International & Comparative Law eJournal: September 19

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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

Recent Scholarship: Islamic Inheritance Law

Last month, we featured a roundtable discussion on Tunisian president Beji Caid Essebsi’s proposal to amend inheritance laws. A new paper on SSRN offers some historical context for these debates: “Hope Springs Eternal: Reforming Inheritance Law in Islamic Societies” by Ahmed Souaiaia Soon after the Committee on Individual Rights and Equality submitted its report in … Continue reading Recent Scholarship: Islamic Inheritance Law

Roundtable :: Tunisian Inheritance Law Reform

Katarzyna Sidło (Center for Social and Economic Research) organized a PIL Forum Roundtable on the Tunisian president Beji Caid Essebsi's 2017 proposal to amend inheritance laws. She introduces the Roundtable by noting that, under the country’s current Personal Status Code – passed in 1956 – Tunisian citizens may not “allocate their inheritance freely and must … Continue reading Roundtable :: Tunisian Inheritance Law Reform

Thoughts on the Draft Tunisian Inheritance Reform Legislation

Mohammad Fadel (University of Toronto, Faculty of Law) takes a pragmatic approach that helps explain why Tunisian president Beji Caid Essebsi’s 2017 proposal to amend Tunisian inheritance laws has raised so much controversy: "While the new law, if implemented, may not make a substantial tangible difference in people’s lives – especially given the ease with … Continue reading Thoughts on the Draft Tunisian Inheritance Reform Legislation

Because They “Spend of Their Property” No More? An Economic Perspective on Inheritance Rights

Katarzyna Sidło's (CASE - Center for Social and Economic Research) analysis of the Tunisian president Beji Caid Essebsi's 2017 proposal to amend Tunisian inheritance laws examines the issue with an economic lens. The common argument defending the traditional rules and upholding this type of legal gender discrimination in Tunisia is an interpretation of a Qurʾānic … Continue reading Because They “Spend of Their Property” No More? An Economic Perspective on Inheritance Rights

In the News: Interfaith Marriages and Islamic Law in Tunisia

Last fall, Tunisia overturned a 1973 law that banned Muslim women from marrying non-Muslim men. (It is generally accepted by Islamic scholars that men are permitted to marry women of certain monotheistic faiths that predate Islam, such as Judaism and Christianity; however, the opposite scenario—Muslim women marrying non-Muslim men—is a source of contention.) Supporters of … Continue reading In the News: Interfaith Marriages and Islamic Law in Tunisia

In the News: Islamic Inheritance Laws

Earlier this month, Tunisia’s President announced in a speech: “I propose equality inheritance to become law.” Currently in Tunisia, men typically inherit double what women inherit. The proposed change has attracted criticism from conservative Muslim groups, who argue that inheritance should be based on the Qurʾān—even though, according to Tunisia’s 2014 Constitution, Islamic law has … Continue reading In the News: Islamic Inheritance Laws