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

Fatwās on Cryptocurrency: Egypt’s Dār al-Iftāʾ

By Raha Rafii Grand Muftī Shawky Ibrahim Allam of Egypt’s Dār al-Iftāʾ issued a fatwā in December 2017[1] stating that any and all uses of cryptocurrency was ḥarām, or forbidden—including purchasing, selling, and leasing. The al-Azhar-affiliated Dār al-Iftāʾ was established in 1895 with the Grand Muftī as its head; throughout its history it served a … Continue reading Fatwās on Cryptocurrency: Egypt’s Dār al-Iftāʾ

A Prayer-Based Civilizational Order: The Social Dimension of the Rules of Ritual Prayer

By Sohail Hanif Ritual prayer (ṣalāh) is a pillar of Islam. It functions as a pillar that upholds the daily routine and spiritual journey of a believer. However, the spiritual dimension of prayer is not a topic of investigation in works of Islamic law. There is, on the other hand, another overarching interest of Muslim … Continue reading A Prayer-Based Civilizational Order: The Social Dimension of the Rules of Ritual Prayer

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Procedure of Criminal Appeal in the Light of Judicial Precedents" (Bahria University Journal of Humanities and Social Sciences 4, no. 2 (2021)), Umar Farooq Tipu and Sajida Faraz (University of Swabi) discuss the Criminal Procedure Code (CrPC) of 1898 of Pakistan, with references to case law. In "Personal Laws … Continue reading Weekend Scholarship Roundup

Social Dependencies of Islamic Law: A View Through the Legal Commentary

By Sohail Hanif My research has centred on unpacking layers of argumentation in works of Islamic law, particularly legal commentaries. As one unpacks these layers, one comes to learn that what actually is ‘law’ is not always clear, and that it is within the arguments that one finds the principles and reasoning for the sake … Continue reading Social Dependencies of Islamic Law: A View Through the Legal Commentary

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In episode 521 of the Ottoman History Podcast, entitled "Islam and Science Fiction" and hosted by Shireen Hamza (Harvard University), Jörg Matthias Determann (Virginia Commonwealth University in Qatar) explores the "many overlapping and competing visions of Muslim Futurism." In "Majalla: Codification of the Norms of Islamic Law" (International Journal of … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Sovereignty, Territoriality and Islamic Private International Law" (SSRN, October 12, 2021), Mohammad Fadel (University of Toronto) argues that "Islamic international law, in its classical phase (8th – 13th centuries), as first formulated by Iraqi, and later, Central Asian, scholars (who later came to be known as Ḥanafīs), understood all … Continue reading Weekend Scholarship Roundup

Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure

By Nahed Samour Bureaucratization demands regular activities and official duties. These duties are a central aspect of a bureaucratically governed structure. Regularity is important particularly in the application and adjudication of the law so as to minimize arbitrariness.[1] Regularity can create transparency, accessibility, and accountability, and thereby add to adjudicative authority within a bureaucratically established … Continue reading Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure

Judicial Bureaucracy: Revisiting Modern Theory for the Study of Islamic Law

By Nahed Samour Surely, Max Weber was wrong with his assumptions about Kadi-Justice (kadijustiz).[1] He is rightly criticized as a modernization theorist, placing a protestant work ethics at the centre of progress in the modern West, which was picked up to explain a “global envy” of the West and an obsession to imitate it, encouraging … Continue reading Judicial Bureaucracy: Revisiting Modern Theory for the Study of Islamic Law

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Legal Canons—In the Classroom and in the Courtroom or, Comparative Perspective on the Origins of Islamic Legal Canons, 1265–1519" (Villanova Law Review 66, no. 5 (2022)), Intisar Rabb (Editor-in-Chief; Harvard University) traces the origins of Islamic law canons, with a focus on how those canons were utilized in Islamic … Continue reading Weekend Scholarship Roundup