Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS In response to the Supreme Court's overruling of Roe v. Wade, some Muslim American lawyers have argued that restrictive abortion laws infringe on Muslims' religious liberty, as many of the restrictive abortion laws in several states contravene Islam's understanding of abortion and its permissibility in certain contexts.  Relatedly, some Muslims … Continue reading Islamic Law in the News Roundup

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

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

Legal Incapacity and the Concept of Hajr Under Iranian Law: An Analysis of Civil Code in Relation to Mental Health

By Anicée Van Engeland The Islamic Republic of Iran is not spared from the increasing number of people suffering from Alzheimer’s. Yet, Shīʿī jurisprudence provides little insight into the status of such individuals under the law. Iranian civil law addresses the matter by declaring those suffering from severe Alzheimer’s as mentally incapable, prohibiting them from … Continue reading Legal Incapacity and the Concept of Hajr Under Iranian Law: An Analysis of Civil Code in Relation to Mental Health