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. Professor Scheppele pluralizes the universe of citations by adding the “aversive” category, … Continue reading Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?
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.
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)
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
A document of national significance, the Police Order outlines the roles, duties, and structure of police in Pakistan. Contributed by contributor Nimra Azmi. Read here.
Pakistan editor Zubair Abbasi examines the legality of surrogacy under Islamic law. In Farooq Siddiqui v Mst. Farzana Naheed, decided on 16 February 2017, the Federal Shariat Court (FSC) determined the legality of surrogacy under Islamic law. In this case note, Abbasi analyzes the judgment of the FSC on surrogacy. Based on this analysis, he argues that this judgment signifies a historical … Continue reading Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation
Greek expert Ilker Tsavousoglou (Ghent University) examines developments in Western Thrace, in Greece, to illustrate the complexities of modern legal pluralism where secular states have some jurisdiction for Islamic law. Greece recognizes an Islamic law jurisdiction in Thrace, whereby it accords muftī tribunals – muftīs being expert jurists who typically give advisory opinions in Islamic law – the authority to oversee and enforce Islamic law in the region. To some observers, this … Continue reading The Treatment of Women: Applying Islamic Law in Greek Thrace
During a time when there are global questions about stable Muslim-majority states that have combined Islamic law with state law, SHARIAsource editor Ari Schriber (Harvard University) convincingly demonstrates that Morocco's 1965 Court Unification Law deserves more attention, though not for the reasons one may initially suppose. In asserting independence then, Moroccan leaders paved the way … Continue reading The Dissolution of Sharīʿa in the 1965 Moroccan Court Unification Law
China editor Matthew Erie‘s introduction and summary. For further details, see Erie's opening post here.: Man Ke (满珂), a female professor at the Northwest Nationalities University, provides yet another perspective based on both her disciplinary background (anthropology) and her location (Lanzhou). In her untitled piece, Man Ke explains that the different “teaching schools” (jiaopai) and … Continue reading SYMPOSIUM: The Legal Basis for Female Clerics among Chinese Muslims”: Interview with Man Ke (Post 5 of 5)
China editor Matthew Erie's introduction and summary. For further details, see Erie's opening post here.: Liu Xueqiang (刘学强), a male cleric based in Kaifeng City in Henan Province, writes in his commentary “Islam’s Gender Relations,” that the phenomenon of female clerics originates in the particular historical-cultural environs of the Central Plains of China (i.e., present … Continue reading SYMPOSIUM: The Legal Basis for Female Clerics among Chinese Muslims: Interview with Liu Xueqiang (Post 4 of 5)