Commentary :: Let’s Lose Lawyers (2-4)

At the end of the last post we met the negotiorum gestor, an administrator of the business of another, even without any mandate from the principal. The argument for this and for the more recognizable representative, who receives an explicit appointment by the principal, we learn (from Ulpian), was made from “necessity.”  In the Digest, … Continue reading Commentary :: Let’s Lose Lawyers (2-4)

Commentary :: Let’s Lose Lawyers (1-4)

INTRODUCTION TO A SERIES OF FOUR POSTS In this series, I aim to play with a few ideas. First, I will imagine a society without heavily professionalized sophists who can argue either side in a legal dispute, i.e., lawyer-advocates (posts 1-2). The historical models I employ (Roman and Islamic law) allow me to underscore the … Continue reading Commentary :: Let’s Lose Lawyers (1-4)

Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas

"Introduction to the English Translation of the Muwatta' of Imam Malik b. Anas, Recension of Yahya b. Yahya al-Laythi (Royal Moroccan Edition, 2013)," Mālik b. Anas, al-Muwaṭṭaʾ -- Recension of Yaḥyā b. Yaḥyā al-Laythī (d. 234/848), edited and translated by Mohammad Fadel, University of Toronto Faculty of Law, and Connell Monette, American Academy Casablanca. The Muwatta' of Malik b. Anas … Continue reading Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas

Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas

The years I spent working on the forthcoming translation of the Muwaṭṭaʾ overlapped in part with the rise of the Islamic State in Iraq and Syria (“ISIS”), and its claim to a caliphate. Among other outrages, ISIS introduced certain forms of slavery to the territory under its control, most prominently, concubinage. This decision was ostensibly … Continue reading Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas

Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

"Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58" by Rabiat Akande. This article narrates the ways in which siyasa, understood as "discretionary powers of political rulers," facilitated the making of a British Colonial Islamic law. Here, Akande focuses on criminal law in order to highlight what set … Continue reading Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

Commentary: The Logic of Excluding Testimony in Early Islam

In chapter one of Justice and Leadership in Early Islamic Courts, Ahmed El Shamsy examines selected criteria used to exclude the testimony of certain types of witnesses in Islamic courts of the second century AH / eighth century CE. Specifically, the chapter seeks to make three points: 1. In the early second century, Muslim judges presiding over … Continue reading Commentary: The Logic of Excluding Testimony in Early Islam

Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation

Pakistan editor Zubair Abbasi examines the legality of surrogacy under Islamic law. In Farooq Siddiqui v Mst. Farzana Naheed, decided on 16 February 2017, the Federal Shariat Court (FSC) determined the legality of surrogacy under Islamic law. In this case note, Abbasi analyzes the judgment of the FSC on surrogacy. Based on this analysis, he argues that this judgment signifies a historical … Continue reading Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation

Stanford Hiring for Law/Legal Institutions in Muslim Societies: Assistant- or Associate-Level Faculty Position in Law and Legal Institutions in Muslim Societies

Stanford University invites applications for a tenure-track Assistant Professor or a tenured Associate Professor faculty position focused on law and legal institutions of Islam and/or Muslim societies in any time period. The successful applicant for this position will be jointly appointed in the Stanford Law School and one of the following departments within the School … Continue reading Stanford Hiring for Law/Legal Institutions in Muslim Societies: Assistant- or Associate-Level Faculty Position in Law and Legal Institutions in Muslim Societies

“How anti-Shariah marches mistake Muslim concepts of state and religious law”: Asifa Quraishi-Landes in the Religion News Service

In the wake of anti-sharīʿa marches across the United States,  Senior Scholar Asifa Quraishi-Landes clarifies in the Religion News Service the history of state and religious law in Islamic legal history. Read the entire article.  "To make things even more complicated for American observers, fiqh doesn’t neatly fit into Western categories of law and morality. … Continue reading “How anti-Shariah marches mistake Muslim concepts of state and religious law”: Asifa Quraishi-Landes in the Religion News Service