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

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