Islamic Law in the News Roundup

UPCOMING EVENTS & OPPORTUNITIES PIL & Harvard Calendar: Student work opportunity: Research assistant, Widener Library, Harvard University. Call for Papers: The 22nd Vagantes Conference on Medieval Studies, Harvard University, November 28, 2022. Global Calendar: Call for Papers: The 233rd Meeting of the American Oriental Society 2023, October 15, 2022. Conference: Materiality, Rituals and the Senses … Continue reading Islamic Law in the News Roundup

The Forms of Commentaries

By Felicitas Opwis As my previous posts illustrated, commentaries take different forms in length and scope. The commentator selects which topics and points found in the underlying matn he wants to elaborate, explain, and dispute. There is no linear or chronological development of constant growth and enlargement, but a seemingly random variation in breadth and … Continue reading The Forms of Commentaries

The Commentary as Platform for Debate, Change, and Authority Construction

By Felicitas Opwis As presented in the previous post, the discursive tradition of commentaries involves extensive intertextuality. This intertextuality is not only a dialogue between matn and sharḥ, but a discourse that engages previous commentaries on the same matn as well as the Shāfiʿī school’s intellectual output more generally. Sometimes, the arguments and positions referenced … Continue reading The Commentary as Platform for Debate, Change, and Authority Construction

The Content of Commentaries

By Felicitas Opwis In the previous post I mentioned the vibrant commentary tradition on Abū Shujāʿ’s compendium of Shāfiʿī law, which indicates that Muslim scholars deemed it necessary to comment on the past, making it relevant to their present and incorporating whatever changes have occurred or were deemed desirable. It also allows us to gain … Continue reading The Content of Commentaries

The Discursive Tradition of Commentaries (shurūḥ) – Lessons from Matn Abī Shujāʿ

By Felicitas Opwis The study of commentaries (shurūḥ) and glosses (ḥawāshī) has rightly received attention and appreciation in recent years. The scholarship of Asad, El Shamsy, Saleh, Wisnovsky as well as El-Rouayheb, Bauer, and Messick[1] are correcting the previously invoked image of intellectual stagnation and decline of the so-called post-classical period as advocated most forcefully … Continue reading The Discursive Tradition of Commentaries (shurūḥ) – Lessons from Matn Abī Shujāʿ

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In Islamic Law in Circulation: Shafi'i Texts across the Indian Ocean and the Mediterranean (Cambridge University Press, 2022), Mahmood Kooria (Universiteit Leiden and Ashoka University, India) "explores how certain texts shaped, transformed and influenced the juridical thoughts and lives of a significant community over a millennium in and between Asia, … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Judicial Crisis in Damascus on the Eve of Baybars’s Reform: The Case of the Minor Orphan Girl (651–55/1253–57)" (Islamic Law and Society (March 23, 2022)), Mariam Sheibani (The University of Toronto Scarborough) "reconstructs a late-Ayyubid court case in Damascus that was litigated repeatedly between 651/1253 and 655/1257, five years … Continue reading Weekend Scholarship Roundup

A Prayer-Based Civilizational Order: The Social Dimension of the Rules of Ritual Prayer

By Sohail Hanif Ritual prayer (ṣalāh) is a pillar of Islam. It functions as a pillar that upholds the daily routine and spiritual journey of a believer. However, the spiritual dimension of prayer is not a topic of investigation in works of Islamic law. There is, on the other hand, another overarching interest of Muslim … Continue reading A Prayer-Based Civilizational Order: The Social Dimension of the Rules of Ritual Prayer

Social Dependencies of Islamic Law: A View Through the Legal Commentary

By Sohail Hanif My research has centred on unpacking layers of argumentation in works of Islamic law, particularly legal commentaries. As one unpacks these layers, one comes to learn that what actually is ‘law’ is not always clear, and that it is within the arguments that one finds the principles and reasoning for the sake … Continue reading Social Dependencies of Islamic Law: A View Through the Legal Commentary

Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure

By Nahed Samour Bureaucratization demands regular activities and official duties. These duties are a central aspect of a bureaucratically governed structure. Regularity is important particularly in the application and adjudication of the law so as to minimize arbitrariness.[1] Regularity can create transparency, accessibility, and accountability, and thereby add to adjudicative authority within a bureaucratically established … Continue reading Adjudication as Official Duty: Regular Activities in a Bureaucratically Governed Structure