Sharīʿa, Custom, and Modern Legal Reform

By Ayman Shabana In the Islamic juristic tradition, the relationship between sharīʿa and custom raised important methodological questions, ranging from: the nature and number of sources, formulation of rulings, guidelines for the understanding and interpretation of the scriptural texts, and implementation and application of legal rules particularly in novel cases requiring independent reasoning. In general, … Continue reading Sharīʿa, Custom, and Modern Legal Reform

An Autocommentary

By Mahmood Kooria By the sixteenth century the Muslim communities on the Indian Ocean littoral were participating intensively in Islamic intellectual networks, producing many jurists and composing many texts. They made lengthy journeys to religious educational centers such as Mecca, and this had a significant impact on the production of a huge corpus of literature … Continue reading An Autocommentary

Late Ottoman Beiruti Waqfs: Closeness to God (Qurba) and Charity for the Family

By Nada Moumtaz In my book, God’s Property: Islam, Charity, and the Modern State, I seek to explain the contours of the contemporary waqf revival in Beirut against a longue durée of waqf reform since the mid-nineteenth century, starting with the Ottoman foundation of a Waqf Ministry in 1826 through French Mandatory (1920-1943) and postcolonial … Continue reading Late Ottoman Beiruti Waqfs: Closeness to God (Qurba) and Charity for the Family

Calling All Waqf Haters

By Nada Moumtaz Waqf (Islamic endowment), and its study, cannot leave a scholar of Islam unmoved, it would seem. For those not working on waqf, its complex legal technicalities instigate dread and “boredom of the heart.” Its accounting documents and the economic history they tell evoke the dryness of “counting beans,” as a colleague once … Continue reading Calling All Waqf Haters

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

Recent Scholarship: Akhter v. Khan

In August, the SHARIAsourceBlog featured a roundtable discussion on the Akhter v. Khan case, concerning the legal status of Islamic marriages and divorces under UK law. The London School of Economics' "Religion and Global Society" blog also posted a commentary on the case, written by Alistair Jones, which questioned the role of the government in … Continue reading Recent Scholarship: Akhter v. Khan

FEATURE :: Roundtable on Islamic Family Law in the UK: Akhter v. Khan (July 2018)

Six scholars and practitioners of Islamic family law and related subjects weigh in on the recent high-profile case of Islamic divorce in the UK, Akhter v. Khan issued by the High Court of Justice of England and Wales.  At the tail end of last month, a UK court decided a case of family law that has reverberated … Continue reading FEATURE :: Roundtable on Islamic Family Law in the UK: Akhter v. Khan (July 2018)

Roundtable on Islamic Family Law in the UK :: Engaging with the Terms of the Marriage Act of 1949

Rebecca Probert comments on the High Court of Justice of England and Wales’ recent decision on the Akhter v. Khan case. The case is one example of the ongoing examination of the legal status of Islamic marriages and divorces under UK law. The key problem with the decision in Akhter v Khan and the Attorney General – as … Continue reading Roundtable on Islamic Family Law in the UK :: Engaging with the Terms of the Marriage Act of 1949

Roundtable on Islamic Family Law in the UK :: The Need for an Efficient Mechanism to Marry (Akhter v. Khan, July 2018)

Vishal Vora comments on the High Court of Justice of England and Wales’ recent decision on the Akhter v. Khan case. The case is one example of the ongoing examination of the legal status of Islamic marriages and divorces under UK law. Dr. Vora takes a closer look at Islamic family law in the UK in The … Continue reading Roundtable on Islamic Family Law in the UK :: The Need for an Efficient Mechanism to Marry (Akhter v. Khan, July 2018)

Roundtable on Islamic Family Law in the UK :: The Move Toward Cohabitation: Islamic Marriage in England and Wales

Hadeer Soliman and Vishal Vora analyze the ongoing examination of the legal status of Islamic marriages and divorces under UK law using Al-Saedy v. Musawi (2010), Dukali v. Lamrani (2012), MA v. JA (2012), and the July 2018 decision of Akhter v. Khan (2018). This piece was originally published on the SHARIAsource Portal. Introduction State level discussions, suggested legislation, and case law surrounding Islamic … Continue reading Roundtable on Islamic Family Law in the UK :: The Move Toward Cohabitation: Islamic Marriage in England and Wales