Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Judicial Crisis in Damascus on the Eve of Baybars’s Reform: The Case of the Minor Orphan Girl (651–55/1253–57)" (Islamic Law and Society (March 23, 2022)), Mariam Sheibani (The University of Toronto Scarborough) "reconstructs a late-Ayyubid court case in Damascus that was litigated repeatedly between 651/1253 and 655/1257, five years … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS An Islamic clerics board in India, in response to the Karnataka High Court that ruled that hijāb is not an essential part of Islamic law, stated that the court's interpretation was based on an erroneous interpretation of the Qur'ān. The board claimed: "In its impugned Judgment, the High Court of … Continue reading Islamic Law in the News Roundup

A Prayer-Based Civilizational Order: The Social Dimension of the Rules of Ritual Prayer

By Sohail Hanif Ritual prayer (ṣalāh) is a pillar of Islam. It functions as a pillar that upholds the daily routine and spiritual journey of a believer. However, the spiritual dimension of prayer is not a topic of investigation in works of Islamic law. There is, on the other hand, another overarching interest of Muslim … Continue reading A Prayer-Based Civilizational Order: The Social Dimension of the Rules of Ritual Prayer

Social Dependencies of Islamic Law: A View Through the Legal Commentary

By Sohail Hanif My research has centred on unpacking layers of argumentation in works of Islamic law, particularly legal commentaries. As one unpacks these layers, one comes to learn that what actually is ‘law’ is not always clear, and that it is within the arguments that one finds the principles and reasoning for the sake … Continue reading Social Dependencies of Islamic Law: A View Through the Legal Commentary

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Saudi Arabia has approved new personal status laws that aim to enhance the legal status of women and children by enhancing alimony rights of women for childcare, among other things.  The Saudi Crown Prince stated that the new laws are "comprehensive in addressing all the problems that the family and … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Discrimination Between Muslim Prisoners' Kufis and Jewish Prisoners' Yarmulkes Is Unconstitutional" (The Volokh Conspiracy, February 28, 2022), Eugene Volokh (UCLA Law) refers to the recent case of Moore v. Washington, which held that it was unconstitutional that "[t]he policy at issue made a facially discriminatory distinction between Jewish men, … Continue reading Weekend Scholarship Roundup

Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure

By Nahed Samour Bureaucratization demands regular activities and official duties. These duties are a central aspect of a bureaucratically governed structure. Regularity is important particularly in the application and adjudication of the law so as to minimize arbitrariness.[1] Regularity can create transparency, accessibility, and accountability, and thereby add to adjudicative authority within a bureaucratically established … Continue reading Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Modern money and Islamic banking in the light of Islamic law of riba" (International Journal of Finance & Economics (2020)), Muhammad Zahid Siddique (National University of Sciences and Technology, Pakistan) asserts that "[r]iba is not merely a matter of eliminating the institution of interest from economic system, it is about eliminating … Continue reading Weekend Scholarship Roundup

Judicial Bureaucracy: Revisiting Modern Theory for the Study of Islamic Law

By Nahed Samour Surely, Max Weber was wrong with his assumptions about Kadi-Justice (kadijustiz).[1] He is rightly criticized as a modernization theorist, placing a protestant work ethics at the centre of progress in the modern West, which was picked up to explain a “global envy” of the West and an obsession to imitate it, encouraging … Continue reading Judicial Bureaucracy: Revisiting Modern Theory for the Study of Islamic Law

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The Church of Jesus Christ of Latter-day Saints recently published an informational pamphlet stressing "shared practices and beliefs" their faith community shares with Muslims, to which Luna Banuri, executive director of Utah Muslim Civic League, responded: "They did a very good job in presenting a holistic view of Islam that … Continue reading Islamic Law in the News Roundup