Summarized by Hadi Qazwini This post is part of the Roundtable on the History of Islamic International Law. It is a summary of Fahad A. Bishara's contribution titled "Markets and … Continue reading ::Roundtable:: History of Islamic International Law: “Markets and the Making of the Islamic World” by Fahad A. Bishara
The Commentary as Platform for Debate, Change, and Authority Construction
By Felicitas Opwis As presented in the previous post, the discursive tradition of commentaries involves extensive intertextuality. This intertextuality is not only a dialogue between matn and sharḥ, but a … Continue reading The Commentary as Platform for Debate, Change, and Authority Construction
Commentary :: Raziya bt. Abdallah v. Hafiza bt. Receb: A Former Concubine Wins her Manumission in Court
Case: Translation of the Court Record The woman called Radiya bt. Abd Allah, of Georgian origin and medium stature, appeared in the courthouse. She is known as the former slave … Continue reading Commentary :: Raziya bt. Abdallah v. Hafiza bt. Receb: A Former Concubine Wins her Manumission in Court
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, … Continue reading Weekend Scholarship Roundup
Islamic Law in the News Roundup
ISLAMIC LAW IN THE NEWS The hijāb controversy in India, occasioned by a university administration refusing to admit some Muslim students wearing the Islamic veil, has been ongoing, with a … Continue reading Islamic Law in the News 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 … Continue reading Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure
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 … Continue reading Judicial Bureaucracy: Revisiting Modern Theory for the Study of Islamic Law
Weekend Scholarship Roundup
SCHOLARSHIP ROUNDUP On Islamic Law: In "Legal Canons—In the Classroom and in the Courtroom or, Comparative Perspective on the Origins of Islamic Legal Canons, 1265–1519" (Villanova Law Review 66, no. … Continue reading Weekend Scholarship Roundup
Early Fiqh and the Issue of Ḥadīth Dating
By Mathieu Tillier This is part one in a series of four posts on the historical formation of the Sunna, with a focus on methodological reflections on the emergence of … Continue reading Early Fiqh and the Issue of Ḥadīth Dating
Intellectual and Practical Caution as Grounds for Legal Pluralism
By Junaid Quadri* In 663/1265, Sultan al-Ẓāhir Baybars appointed a chief judge from each of the four Sunnī madhhabs. For scholars of Islamic law, this decision has served as a … Continue reading Intellectual and Practical Caution as Grounds for Legal Pluralism