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

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

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

Weekend Scholarship Roundup

In her book review of Mohammed Fadel and Connell Monette's translation of Al-Muwaṭṭaʾ, Adday Hernández (ILC-CSIS) welcomes the translation and describes it as a work that will become "one of the main reference sources" in the field of Islamic legal studies. In her undergraduate thesis entitled "I Know How the Caged Bird Tweets: Online Dissent … Continue reading Weekend Scholarship Roundup

Sharīʿa, Custom, and Modern Legal Reform

By Ayman Shabana In the Islamic juristic tradition, the relationship between sharīʿa and custom raised important methodological questions, ranging from: the nature and number of sources, formulation of rulings, guidelines for the understanding and interpretation of the scriptural texts, and implementation and application of legal rules particularly in novel cases requiring independent reasoning. In general, … Continue reading Sharīʿa, Custom, and Modern Legal Reform

Two Supercommentaries

By Mahmood Kooria The Qurra-Fatḥ was received well among the Shāfiʿī Muslims, especially in the nineteenth century—a period of multiple syntheses for Shāfiʿīsm in terms of its geographical, intellectual, and cultural realms. To highlight the ruptures in the long commentarial traditions of the school, in this last blogpost I focus on two works, both of … Continue reading Two Supercommentaries

Weekend Scholarship Roundup

In Rediscovery and Revival in Islamic Environmental Law: Back to the Future of Nature's Trust (Cambridge University Press, 2021), Samira Idllalenè (Cadi Ayyad University, Marakesh) argues that commonalities across religions and different legal systems, including common law, Islamic law, and environmental law, can be employed to create better protections against climate change. In Reopening Muslim … Continue reading Weekend Scholarship Roundup

An Autocommentary

By Mahmood Kooria By the sixteenth century the Muslim communities on the Indian Ocean littoral were participating intensively in Islamic intellectual networks, producing many jurists and composing many texts. They made lengthy journeys to religious educational centers such as Mecca, and this had a significant impact on the production of a huge corpus of literature … Continue reading An Autocommentary

A Commentary

By Mahmood Kooria The most renowned commentary of the Minhāj is Tuḥfat al-muḥtāj written by Ibn Ḥajar al-Haytamī (1504-1567), an Egyptian scholar who built up a successful career in Mecca. This commentary, too, represents the internal dynamics of the discursive traditions within the Shāfiʿī school as well as its historical trajectories expanding to unprecedented lands. … Continue reading A Commentary

Weekend Scholarship Roundup

In "Peace to those of Faith: Political Affiliation and Belonging in Classical Islamic Thought" (Routledge Handbook of Citizenship in the Middle East and North Africa 2021), Omar Farahat (McGill University Faculty of Law) discusses the concept of belonging in classical Islamic thought, focusing on multilayered descriptions of tribal identity. In "Eradicating Gender-Based Violence against Female-Intimate … Continue reading Weekend Scholarship Roundup