The Sharīʿa on the Financing of Jihād

By Mehdi Berriah This is part three in a series of four posts on the financing of jihād during the Mamlūk period. In the cases presented in the sources discussed in the previous post, sultans and amīrs met, in general, with firm opposition on the part of several ʿulamāʾ to the imposition of additional taxes on … Continue reading The Sharīʿa on the Financing of Jihād

Episodes in which the ʿUlamāʾ, according to Islamic Law, were Opposed to the Tax

By Mehdi Berriah This is part two in a series of four posts on the financing of jihād during the Mamlūk period. First Episode The first episode took place in dhū-l-qaʿda 657/November 1259, after Quṭuz dismissed al-Manṣūr ʿAlī, the son of his former master, the first Mamlūk sultan al-Muʿizz Aybak (d. 655/1257), and proclaimed himself sultan. The … Continue reading Episodes in which the ʿUlamāʾ, according to Islamic Law, were Opposed to the Tax

Theology of Delegation and Its Impact on Islamic Legal Thought

For the month of August, we are featuring one, in-depth post by our guest editor,  Professor Hossein Modarressi, of Princeton University, and will resume our regular schedule of guest editor contributions in September with the start of the new academic year. By Hossein Modarressi* This paper aims to demonstrate how a religious worldview on the … Continue reading Theology of Delegation and Its Impact on Islamic Legal Thought

Portals to the Future: Translations of Powers of Attorney

By Nurfadzilah Yahaya Powers of attorney form the basis of the second chapter of my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020). The digital collection of these documents produced by the Arab communities in the Straits Settlements (mostly Singapore) in the Koh Seow Chuan Collection in the National … Continue reading Portals to the Future: Translations of Powers of Attorney

Islamic Law in the News Roundup

The Halal Guys filed suit against the Halal Girls, accusing the competing ḥalāl restaurant of trademark infringement. Four alleged white supremacists who are accused of anti-Muslim violence, among other charges, can face charges based on the Anti-Riot Act of 1968, a federal appeals court ruled. Iran's Expediency Council, tasked with settling disagreements between the parliament … Continue reading Islamic Law in the News Roundup

Translations of Three Tenth/Sixteenth Century Egyptian Ottoman Court Decisions

By Omar Farahat This is the first of two posts that discuss sixteenth-century Egyptian Ottoman court records. In this post, I offer translations of three decisions and briefly explain their context. In the second post, I will provide some reflections on the structure of those records and its implications. This post includes translations of three … Continue reading Translations of Three Tenth/Sixteenth Century Egyptian Ottoman Court Decisions

Alkamawa v. Bello and Another: Case Considers the Form and Status of Islamic Law in Northern Nigeria

By Terrence George 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. Background In the wake of Fulani Sheikh Usman Danfodio’s conquest of Hausaland in 1804, an Islamic legal system was established in what would become … Continue reading Alkamawa v. Bello and Another: Case Considers the Form and Status of Islamic Law in Northern Nigeria

Leveling the Field

By Omar Khaled Abdel-Ghaffar 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. Abstract Ibn Taymiyyah (d. 1328/728) was a prominent Ḥanbalī scholar of the Mamlūk period. His position on sharecropping (a contract where one party … Continue reading Leveling the Field

Reconciling through Interests

By Omar Khaled Abdel-Ghaffar 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. Abstract Ibn Qudāma (d. 620/1223) argues in his ​Mughnī​ for the validity of the ​muzāraʿa​ contract, a form of sharecropping contract. In this … Continue reading Reconciling through Interests

Shifting Tides in the Application of Islamic Law: Muslim Judges on Colonial Benches

This is part 5 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. Court Case: Muhammadan law and Construction of Instrument of Gift Source: Indian Law Reports: Allahabad Series, Volume III Case: Ghulam Ahmad Khan and another (Plaintiffs) v. Muhammad Faiz Ahmad Khan (Defendant), January 27, 1881 … Continue reading Shifting Tides in the Application of Islamic Law: Muslim Judges on Colonial Benches