Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Photograph of Indian flag flowing in the wind

India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Recent Scholarship: Sen Responds to Stephens’ “Governing Islam”

"Law and Other Things," a blog about India's laws and legal system, has been hosting a book discussion on Julia Stephen’s Governing Islam: Law, Empire and Secularism in South Asia (2018). The book explores the colonial underpinnings of contemporary struggles between Islam and secularism in India, Pakistan, and Bangladesh. Here is an excerpt of Professor Jhuma Sen's response: Governing Islam: Law, … Continue reading Recent Scholarship: Sen Responds to Stephens’ “Governing Islam”

LSN Law & Religion eJournal: July 31

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

This week’s issue of SSRN’s LSN Law & Religion eJournal includes: "Veiled Muslim Women: Challenging Patriarchy in the Legal System" by Zainab Ramahi This essay is an attempt to abandon the white male gaze of the Canadian legal system and investigate what legal projections of veiled Muslim women might reveal about the operation of patriarchy in the western legal … Continue reading LSN Law & Religion eJournal: July 31

Recent Scholarship: Redding Responds to Stephens’ “Governing Islam”

The blog "Law and Other Things" recently featured a book review of Governing Islam: Law, Empire and Secularism in South Asia (2018), written by Jeffrey Redding. The book, authored by Julia Stephens, explores the colonial underpinnings of contemporary struggles between Islam and secularism in India, Pakistan, and Bangladesh. Here is an excerpt of the book review: Stephens’ … Continue reading Recent Scholarship: Redding Responds to Stephens’ “Governing Islam”

Recent Scholarship: Rohit De Introduces Book Discussion on Julia Stephen’s “Governing Islam”

“Law and Other Things,” a blog about India’s laws and legal system, will host a book discussion on Julia Stephen’s Governing Islam: Law, Empire and Secularism in South Asia (2018). The book explores the colonial underpinnings of contemporary struggles between Islam and secularism in India, Pakistan, and Bangladesh. Here is Professor Rohit De‘s introduction to the book … Continue reading Recent Scholarship: Rohit De Introduces Book Discussion on Julia Stephen’s “Governing Islam”

Islamic Law & Law of the Muslim World eJournal: July 26th

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

This week’s issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes: “The Recognition and Enforcement of Foreign Filiation Judgments in Arab Countries” by Béligh Elbalti This chapter from Filiation and the Protection of Parentless Children: Towards a Social Definition of the Family in Muslim Jurisdictions, edited by Nadjma Yassari, Lena-Maria Möller, … Continue reading Islamic Law & Law of the Muslim World eJournal: July 26th

Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

By Cem Tecimer Summary and context: In 1924, Turkey abolished the Ottoman Caliphate through a statute numbered 431, or Law No. 431. The construction of the statute was somewhat ambiguous in that it stated that the Caliphate was abolished because that institution was inherent to the State and the Republic, thus almost justifying its abolishment … Continue reading Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

By Cem Tecimer Professor Kim Lane Scheppele has convincingly drawn attention to the fact that most legal scholarship on citations of foreign law by supreme or constitutional courts tends to focus on citations of “positive” models, that is, models to which the jurisdiction citing them aspires.[1] Professor Scheppele pluralizes the universe of citations by adding … Continue reading Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

By Cem Tecimer In 1926, the young Turkish Republic abandoned its codified Islamic personal status law and replaced it with the secular Swiss Civil Code.[1] The new republican government, replacing its Ottoman predecessor, also adopted the Swiss Code of Obligations laying out the law of contracts.[2] Both of these legal transplants were part of a … Continue reading Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

Recent Scholarship: History of Sharīʿa

The South African newspaper Mail & Guardian recently featured a book review of Understanding Sharia: Islamic Law in a Globalised World (2018), by Raficq S. Abdullah and Mohamed M. Keshavjee. The book explores the history of sharīʿa and its role in the modern world. Here is an excerpt of the book review: While the authors … Continue reading Recent Scholarship: History of Sharīʿa