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))

REVIEW: Privacy in Islamic Legal History (A Review of Christian Lange, “Privacy in Islamic Law” (2009))

Utrecht University's Chair of Arabic and Islamic Studies Christian Lange takes a historical view on the question of privacy in Islamic law. On his review of the medieval discussions of privacy, he notes that they arise mainly in the domain of the private sphere of the family and sometimes have trickle-down effects into the criminal law arena. "Norms, … Continue reading REVIEW: Privacy in Islamic Legal History (A Review of Christian Lange, “Privacy in Islamic Law” (2009))

Privacy in Islamic Law in the Modern State

Guest contributors Vidusha Mardi and Bhaira Acharya examine issues of privacy and the state in Islamic law with the baseline argument that privacy is the default rule in Islamic law and that the public sphere, into which the state may intrude, is the exception to this rule. As they put it, Islamic law recognizes that "every society [must] impose certain requirements … Continue reading Privacy in Islamic Law in the Modern State