Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

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"Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58" by Rabiat Akande. This article narrates the ways in which siyasa, understood as "discretionary powers of political rulers," facilitated the making of a British Colonial Islamic law. Here, Akande focuses on criminal law in order to highlight what set … Continue reading Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

Islamic Law & Law of the Muslim World eJournal: July 26th

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This week’s issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes: “The Recognition and Enforcement of Foreign Filiation Judgments in Arab Countries” by Béligh Elbalti This chapter from Filiation and the Protection of Parentless Children: Towards a Social Definition of the Family in Muslim Jurisdictions, edited by Nadjma Yassari, Lena-Maria Möller, … Continue reading Islamic Law & Law of the Muslim World eJournal: July 26th

Islamic Law & Law of the Muslim World eJournal: July 19th

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: “European Law and the Veil: Muslim Women from Victims to Emblems of the Enemy” by Susanna Mancini After highlighting the importance of gender difference in the construction of collective identities, this article identifies a shift in the ratio of European … Continue reading Islamic Law & Law of the Muslim World eJournal: July 19th

Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

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Summary and context: In 1924, Turkey abolished the Ottoman Caliphate through a statute numbered 431, or Law No. 431. The construction of the statute was somewhat ambiguous in that it stated that the Caliphate was abolished because that institution was inherent to the State and the Republic, thus almost justifying its abolishment as a separate … Continue reading Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

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Professor Kim Lane Scheppele has convincingly drawn attention to the fact that most legal scholarship on citations of foreign law by supreme or constitutional courts tends to focus on citations of “positive” models, that is, models to which the jurisdiction citing them aspires.[1]  Professor Scheppele pluralizes the universe of citations by adding the “aversive” category, … Continue reading Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

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In 1926, the young Turkish Republic abandoned its codified Islamic personal status law and replaced it with the secular Swiss Civil Code.[1] The new republican government, replacing its Ottoman predecessor, also adopted the Swiss Code of Obligations laying out the law of contracts.[2] Both of these legal transplants were part of a larger movement concerned … Continue reading Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

Recent Scholarship: Wellbeing of Transnational Muslim Families

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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

Islamic Law & Law of the Muslim World eJournal: July 3rd

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This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: “Muslim Nationality in Late Colonial India: From Law to Sacrifice” by Adeel Hussain By way of retracing the 1935 Shahidganj mosque dispute, this paper explores how Indian Muslims transformed their vision of community from one seeking moral legitimacy within colonial … Continue reading Islamic Law & Law of the Muslim World eJournal: July 3rd

Recent Scholarship: Islamic Inheritance Law

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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

Recent Scholarship: Smiley on the Ottoman Empire, Russia, and International Law

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Public Domain: Parkhet P.P. (1907 - 1986)

A new book by Will Smiley (Reed College), From Slaves to Prisoners of War: The Ottoman Empire, Russia, and International Law (Oxford University Press, Nov. 2018), examines the origins of the concept of the “prisoner of war” in the Ottoman Empire, telling the story of an alternate path to the rules of modern international law. … Continue reading Recent Scholarship: Smiley on the Ottoman Empire, Russia, and International Law