By Anicée Van Engeland The aim of this blog entry is to clarify how compassionate leaves are granted in the Islamic Republic of Iran. A neglected but crucial issue is … Continue reading Furlough under Iranian Law: A Privilege, Not a Right
Legal Incapacity and the Concept of Hajr Under Iranian Law: An Analysis of Civil Code in Relation to Mental Health
By Anicée Van Engeland The Islamic Republic of Iran is not spared from the increasing number of people suffering from Alzheimer’s. Yet, Shīʿī jurisprudence provides little insight into the status … Continue reading Legal Incapacity and the Concept of Hajr Under Iranian Law: An Analysis of Civil Code in Relation to Mental Health
Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East
By Cem Tecimer Source: Noah Feldman, Law, Islam, and the Future of the Middle East 84 U. Det. Mercy L. Rev. 617-635 (2006-2007) Summary: In his invited lecture at the … Continue reading Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East
Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa
By Cem Tecimer Citation: Noah Feldman, The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics 58(1) Okla. L. Rev. 1-9 (2005) Summary: ‘Ali Sistani, who was born … Continue reading Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa
The Irony of Sharī’a Bans: Part III
By Haider Ala Hamoudi In my two previous posts on the matter of mahr in U.S. courts, I made the point that the enforceability of the mahr, or the nuptial … Continue reading The Irony of Sharī’a Bans: Part III
Islamic Law Lexicon :: Madhhab
By Alicia Daniel Sources: Sherman A. Jackson, Kramer versus Kramer in a Tenth/Sixteenth Century Egyptian Court: Post-Formative Jurisprudence between Exigency and Law, Islamic Law and Society 8, no. 1 (2001): … Continue reading Islamic Law Lexicon :: Madhhab
REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))
Guest contributor Haider Hamoudi reviews Professor Intisar Rabb's, SHARIAsource founding editor-in-chief, new article in the Suffolk Law Review entitled Against Kadijustiz: On the Negative Citation of Foreign Law. Rabb focuses on how American courts … Continue reading REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))
Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums
By Mohammad Sagha The issue this paper seeks to address is how Ayatollāh Sayyīd Rūhullāh Khumaynī (d. 1386 sh./1989) conceptualized the collection of khums under the theory of the “Guardianship … Continue reading Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums
Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists
By Mohammad Sagha This post examines how two Ṣafavid-era jurists, Ḥussayn b. ʽAbd al-Ṣamad al-ʽĀmilī (d. 985/1577-8),[1] and Muḥammad Bāqir Majlisī (d. 1111/1698) conceptualized the authority to collect and spend … Continue reading Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists
Judicial Authority and Roots of Twelver Shīʽī Tax Theory
By Mohammad Sagha The main question this study addresses is: how can the delegation of authority within the Shīʽī* community after the Minor Occultation of the Twelfth Imām in 260/874 … Continue reading Judicial Authority and Roots of Twelver Shīʽī Tax Theory