There are plenty of reasons to say that it is. The corpus of revealed prooftexts is closely guarded and ranked by the decisions of hadith critics of old. The meaning of each word is governed by prescribed literal interpretations that must be followed in the absence of contrary evidence. When prooftexts conflict, abrogation settles the … Continue reading Is Islamic Legal Theory Conservative?
The academic study of Islamic legal theory in the English–speaking world has been marked by several landmark gatherings: in Princeton (1983), Alta, Utah (1999), and Istanbul (2016 and now October 2019). The latest, held October 15–17 at Istanbul University, for the first time gave equal attention to the formative, classical, postclassical, and modern periods of … Continue reading Istanbul conference brings postclassical uṣūl al-fiqh into the limelight
In the latest issue of Studia Islamica, Asma Afsaruddin’s article on “Jihād, Gender, and Religious Minorities in the Siyar Literature: The Diachronic View” compares five medieval works to highlight changing attitudes towards the participation of non-Muslims and women in military jihād. Meanwhile, Omar Farahat’s new book on The Foundation of Norms of Islamic Jurisprudence and … Continue reading Recent Scholarship: Medieval Islamic Legal Debates
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)
A baby produced through medical intervention by the sperm and egg of duly wedded couples (without involving a third party) is permissible under Islamic law. However, surrogacy is not allowed because marriage is the only means through which children should be produced under Islamic law. Surrogacy is likely to give rise to innumerable legal problems regarding … Continue reading CASE: Farooq Siddiqui v. Mst. Farzana Naheed (Federal Shariat Court, Pakistan): Judgment on Surrogacy
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
In the wake of anti-sharīʿa marches across the United States, Senior Scholar Asifa Quraishi-Landes clarifies in the Religion News Service the history of state and religious law in Islamic legal history. Read the entire article. "To make things even more complicated for American observers, fiqh doesn’t neatly fit into Western categories of law and morality. … Continue reading “How anti-Shariah marches mistake Muslim concepts of state and religious law”: Asifa Quraishi-Landes in the Religion News Service
Editor’s Note: Professor Anver Emon is a Professor and Canada Research Chair in Religion, Pluralism and the Rule of Law at the University of Toronto. He is also a senior scholar with SHARIAsource. SHARIAsource Research Editor Sharon Tai spoke with him about two of his essays, Is ISIS Islamic? Why it Matters for the Study of Islam and Banning Shari'a as well as a … Continue reading Rational Actors in Sharīʿa?: An Interview with Professor Anver Emon