Weekend Scholarship Roundup

In "Are the Limitations on Remedies Fair? A Comparative Study between the US Law and Islamic Law" (SSRN, May 18, 2021), Fahad Aldossary (Southern Methodist University - Dedman School of Law) discusses how US and Islamic laws situate and understand the legal concepts of "foreseeability, causation, mitigation, and certainty." In "Mapping The Common Law Concept … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

Ahmadullah, a prominent Muslim cleric from Bangladesh, issued a fatwā stating that using the laughing emoji to mock people is forbidden under Islamic law. Muslim women in Kenya have lobbied the government to ensure that a woman is appointed to the top Kadhi court adjudicating Islamic law matters. A new Pew Research study found that … Continue reading Islamic Law in the News Roundup

Islam and Data Science Roundup

A recent Pew Research Center study found that "[a]bout eight-in-ten Americans say there is a lot or some discrimination in their society, and two-thirds or more in the UK, Germany and France agree." In "Christians, Muslims and Traditional Worshippers in Nigeria: Estimating the Relative Proportions from Eleven Nationally Representative Social Surveys" (Review of Religious Research, … Continue reading Islam and Data Science Roundup

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

In the News: Interfaith Marriages and Islamic Law in Tunisia

Last fall, Tunisia overturned a 1973 law that banned Muslim women from marrying non-Muslim men. (It is generally accepted by Islamic scholars that men are permitted to marry women of certain monotheistic faiths that predate Islam, such as Judaism and Christianity; however, the opposite scenario—Muslim women marrying non-Muslim men—is a source of contention.) Supporters of … Continue reading In the News: Interfaith Marriages and Islamic Law in Tunisia

Historical Primary Sources: A Petition to the Ottoman Sultan from Egypt, 1155 AH (1742-3)

In this post, Dr. James Baldwin examines a petition sent to the Ottoman Sultan from Egypt in 1155 AH (1742-3), concerning a dispute between a Muslim and a Christian in the town of Zifta. The Muslim petitioner attempts to enforce the regulation of the Pact of 'Umar that forbids non-Muslims from having houses taller than … Continue reading Historical Primary Sources: A Petition to the Ottoman Sultan from Egypt, 1155 AH (1742-3)

Commentary :: Guardian Council and the Ultimate Power

By Marzieh Tofighi Darian This post analyzes the self-proclaimed power of Iran’s Guardian Council to strike down previously approved laws due to claims of inconsistency with sharīʿa. In order to contextualize this problem, I analyze a recent opinion of the Guardian Council that nullified the results of recent elections, on grounds that a law legalizing membership … Continue reading Commentary :: Guardian Council and the Ultimate Power

CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils

South Asia editor Jeff Redding compares the British sharīʿa courts debate to similar debates going on in India. He examines the semantic approach of the current debate, and questions whether this approach fully encompasses the issue. Controversies over non-state Islamic dispute resolution have flared around the globe in the last several years, in sites as diverse as Canada, India, and … Continue reading A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils

Commentary :: The Limits of State Religion in the Moroccan ‘Baha’i Affair’

Amidst the tensions raised by Islamic constitutional states as they deal with non-Muslim minorities, worth considering is how Muslim-majority states have resolved the issue in the past. Morocco editor Ari Schriber considers the political ramifications of Islamic laws governing religious minorities in an episode that faced Morocco as it gained independence: Morocco's 1962 Baha'i Affair. Morocco's then-recent independence heralded a … Continue reading Commentary :: The Limits of State Religion in the Moroccan ‘Baha’i Affair’