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?

Lunch Talk: Borrowing and the Development of Islamic Legal Canons

On Apr 10, PIL Visiting Fellow Mariam Sheibani presented on “Influence, Borrowing, or Plagiarism? The Development of Legal Canons and Distinctions in Mamluk-era Islamic Law.” She discussed the extent to which the Mamlūk-era Mālikī jurist Qarāfī borrowed from his Shāfiʿī teacher, al-ʿIzz Ibn ʿAbd al-Salām, and why.

SHARIAsource Lunch Talk :: The Social Impact of Legal Patchworking (Talfīq)

Aaron Spevack, SHARIAsource Visiting Fellow 2018-2019, spoke on his current research into legal patchworking (talfīq). He examined debates for and against this legal tool, its role in the creation of sharīʿa-compliant financial instruments within Islamic law, the potential individual harms it can inflict, along with the potential social good. The event was livetweeted and may … Continue reading SHARIAsource Lunch Talk :: The Social Impact of Legal Patchworking (Talfīq)

Commentary: Religious Opinions within Civil Discourse

By Professor Mohammad Fadel (University of Toronto, Faculty of Law) In a recent attempt to control religious discourse in Egypt, the chairperson of Egypt’s Supreme Media Regulatory Council (al-majlis al-aʿlā li-tanẓīm al-iʿlām), Makram Muhammad Ahmad, announced that only 50 people would be permitted to give an opinion (fatwā) pertaining to Islamic law. According to various … Continue reading Commentary: Religious Opinions within Civil Discourse

Commentary :: Minority Religious Legal Identity within the Modern Nation State: A Case Study of the Ismāʿīlī Constitution

By Aleema Jamal In 1986, the Aga Khan IV promulgated a global Ismāʿīlī Constitution, which brought the social governance of the Ismāʿīlī community under one umbrella. It was envisioned as a document that could harness the best in individual creativity while creating an ethos of group responsibility. The Ismāʿīlī Constitution provides an example of the … Continue reading Commentary :: Minority Religious Legal Identity within the Modern Nation State: A Case Study of the Ismāʿīlī Constitution

Commentary :: Guardian Council and the Ultimate Power

By Marzieh Tofighi Darian This post analyzes the self-proclaimed power of Iran’s Guardian Council to strike down previously approved laws due to claims of inconsistency with sharīʿa. In order to contextualize this problem, I analyze a recent opinion of the Guardian Council that nullified the results of recent elections, on grounds that a law legalizing membership … Continue reading Commentary :: Guardian Council and the Ultimate Power

Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence

By Marzieh Tofighi Darian This post argues that there is an excessive focus on sharīʿa-compatibility for legislation and judicial decisions in Iran. Even when a law enters into force or a judicial decision becomes final, there are still tools for the Guardian Council to legally invalidate the law or reverse the judicial decision. Assessing the … Continue reading Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence

Commentary :: The Aga Khan Case: An Example of the Law’s Role in Religious Identity Formation

By Aleema Jamal The Khoja Case, also known as the Aga Khan Case, is one of the rare cases profiling the Shīʿī Imāmī Nizārī Ismāʿīlī community (henceforth “Ismāʿīlīs”). Decided in the High Court of Bombay in 1866 by the Honorable Sir Joseph Arnould, this case was brought by a series of Ismāʿīlī plaintiffs who argued … Continue reading Commentary :: The Aga Khan Case: An Example of the Law’s Role in Religious Identity Formation

Commentary :: The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya

By Aleema Jamal The two cases, Nurani v. Nurani and TSJ v. SJSR, exemplify the way in which the efficacy of the Ismāʿīlī community’s dispute resolution system is subservient to, and reliant upon, its relationship with the modern nation-state. The relationship between the Ismāʿīlī community and the state is especially evident when community members, who initially submit themselves to … Continue reading Commentary :: The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya