By Sohaira Siddiqui This is part 6 and the final post of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. Due to the generally unexplored nature of Anglo-Muhammadan law, I want to conclude my series of blogs with some notes that pinpoint some particular aspects of it … Continue reading A Few Concluding Remarks on Anglo-Muhammadan Law
Shifting Tides in the Application of Islamic Law: Muslim Judges on Colonial Benches
This is part 5 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. Court Case: Muhammadan law and Construction of Instrument of Gift Source: Indian Law Reports: Allahabad Series, Volume III Case: Ghulam Ahmad Khan and another (Plaintiffs) v. Muhammad Faiz Ahmad Khan (Defendant), January 27, 1881 … Continue reading Shifting Tides in the Application of Islamic Law: Muslim Judges on Colonial Benches
Overturning Islamic Law: Right of Guardianship of a Minor
By Sohaira Siddiqui This is part 4 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. In the last two blog entries I explored how the phrase “justice, equity and good conscience” could result in both the application and non-application of Islamic law. In the case of … Continue reading Overturning Islamic Law: Right of Guardianship of a Minor
Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued
By Sohaira Siddiqui This is part 3 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. Case 2: Non-Application of Islamic Law through “Justice, Equity and Good Conscience:” Inheritance of Minors Source: Indian Law Reports: Allahabad Series, Volume I Case: Hasan Ali and another (Plaintiff) v. Mehdi … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued
Anglo-Muhammadan Law and “Justice, Equity and Good Conscience”
By Sohaira Siddiqui This is part 2 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. As noted in the introductory blog post, the application of Anglo-Muhammadan law was varied and uneven. In addition to this being the result of a limited understanding of Islamic law on … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience”
The Birth of Anglo-Muhammadan Law in India
By Sohaira Siddiqui This is part 1 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. For this month’s series, I will examine the rise and implementation of Anglo-Muhammadan law in British India. These posts stem from my current book project which seeks to move beyond the … Continue reading The Birth of Anglo-Muhammadan Law in India
Weekend Scholarship Roundup
Nurfadzilah Yahaya, SHARIAsource editor and scholar of Islamic legal history, discusses the history of Malay people in this podcast episode titled "Learning Malay History" (The More Better Podcast (2020)). In “Human Rights and Cultural Diversity: the Iranian Discourse” (Iranian Review for UN Studies 2, no.1 (2019)), Pouria Askary and Amirsaed Vakil explore the ways Iran … Continue reading Weekend Scholarship Roundup
A Tale of Two Contagions: Science, Imperialism, and the 1883 Cholera in Egypt
By Christopher Rose At Cairo, sanitary matters are nearly at a standstill; the executive administration cannot enforce their orders. On Saturday last, the bad feeling … nearly stirred up a rebellion, so that matters looked very serious. The Egyptian lower classes consider all precautions to be impious; “God is Great,” they cry, and all is … Continue reading A Tale of Two Contagions: Science, Imperialism, and the 1883 Cholera in Egypt
Canons (Qawāʿid) and Reasoning in Islamic Law and Ethics
By Mairaj Syed Although ethical thought is found in virtually every literary genre of Islamic civilization, it finds the most explicit articulation in works of adab (belles-lettres), akhlāq (virtue ethics), and fiqh (positive law).[1] There are a number of distinguishing features that make fiqh an rich repository of moral thought, especially useful for the types … Continue reading Canons (Qawāʿid) and Reasoning in Islamic Law and Ethics
“It was a Memorable Day” – Plague Gatherings and their Critics
By Younus Mirza The Grand Umayyad mosque in Damascus played an instrumental role in the various responses to droughts and plagues. It is here that the great hadith collection of al-Bukhārī was read and various prayers and supplications were organized. In a previous Islamic Law Blog post, Justin Stearns argues that we need to … Continue reading “It was a Memorable Day” – Plague Gatherings and their Critics