By Waheeda Amien On August 31, 2018, the Western Cape High Court in South Africa handed down a groundbreaking judgment in the case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others.[1] In this case, a full bench of three High Court judges ordered the South African government to … Continue reading Commentary :: Recognition and Regulation of Muslim Marriages in South Africa
India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women
This regional regulation prohibits places of entertainment, restaurants, kiosks (warung, rombong), and the like, from opening during the month of Ramadan. It similarly prohibits eating, drinking and/or smoking in restaurants, kiosks, and the like, from sunrise to sundown. Exceptions to the rule are: Restaurants opening from 5 pm preparing to serve patrons breaking the fast; Markets … Continue reading Contemporary Primary Sources: Banjarmasin (Indonesia) Municipal Regulation No. 13 of 2003 on Prohibited Activities During Ramadan
The constitutions of many Muslim-majority countries contain clauses that declare sharīʿa a source of legislation. These “sharīʿa clauses” may name sharīʿa as “a chief source,” “the chief source,” or “the only source,” among others, of national laws. Though the phrasing of these clauses seems quite similar, some scholars and government officials have ascribed importance to … Continue reading Scholarship in “Plain English”: Clark Lombardi on Sharīʿa as a Source of Legislation
