Weekend Scholarship Roundup

Sohaira Siddiqui explores how scholars grappled with questions of human reason and knowledge, challenging dominant ideas of Shari'a in "Law and Politics under the Abbasids: An Intellectual Portrait of al-Juwayni," Cambridge University Press. Siddiqui highlights the interconnections between al-Juwayni's discussions on theology, law and politics, and the socio-political intellectual landscapes that forged them. In "Consent … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

Anika Liversage and Jesper Petersen argue for the importance of local power structures in supporting Muslim women in terminating a nikāḥ in "Etniske minoritetskvinder og skilsmisse – med fokus på muslimske praksisser" (translated from Danish to English as "Ethnic minority women and divorce - with a focus on muslim practices"). The study was commissioned by the Danish … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

Eva Brems offers an analysis of the case law of the European Court of Human Rights at the intersection of women’s rights and religious freedom in "Hidden Under Headscarves? Women and Religion in the Case Law of the European Court of Human Rights," Islamic Law & Law of the Muslim World eJournal.  Moving beyond an … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

Monika Zalnieriute and Catherine Weiss analyze the United Nations Human Rights Committee’s (HRC) consideration of legal prohibitions on Islamic face-coverings in Yaker v. France and Hebbadj v. France in "Reconceptualizing Intersectionality in Judicial Interpretation: Moving Beyond Formalistic Accounts of Discrimination on Islamic Covering Prohibitions," Islamic Law & Law of the Muslim World eJournal, (originally published … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

Ashraf Booley argues that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world in "Progressive Realisation of Muslim Family Law: The Case of Tunisia," Islamic Law & Law of the Muslim World eJournal, (originally published in Potchefstroom Electronic Law Journal, Vol. 22, 2019). In the chapter "Islamist Turn in Turkey, … Continue reading Weekend Scholarship Roundup

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