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

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)