Islamic Law in the News Roundup

  Damilola S. Olawuyi, Associate Professor at the College of Law  at Hamad Bin Khalifa University,  explores Islamic alternative dispute resolution methods: can they provide an alternative legal framework for resolving non-commercial disputes such as those that arise in family disputes, property, and inheritance? Friday, a Court  in Abuja, Nigeria dissolved a 32-year-old marriage on … Continue reading Islamic Law in the News Roundup

Islamic Law and COVID-19 Roundup

Saudi Arabia's Ministry of Hajj and Umrah declares that the country will imposes strict limits on this year’s hajj, only allowing Saudi pilgrims and those from other countries already inside the kingdom. The Chief Imam of Lagos, Nigeria,Sheikh Sulaimon Oluwatoyin Abou-Nolla, urged mosques in the state to remain closed, noting that safety of lives is paramount in Islam. … Continue reading Islamic Law and COVID-19 Roundup

Interpreting Sharī’a in Amina Lawal v. State

By Limeng Sun This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Case Summary: This blog post examines Amina Lawal v. State, a criminal case adjudicated by the Sharī‘a Court of Appeal of Katsina State, Nigeria.[1] … Continue reading Interpreting Sharī’a in Amina Lawal v. State

Weekend Scholarship Roundup

In "Apostasy and Freedom of Religion in Malaysia," Islamic Law & Law of the Muslim World eJournal, Joshua Neoh argues that the constitutional space for the freedom of religion in Malaysia is best carved out by drawing on constitutional law, international law and the common law. Heidi Gilchrist explores laws that criminalize dress in Europe … Continue reading Weekend Scholarship Roundup

The Making of a Colonial Islamic Law in Northern Nigeria

[This post is a sequel to part 1, addressing secularism and Nigeria's colonial legacy] Situated within a broader research project aimed at disentangling the complex struggles over religion-state relations in colonial Northern Nigeria, my article, “Secularizing Islam: The Colonial Encounter and the Making of a British Colonial Islamic Criminal Law in Northern Nigeria, 1903-58” tells … Continue reading The Making of a Colonial Islamic Law in Northern Nigeria

Secularism and Nigeria’s Colonial Legacy

By Rabiat Akande The secularism debate remains the most vexed issue in Nigeria’s constitutional discourse. This debate centers on the question: Is Nigeria a ‘secular’ state? The first position in the debate, the ‘secularist’ position, answers the question in the positive. “Yes,” this position affirms, Nigeria is a ‘secular’ state. In the view of the … Continue reading Secularism and Nigeria’s Colonial Legacy

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

Recent Scholarship: Ostien on Nigeria’s Sharīʿa Courts

Philip Ostien is the editor of The Nigeria Papers, one of the Special Collections on SHARIAsource. The Nigeria Papers is a comprehensive collection of documentary materials and scholarly analysis on the programs of “sharīʿa implementation” (the application of Islamic law) undertaken by 12 northern Nigerian states beginning in 1999 and continuing today. A new paper … Continue reading Recent Scholarship: Ostien on Nigeria’s Sharīʿa Courts

Abou El Fadl on Sexual Violence in Islamic Law

SHARIAsource Senior Scholar Khaled Abou El Fadl recently gave a lecture (available on YouTube here) regarding the prohibition of torture in Islam, which he explained is not derived from modern international law, but rather from the Qurʾān and ḥadīth. In particular, Abou El Fadl pushed back against the misconception that, under Islamic criminal law, victims … Continue reading Abou El Fadl on Sexual Violence in Islamic Law