This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Muslims and Sacred Texts and Laws" by Ihsan Yilmaz Like secular law, Islamic law also deals with matters of social, political, and economic interaction. This includes marriage, divorce, inheritance, criminal offenses, contracts, commercial transactions, constitutional law, and international law; basically, paralleling the secular law … Continue reading Islamic Law & Law of the Muslim World eJournal: August 7
Summary and context: In 1924, Turkey abolished the Ottoman Caliphate through a statute numbered 431, or Law No. 431. The construction of the statute was somewhat ambiguous in that it stated that the Caliphate was abolished because that institution was inherent to the State and the Republic, thus almost justifying its abolishment as a separate … Continue reading Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431
The constitutions of many Muslim-majority countries contain clauses that declare sharīʿa a source of legislation. These “sharīʿaclauses” may name sharīʿa as “a chief source,” “the chief source,” or “the only source,” among others, of national laws. Though the phrasing of these clauses seems quite similar, some scholars and government officials have ascribed importance to the differences between them. By … Continue reading Review :: Clark Lombardi on Sharīʿa as a Source of Legislation
Recently in Texas, a state legislator, Representative Kyle Biedermann, sent out what he called a poll to mosques across the state. A copy of the loyalty test-style letter and reform-of-Islam manifesto, called a "poll", is reproduced here. The "poll" was in fact a 7-page series of documents that drew on false notions of select questions of … Continue reading TRENDING: When is a Texas “poll” about sharīʿa not really a poll and not really about sharīʿa?
Anver Emon's (Professor of Law at the University of Toronto Faculty of Law and SHARIAsource senior scholar) new paper Codification and Islamic Law: The Ideology Behind a Tragic Narrative in the Journal of Middle East Law and Governance challenges the now popular argument that Islamic law is near-impossible to formalize as state law. Treating Islamic law … Continue reading Is Sharīʿa Incompatible with the Modern Administrative State?
On election day 2016, Professor Intisar Rabb, SHARIAsource founding editor-in-chief, reflects on the notion of “civil rights sharīʿa”: the role that Islamic law has historically played in honoring and pressing for shared commitments to justice and equality under the law. Modern American history already exemplifies this notion in the legacy of boxing legend Muhammad Ali, who died as … Continue reading ELECTION DAY 2016 :: Civil Rights Sharīʿa and the Elections as a Part of the American Political Process
SHARIAsource hosted the first of its lunch discussions, entitled “From Big Law to Public Service in the White House.” Over lunch, Raheemah Abdulaleem, Associate General Counsel in the Executive Office of the President, Office of Administration, the White House, intimated to current HLS students details of her first years as a newly barred lawyer and how … Continue reading IN SUMMARY: White House Lawyer Raheemah Abdulaleem (HLS ’01) talks Big Law and Public Service (In Conversation with Intisar Rabb)
Guest contributor Jacob Olidort critically examines ISIS's claim of adherence to the doctrine of Salafism, a popular orientation among conservative Muslim clerics who attempt to model their actions on a certain vision of law and theology in the early Muslim community. Himself a scholar of modern Salafī thought, Olidort concludes that ISIS's claims are at … Continue reading Does ISIS Really Follow the Salafī Version of Islamic Law and Theology?
Guest contributor Mara Revkin outlines the legal infrastructure of ISIS. She argues that the movement's barbarism and apparently wanton acts of terrorism belies a self-contained legal system based on Islamic law – including the Islamic law of evidence. Using interviews with eighty-two Syrians and Iraqis, Revkin reconstructs how evidence is used within ISIS's purported borders. … Continue reading The Construction and Failure of Islamic Laws of Evidence in ISIS’s State-Building Project