Islamic Finance Guru, a UK-based Islamic finance platform, recently raised £3 million in investments. The Saudi Crown Prince's overhaul of the country's legal system and practices traditionally thought as being mandated by sharī'a has given rise to discontent among some of the population. Ahead of the national Islamophobia summit, the National Council of Canadian Muslims … Continue reading Islamic Law in the News Roundup
Family Law as Colonial Specter of Shelter
By Nurfadzilah Yahaya My book Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) traces changing notions of family and clan across legal cultures in the realm of family law. Supposedly, Islamic law does not enter the secular sphere of politics during the colonial period. Yet, although dissipation of political power … Continue reading Family Law as Colonial Specter of Shelter
Weekend Scholarship Roundup
In "Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the US Mass Incarceration?" (SSRN, June 23, 2021), Amin R. Yacoub (University of Virginia School of Law) and Becky Briggs (University of San Diego) discuss the phenomenon of mass incarceration in the United States and how Islamic law principles of criminal … Continue reading Weekend Scholarship Roundup
What does Equality Mean in the Colonies?
By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?
Monthly Lectures on Islamic Legal Genres: “Genre as a Tool for Understanding Islamic Law” by Dr. Samy Ayoub
By Omar Khaled Abdel-Ghaffar This is a summary of the lecture by Dr. Samy Ayoub entitled “Creativity in Continuity: al-rasā’il al-fiqhīyya as a Genre for Legal Change,” delivered on May 26, 2021 at 12 noon (EST), 6 pm (Münster) 7 pm (Istanbul) via Zoom. Samy Ayoub’s lecture on May 26, 2021 on late Ḥanafī rasā’il … Continue reading Monthly Lectures on Islamic Legal Genres: “Genre as a Tool for Understanding Islamic Law” by Dr. Samy Ayoub
Weekend Scholarship Roundup
A report by the International Social Service entitled "Kafalah: Preliminary analysis of national and cross-border practices" discusses the concept of kafālah, a form of child care recognized under Islamic law, and its reception across a number of jurisdictions globally. In "The Concept of Ecological Balance and Environmental Conservation: An Islamic Practice" (SSRN, July 2, 2021), … Continue reading Weekend Scholarship Roundup
Islamic Law in the News Roundup
Earlier this year, a Texas judge ordered that a woman seeking a divorce forgo Texas courts but instead submit to the jurisdiction of a sharī'a panel in Saudi Arabia, pursuant to the prenuptial agreement the woman had executed when entering her marriage. Ethos Invest has recently launched an ethical, sharī'a-compliant fund. A Moroccan woman was … Continue reading Islamic Law in the News Roundup
Ṭalāq in the Colonies – Constraints on Colonial Judiciary
By Nurfadzilah Yahaya In my book, Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020), I demonstrate how colonialism embodies a contradiction; in a sense, colonial authorities limited and restricted subjects’ lives, but their authority gave rise to a sense of possibility for some colonial subjects perceived to be elite.[1] The largest … Continue reading Ṭalāq in the Colonies – Constraints on Colonial Judiciary
Weekend Scholarship Roundup
The new issue of the Journal of Islamic Law at Harvard Law School (Journal of Islamic Law 2, no. 1 (2021)) has been published online. The new issue includes an article by Sohaira Siddiqui (Georgetown University) entitled "Triple Divorce and the Political Context of Islamic Law in India" that discusses the recent enactment of an … Continue reading Weekend Scholarship Roundup
Islamic Law in the News Roundup
Ahmadullah, a prominent Muslim cleric from Bangladesh, issued a fatwā stating that using the laughing emoji to mock people is forbidden under Islamic law. Muslim women in Kenya have lobbied the government to ensure that a woman is appointed to the top Kadhi court adjudicating Islamic law matters. A new Pew Research study found that … Continue reading Islamic Law in the News Roundup