Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Scholars of Islamic law have continued to debate the question of whether the use of cryptocurrencies is permissible under Islamic law.  For more content and context on Islamic debates over the permissibility of using cryptocurrencies, consult the contributions by our Research Editor Raha Rafii here and here. Some Muslim rights … Continue reading Islamic Law in the News Roundup

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

Portals to the Future: Translations of Powers of Attorney

By Nurfadzilah Yahaya Powers of attorney form the basis of the second chapter of my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020). The digital collection of these documents produced by the Arab communities in the Straits Settlements (mostly Singapore) in the Koh Seow Chuan Collection in the National … Continue reading Portals to the Future: Translations of Powers of Attorney

Islamic Law in the News Roundup

As talks between the Afghan government and the Taliban continue, the US peace envoy to Afghanistan, Zalmay Khalizad's proposal circulated to both parties includes "a High Council for Islamic Jurisprudence," to advise ordinary courts as to matters involving the interpretation of Islamic law. Austrian Muslims have planned to sue the Austrian government under the leadership … Continue reading Islamic Law in the News Roundup

Pluralistic Methodologies in Islamic Legal Historiography

By Metin M. Coşgel (University of Connecticut) & Boğaç A. Ergene (University of Vermont) This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar … Continue reading Pluralistic Methodologies in Islamic Legal Historiography

Al-Qarāfī’s collection of legal distinctions

By Mariam Sheibani Source: Al-Qarāfī, Shihāb al-Dīn. Kitāb al-furūq aw Anwār al-burūq fī anwāʿ al-furūq. 3rd ed. Edited by Muḥammad Sarrāj and ʿAlī Jumuʿa. 2 vols. Cairo: Dār al-Salām, 2010. General Description: This excerpt comprises the seventy eighth ‘legal distinction’ in Qarāfī’s collection of legal distinctions (furūq). Legal distinctions are a subset of legal maxims, … Continue reading Al-Qarāfī’s collection of legal distinctions

Contemporary Primary Sources: Kano State v. Lami Adamu: Ruling on the High Court’s Competence to Apply the Sharia Penal Code

The respondent was charged before the High Court of Kano State for the offense of homicide under the Kano State Sharia Penal Code Law 2000. Arguing that only sharīʿa courts are competent to try offenses arising under the Sharia Penal Code, the respondent challenged the jurisdiction of the High Court to hear the matter. The … Continue reading Contemporary Primary Sources: Kano State v. Lami Adamu: Ruling on the High Court’s Competence to Apply the Sharia Penal Code

Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

In this post, I will examine a landmark case, Abdul Waheed v. Asma Jehangir, that was brought before the Pakistani Supreme Court and decided in 2004. The Court was asked to decide the substantive issue of whether a Muslim girl who has reached the age of puberty needs the consent of a male guardian (walī) … Continue reading Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

Contemporary Primary Sources: “Shariah Law in Aceh”

This English-language summary issued by the Acehnese government (Indonesia) explains the all-encompassing role of sharīʿa in Aceh. It clarifies that sharīʿa does not apply to non-Muslims, and that its implementation in no way repudiates human rights standards, including freedom of religion. Read the document.

Scholarship in “Plain English”: Sherman Jackson on the Primacy of Domestic Politics

By Alicia Daniel Citation: Alicia Daniel, Review of Sherman A. Jackson, The Primacy of Domestic Politics: Ibn Bint Al-Aʿazz and the Establishment of Four Chief Judgeships in Mamlūk Egypt [Journal of the American Oriental Society 115, no. 1 (1995): 52-65], Islamic Law Blog (2017) Narrative Abstract Upon coming into power in Egypt in the year … Continue reading Scholarship in “Plain English”: Sherman Jackson on the Primacy of Domestic Politics