Karnataka High Court’s Interpretation of Islamic Sources: Ḥijāb is Not “Part of Essential Religious Practice in Islam”

By Raha Rafii In the last few decades, courts in India have been increasingly settling matters of whether details of Muslim personal law, which include matters of marriage, divorce, and inheritance, continue to be applicable. During the British colonial period, the various religious communities in India had been governed by their own personal status laws,[1] … Continue reading Karnataka High Court’s Interpretation of Islamic Sources: Ḥijāb is Not “Part of Essential Religious Practice in Islam”

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS In her opinion piece in Rewire News Group, Aliza Kazmi, commenting on the recently leaked Supreme Court opinion that would overrule Roe v. Wade, wrote: "Islam supports an individual’s bodily autonomy, and we need to advocate for our community’s right to an abortion." Lawyers for the Malian Islamist rebel Al … Continue reading Islamic Law in the News Roundup

Karnataka High Court Order Upholds Ḥijāb Ban in Government Schools

By Raha Rafii On March 15, 2022, the Karnataka High Court[1] dismissed petitions against its Interim Order[2] upholding the Government Order[3] dated May 2, 2022 banning ḥijāb in government schools in the state of Karnataka, India. The Court dismissed a few petitions based on lack of sufficient evidence, while dismissing the arguments of the remaining … Continue reading Karnataka High Court Order Upholds Ḥijāb Ban in Government Schools

In Interim Order, Karnataka High Court Upholds Government Order Banning Hijab

By Raha Rafii In December 2021, a dispute broke out at Government Pre-University College for Girls in the state of Karnataka, India, where six students demanded to wear the headscarf/ḥijāb on school grounds.[1] This action set off several protests and counter-protests over subsequent months in multiple districts, including students wearing saffron shawls to assert religious … Continue reading In Interim Order, Karnataka High Court Upholds Government Order Banning Hijab

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Some pundits have argued that the recent presidential campaign in France, and the candidates' statements about Islam "that seek[] to protect laïcité and regulate Islam contradictorily entangle[] state and religion ever closer." "Al-Azhar Grand Imam Ahmed al-Tayyeb announced that congratulating Christians on holidays is not out of courtesy or formalities … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS An Islamic clerics board in India, in response to the Karnataka High Court that ruled that hijāb is not an essential part of Islamic law, stated that the court's interpretation was based on an erroneous interpretation of the Qur'ān. The board claimed: "In its impugned Judgment, the High Court of … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The hijāb controversy in India, occasioned by a university administration refusing to admit some Muslim students wearing the Islamic veil, has been ongoing, with a court case regarding the matter still pending before Indian courts.  The Karnataka government, the Indian state in which the controversy has taken place, has so … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Navigating Colonial Law in a 'Sea of Islands'" (Law & Social Inquiry Online (December 3, 2021)), Renisa Mawani (University of British Columbia) reviews Nurfadzilah Yahaya's Fluid Jurisdictions: Colonial Laws and Arabs in Southeast Asia (Cornell University Press, 2020). In "Rumi without Islam: the cultural appropriation of Rumi" (Bayt Al … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Petitioning the Sultan: Protests and Justice in Late Ottoman Sultan" (Bloomsbury 2021), Yuval Ben-Bassat (University of Haifa) discusses the institution of petitioning the Ottoman sultan, specifically Abdulhamid II, as a legal remedy in Ottoman Palestine. Abhishek Gupta (Indian Law Institute) discusses Indian Muslims' demand for interest-free Islamic banking in … Continue reading Weekend Scholarship Roundup

COVID-19 and Islamic Law Roundup

Amid increasing vaccine mandates implemented by employers in the United States, the Equal Employment Opportunity Commission cautioned employers that "[u]nless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices," including, according to the Commission, "organized religions, such as Buddhism, Christianity, … Continue reading COVID-19 and Islamic Law Roundup