From Child Rape to Zinā with a Child: Analysis of Consent to Sexual Intercourse and Minimum Age of Criminal Liability under Acehnese Qanun Jinayat

By Waskito Jati Having remained under the jurisdiction of the Indonesian judicial system, the codified Acehnese Islamic criminal code (Qanun Jinayat) exemplifies the intricacies of incorporating classical Islamic concepts alongside modern and secular government regulations.[1] The case being discussed in this essay is one example wherein a child rape allegation turns into an allegation of … Continue reading From Child Rape to Zinā with a Child: Analysis of Consent to Sexual Intercourse and Minimum Age of Criminal Liability under Acehnese Qanun Jinayat

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "The Judiciary and the Rule of Law in Afghanistan" (Judicature 105, no. 3 (2021)), Mehdi J. Hakimi (Stanford Law School) argues that, long before the Taliban's rise to power, the Afghan judiciary experienced "institutional design flaws, primarily in the constitutional architecture, [that] curtailed the judiciary’s capacity to act as … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Abel Awad, an American lawyer and Islamic law expert, stated that the viability-based reasoning behind the famous U.S. Supreme Court decision Roe v. Wade, recognizing a woman's right to an abortion, imposed one religious view of viability on the American society while marginalizing other religions' view on viability, including that … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Islamic fintech, or iFintech, witnessed considerable growth recently, with Malaysia described as "the most robust ecosystem supporting the industry." Online and mobile-first fintech companies, sometimes called "neobanks," are increasingly offering sharī'a-compliant services, in a move to accommodate the needs of their Muslim clientele. While many Afghans continue to fear the … Continue reading Islamic Law in the News Roundup

Episodes in which the ʿUlamāʾ, according to Islamic Law, were Opposed to the Tax

By Mehdi Berriah This is part two in a series of four posts on the financing of jihād during the Mamlūk period. First Episode The first episode took place in dhū-l-qaʿda 657/November 1259, after Quṭuz dismissed al-Manṣūr ʿAlī, the son of his former master, the first Mamlūk sultan al-Muʿizz Aybak (d. 655/1257), and proclaimed himself sultan. The … Continue reading Episodes in which the ʿUlamāʾ, according to Islamic Law, were Opposed to the Tax

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

Islamic Finance Guru, a UK-based Islamic finance platform, recently raised £3 million in investments. The Saudi Crown Prince's overhaul of the country's legal system and practices traditionally thought as being mandated by sharī'a has given rise to discontent among some of the population. Ahead of the national Islamophobia summit, the National Council of Canadian Muslims … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

In "The Application of Maqasid Al-Shari’ah in the Foreign Policy of Islamic States" (International Journal of Academic Research in Business and Social Sciences, 2021), Usman Safiyanu Duguri and others discuss the relevance of the objectives of Islamic law (maqāsid al-sharī'a) to how Muslim-majority nations formulate their foreign policies, with an added observation that maqāsid al-sharī'a … Continue reading Weekend Scholarship Roundup

The continuum approach: Multiple legal solutions to run a diverse empire

By Petra Sijpesteijn (Leiden University) 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 Rabb: “Methods and Meaning in Islamic Law: Introduction." Two … Continue reading The continuum approach: Multiple legal solutions to run a diverse empire

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