In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate

Islamic law has official jurisdiction of operation in Egypt, where personal status laws regulate matters such as marriage, divorce, and child custody. Like many such countries, Egypt is trying to reform its divorce law. One of its approaches has been to address the financial ramifications of divorce; Egyptian authorities took steps last month to address the country’s climbing divorce rate. … Continue reading In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate

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

Recent Developments in Muslim Marriages and Civil Laws

Last summer, the Guardian reported on a legal proceeding in the United Kingdom that explored the extent to which UK law recognizes a marriage conducted according to Islamic law, yet unaccompanied by a civil law marriage. As described in the article, the husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. … Continue reading Recent Developments in Muslim Marriages and Civil Laws

In the News: Maldives

Last week, the Maldivian parliament received an emergency motion against the appointment of two female judges to the Supreme Court. As further elaborated in SHARIAsource’s Country Profile, the Maldives’ Constitution designates Islamic law is the principal source of legislation. The motion was proposed on the basis that the appointments would contradict Islamic principles and law. … Continue reading In the News: Maldives

Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

By Waheeda Amien On August 31, 2018, the Western Cape High Court in South Africa handed down a groundbreaking judgment in the case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others.[1] In this case, a full bench of three High Court judges ordered the South African government to … Continue reading Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

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

Photograph of Indian flag flowing in the wind

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

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

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

LSN Law & Religion eJournal: July 31

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

This week’s issue of SSRN’s LSN Law & Religion eJournal includes: "Veiled Muslim Women: Challenging Patriarchy in the Legal System" by Zainab Ramahi This essay is an attempt to abandon the white male gaze of the Canadian legal system and investigate what legal projections of veiled Muslim women might reveal about the operation of patriarchy in the western legal … Continue reading LSN Law & Religion eJournal: July 31

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