Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

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India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Islamic Law & Law of the Muslim World eJournal: August 7

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Muslims and Sacred Texts and Laws" by Ihsan Yilmaz Like secular law, Islamic law also deals with matters of social, political, and economic interaction. This includes marriage, divorce, inheritance, criminal offenses, contracts, commercial transactions, constitutional law, and international law; basically, paralleling the secular law … Continue reading Islamic Law & Law of the Muslim World eJournal: August 7

Recent Scholarship: Wellbeing of Transnational Muslim Families

Routledge has published a new book on the Wellbeing of Transnational Muslim Families: Marriage, Law and Gender (June 2019). The book, edited by Marja Tiilikainen, Mulki Al-Sharmani, and Sanna Mustasaari, contributes to conversations about migration and social policy in Europe, particularly the Nordic region. From the publisher: This book examines the needs, aspirations, strategies, and … Continue reading Recent Scholarship: Wellbeing of Transnational Muslim Families

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

In the News: Sri Lanka’s Emergency Law

A ban on face coverings in Sri Lanka following the Easter Sunday attacks has once again highlighted the issue of restrictions on religious freedoms in response to public safety concerns. According to the ban: No person shall wear in any public place any garment, clothing or such other material concealing the full face which will … Continue reading In the News: Sri Lanka’s Emergency 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

Recent Scholarship: Burkinis and Islamophobia; LGBT Rights at the OIC

  The latest issue of the Journal of Law and Society includes an article about the relationship between colonialism and modern-day French laws against Muslim women's dress: "Of Bodies and Burkinis: Institutional Islamophobia, Islamic Dress, and the Colonial Condition" by Brayson Kimberley Excerpt: "Shifting legal justifications of gender oppression and national security simultaneously obfuscate and … Continue reading Recent Scholarship: Burkinis and Islamophobia; LGBT Rights at the OIC

In the News: “Politicization” of Islamic Law in Europe

Last week, the UK’s Telegraph newspaper published an interview (free registration may be required to read the full article) with Seyran Ates, who in 2017 established a mosque in Germany where men and women pray side by side, and women can lead the prayers. The interview focused on Islamic identity in Europe, and specifically Ates’ … Continue reading In the News: “Politicization” of Islamic Law in Europe