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

Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued

This is part 3 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. Case 2: Non-Application of Islamic Law through “Justice, Equity and Good Conscience:” Inheritance of Minors Source: Indian Law Reports: Allahabad Series, Volume I Case: Hasan Ali and another (Plaintiff) v. Mehdi Husain and others … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience” Continued

Anglo-Muhammadan Law and “Justice, Equity and Good Conscience”

This is part 2 of a six-part series of posts that will examine Anglo-Muhammadan law in the courts of British India. As noted in the introductory blog post, the application of Anglo-Muhammadan law was varied and uneven. In addition to this being the result of a limited understanding of Islamic law on the part of … Continue reading Anglo-Muhammadan Law and “Justice, Equity and Good Conscience”

In the News: The Challenge of Navigating Sharīʿa Financing for Education

Testimonies from Muslim students studying in the United Kingdom note the challenge of navigating sharīʿa financing with banks that are not sharīʿa-compliant. Metro UK reporter Faima Bakar writes, “the limitations put on borrowing can stop students from pursuing university altogether. Those who still choose to study via halal means, such as borrowing money from their … Continue reading In the News: The Challenge of Navigating Sharīʿa Financing for Education

Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

"Property and Its Rule (in Late Indo-Islamicate and Early Colonial) South Asia: What’s in a Name?" by Faisal Chaudhry, University of Dayton - School of Law; University of Dayton, published in the Journal of the Economic and Social History of the Orient. This article sets out a framework for understanding two key issues in the history of … Continue reading Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

Iranian Plenary Assembly Reiteration Opinion No. 21

A Ra’y-e Esrārī (opinion issued when the lower court to which the case is remanded reiterates on the rejected decision) by the Civil Division of the Plenary Assembly of Iranian Supreme Court. According to this opinion, when the sale of pledged property by the pledgor contains a stipulation to the effect that the seller/pledgor has to pay all … Continue reading Iranian Plenary Assembly Reiteration Opinion No. 21

Islamic Law in US Courts: Aleem v. Aleem, 947 A.2d 489 (Md. Ct. App. 2008)

We use real cases to show how U.S. Courts consider Islamic law. Like any other legal framework, Islamic law defines and dignifies the institutions people hold dear, including marriage and finance. What do American judges do when adjudicating a case in which at least one party primarily understands these institutions and their protections through Islamic … Continue reading Islamic Law in US Courts: Aleem v. Aleem, 947 A.2d 489 (Md. Ct. App. 2008)

IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān

When it comes to new technology and Islamic law, it turns out that the principles of Western intellectual property law are quite similar to Islamic property and contract law, according to Turkey editor Gizem Orbey. On her analysis, the latter permits the same applications as the former. Major sources of Islamic law are mum as to protecting … Continue reading IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān