Weekend Scholarship Roundup

In "Are the Limitations on Remedies Fair? A Comparative Study between the US Law and Islamic Law" (SSRN, May 18, 2021), Fahad Aldossary (Southern Methodist University - Dedman School of Law) discusses how US and Islamic laws situate and understand the legal concepts of "foreseeability, causation, mitigation, and certainty." In "Mapping The Common Law Concept … Continue reading Weekend Scholarship 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

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 Prof. Ahmed al-Shamsy

By Omar Khaled Abdel-Ghaffar This is a summary of the lecture by Prof. Ahmed El Shamsy entitled “What Kind of Gloss is a Ḥashiya?,” delivered on April 28, 2021 at 12 noon (EST), 6 pm (Münster) 7 pm (Istanbul) via Zoom. Professor El Shamsy’s lecture described the history, impact, and receptions of legal ḥāshiya literature, … Continue reading Monthly Lectures on Islamic Legal Genres: “Genre as a Tool for Understanding Islamic Law” by Prof. Ahmed al-Shamsy

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

Islamic Law, Assisted Reproductive Technologies, and Surrogacy

By Ayman Shabana In the Islamic legal tradition, family relationships are based on one of three main bonds: blood, marriage, and breastfeeding. One’s formal affiliation is determined primarily on the basis of the agnatic line of descent. Family relationships on the maternal side are important but most lineage-related regulations are based on one’s patrilineal descent. … Continue reading Islamic Law, Assisted Reproductive Technologies, and Surrogacy

Weekend Scholarship Roundup

In "From conquest to co-existence: Burhān al-Dīn al-Marghīnānī's (d. 593/1197) re-interpretation of jihād" (Journal of Islamic Studies, vol. 32 no. 2), Youcef L. Soufi (University of Toronto) takes issue with the mainstream view in scholarship that second/eight century Muslim jurists' conception of jihād was uniformly in support of continuous imperial conquest. In "Islam from the … Continue reading Weekend Scholarship Roundup

Islamic Law, (Bio)ethics, and Ethical Gatekeeping of Science

By Ayman Shabana One of the important reasons why the use of the term “Islamic law” as the English counterpart for sharīʿa is problematic has to do with the conceptualization of the relationship between law and ethics in Islam. In the modern period, the term “law” is often understood as positive, secular, or man-made law, … Continue reading Islamic Law, (Bio)ethics, and Ethical Gatekeeping of Science

Weekend Scholarship Roundup

In "On Sacred Land" (Minnesota Law Review, vol. 105 (2021)), Khaled A. Beydoun (Wayne State University Law School) discusses America's "Anti-Sharia Movement" within the context of the Religious Land Use and Institutionalized Person's Act, highlighting the resistance local governments exhibit against the creation of mosques and other Islamic community centers across the country. In "Women … Continue reading Weekend Scholarship Roundup