In "The Status of Restorative Justice in Pakistani Legal System: An Analysis of Pakistani Laws With Special Reference to Certain Case Studies," Islamic Law & Law of the Muslim World eJournal, Nagina Riaz and Sohail Amjad capture the traces of the Restorative Justice System found in the form of arbitration and mediation groups known as the … Continue reading Weekend Scholarship Roundup
In "The Mecelle, Sharia, and the Ottoman State: Fashioning and Refashioning of Islamic Law in the Nineteenth and Twentieth Centuries," Law and Legality in the Ottoman Empire and Republic of Turkey, Samy Ayoub explores how the creation of the Mecelle, the first Islamic Civil Law code, in 1876 was justified by its drafters. The author contextualizes her research … Continue reading Weekend Scholarship Roundup
The Zaydi Manuscript Tradition, a collaboration between the Institute for Advanced Study in Princeton, New Jersey, and the Hill Museum & Manuscript Library at Saint John’s University, is working to digitize a dynamic body of literature, theology, astronomy, legal sources, and other materials spanning a millennium. In "Borrowings, Influences, and Comparability: The Case of Islamic … Continue reading Weekend Scholarship Roundup
Through the writings of eminent classic and contemporary Islamic jurists, Ayesha Shahid explores the development of As-Siyar (Islamic international law) within the Islamic legal tradition in "An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions," International Law and Islam. The author attempts to address the existing gaps in the global history of the … Continue reading Weekend Scholarship Roundup
Maryam Saeed discusses the constraints in Islamic insurance (takāful) and its impact on the performance of takāful operators in "Challenges of Islamic Insurance (Takaful) Globally," COMSATS Journal of Islamic Finance, 2019. (This article was also featured in this week's issue of SSRN’s Islamic Law & Law of the Muslim World eJournal). In "Islamic Financial Intermediation of Indonesian Economic … Continue reading Weekend Scholarship Roundup
Hebrew University of Jerusalem scholars Morr Link and Yoram Haftel discuss the significance of domestic legal traditions, with a particular focus on states with Islamic law tradition, to international dispute settlement in "Islamic Legal Tradition and the Choice of Investment Arbitration Forums," The Review of International Political Economy, Forthcoming. Mahmoud Jaraba contributed a book chapter entitled “Private Dispute … Continue reading Weekend Scholarship Roundup
This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Multiplying Zeroes: (In)Validity of Promises in Marriage Contracts under Pakistani Case Law" by Muhammad Munir, International Islamic University, Islamabad - Department of Law. This article explains how the superior courts in Pakistan have interpreted stipulations in marriage contracts (Nikahnama) in selected cases mostly from 2009 … Continue reading Islamic Law & Law of the Muslim World eJournal: September 25
This week’s issue of SSRN’s Law & Society: International & Comparative Law eJournal includes: "Uncharismatic Revolutionary Constitutionalism" by Stephen Gardbaum. A reasonably familiar type of constitutionalist revolution is the one engineered and led by a charismatic hero and movement-party whose political legitimacy has been earned through long years of struggle and sacrifice on behalf of the people against the … Continue reading International & Comparative Law eJournal: September 19
This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "The Ban and the Borderlands Within: The Travel Ban As a Domestic War on Terror Tool" by Khaled Beydoun. This article seeks to address this scholarly and discursive void, and at minimum, commence scholarly investigation into the Travel Ban’s impact beyond the border. It examines … Continue reading Islamic Law & Law of the Muslim World eJournal: September 18
"Introduction to the English Translation of the Muwatta' of Imam Malik b. Anas, Recension of Yahya b. Yahya al-Laythi (Royal Moroccan Edition, 2013)," Mālik b. Anas, al-Muwaṭṭaʾ -- Recension of Yaḥyā b. Yaḥyā al-Laythī (d. 234/848), edited and translated by Mohammad Fadel, University of Toronto Faculty of Law, and Connell Monette, American Academy Casablanca. The Muwatta' of Malik b. Anas … Continue reading Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas
