Intisar Rabb on Originalism and the Role of Legal Canons in Islamic Law

The 43rd annual Donald A. Giannella Memorial Lecture organized by Villanova University Charles Widger School of Law hosted our Editor-in-Chief, Intisar Rabb, with her presentation titled "Interpreting Islamic Law." The presentation concerned the Mamlūk Empire during the thirteenth century, with a focus on the judicial overhaul overseen by its Sultan Baibars I. In her presentation, … Continue reading Intisar Rabb on Originalism and the Role of Legal Canons in Islamic Law

Ways for Muslims to Follow Islamic Law amid the Spanish Inquisition

By Terrence George This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Background In the year 711, Muslim forces invaded the Iberian Peninsula and conquered most of its defenders within a decade. The Muslim Andalusian Umayyad … Continue reading Ways for Muslims to Follow Islamic Law amid the Spanish Inquisition

Islamic Law & Data Science at MESA 2020! (A PIL Guide)

The Program in Islamic Law (PIL) has curated a list of panels from the Middle East Studies Association's (MESA) 2020 Annual Meeting schedule that are related to Islamic law and history, and data science.* MESA's fifty-fourth annual meeting will be held between October 5 - 17, 2020. Register here. Is there a session missing that … Continue reading Islamic Law & Data Science at MESA 2020! (A PIL Guide)

Leveling the Field

By Omar Khaled Abdel-Ghaffar This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Abstract Ibn Taymiyyah (d. 1328/728) was a prominent Ḥanbalī scholar of the Mamlūk period. His position on sharecropping (a contract where one party … Continue reading Leveling the Field

Reconciling through Interests

By Omar Khaled Abdel-Ghaffar This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Abstract Ibn Qudāma (d. 620/1223) argues in his ​Mughnī​ for the validity of the ​muzāraʿa​ contract, a form of sharecropping contract. In this … Continue reading Reconciling through Interests

Jurisdiction over Germination

By Omar Khaled Abdel-Ghaffar This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Summary Qalqashandī’s rendering in ​Ṣubḥ al-Aʿshā of an earlier decree for the appointment of a Ḥanbalī judge provides important insights into the quadripartite … Continue reading Jurisdiction over Germination

A Few Concluding Remarks on Anglo-Muhammadan Law

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 that I believe … 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

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 the non-application of … Continue reading Overturning Islamic Law: Right of Guardianship of a Minor

Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued

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 Husain and others … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued