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

Weekend Scholarship Roundup

In "Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the US Mass Incarceration?" (SSRN,  June 23, 2021),  Amin R. Yacoub (University of Virginia School of Law) and Becky Briggs (University of San Diego) discuss the phenomenon of mass incarceration in the United States and how Islamic law principles of criminal … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "The Application of Maqasid Al-Shari’ah in the Foreign Policy of Islamic States" (International Journal of Academic Research in Business and Social Sciences, 2021), Usman Safiyanu Duguri and others discuss the relevance of the objectives of Islamic law (maqāsid al-sharī'a) to how Muslim-majority nations formulate their foreign policies, with an added observation that maqāsid al-sharī'a … Continue reading Weekend Scholarship Roundup

Waqf and the Modern State, Capitalism, and the Private Property Regime

By Nada Moumtaz In the numerous small foundations that form the bulk of waqfs in Beirut in the nineteenth century, waqf, I suggested in my previous post, was the material foundation and an important means to live as a good Muslim — to get close to God, to care for one’s family as charity. Besides … Continue reading Waqf and the Modern State, Capitalism, and the Private Property Regime

Weekend Scholarship Roundup

In "Islamic Ethics of the Conduct of War" (SSRN, April 8, 2021) (forthcoming in The Handbook of Islamic Ethics), Fajri Muhammadin (Universitas Gadjah Mada) discusses seven overarching principles of Islamic law that guide the interpretation and application of Islamic law of armed conflict.

Islamic Legal Canons as Memes

By Intisar Rabb 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 a short post, also by Intisar Rabb: “Methods and Meaning in Islamic Law: Introduction." Introduction* We’ve all … Continue reading Islamic Legal Canons as Memes

Weekend Scholarship Roundup

In "Civil Law Principles in Fiqh of Islamic Law" (Tematics Journal of Law 14, no. 12 (December 2020)), Ayub Mukhammadiev (The Military-Technical Institute of the National Guard of the Republic of Uzbekistan) provides a brief overview of some general principles of Islamic law. In "Re-Assessing the Evidentiary Threshold for Zinā’ in Islamic Criminal Law: A … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "Innovation, Influence, and Borrowing in Mamluk-Era Legal Maxim Collections: The Case of Ibn ʿAbd al-Salām and al-Qarāfī" (Journal of the American Oriental Society 140, no. 4 (October-December 2020)), Mariam Sheibani (University of Toronto Scarborough; Lead Blog Editor) shows that the renowned Mālikī jurist al-Qarāfī's contribution to Islamic legal thought was, in part, based on … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

Details of France’s proposed bill to counter what President Macron called “Islamic separatism” began to emerge: the bill seeks to criminalize disclosing data about a person’s location to those who might do harm, to provide for summary trials for perpetrators of online hate crimes, to empower judges to prevent individuals with a certain criminal history … Continue reading Islamic Law in the News Roundup

REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))

Guest contributor Haider Hamoudi reviews Professor Intisar Rabb's, SHARIAsource founding editor-in-chief, new article in the Suffolk Law Review entitled Against Kadijustiz: On the Negative Citation of Foreign Law. Rabb focuses on how American courts have utilized inaccurate portrayals of "qāḍī justice" as antitheses to American court procedures. Hamoudi notes that this point is all the more important when one … Continue reading REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))