Many thanks to Mohammad Fadel for joining us this past month as a guest blog editor and for his thoughtful and thought-provoking posts. In case you missed any of them, here is a compilation of his posts: Is Islamic Purposivism (maqāṣid al-sharīʿa) a Thinly-Disguised Form of Utilitarianism? Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. … Continue reading Thank you, Mohammad Fadel!
Islamic Law & Law of the Muslim World eJournal: September 25
This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Multiplying Zeroes: (In)Validity of Promises in Marriage Contracts under Pakistani Case Law" by Muhammad Munir, International Islamic University, Islamabad - Department of Law. This article explains how the superior courts in Pakistan have interpreted stipulations in marriage contracts (Nikahnama) in selected cases mostly from 2009 … Continue reading Islamic Law & Law of the Muslim World eJournal: September 25
Abd al-Razzāq al-Sanhūrī’s Conception of Modern Islamic International Law versus the Practice of Muslim States
ʿAbd al-Razzāq al-Sanhūrī (1895-1971), Egypt’s most celebrated jurist of the 20thcentury, is most famous for his efforts to create a modern Arab legal system that reflected the fundamental principles of Islamic law while also incorporating the most important developments of modern legal science. The Egyptian Civil Code, for which he was the principal drafter, was … Continue reading Abd al-Razzāq al-Sanhūrī’s Conception of Modern Islamic International Law versus the Practice of Muslim States
International & Comparative Law eJournal: September 19
This week’s issue of SSRN’s Law & Society: International & Comparative Law eJournal includes: "Uncharismatic Revolutionary Constitutionalism" by Stephen Gardbaum. A reasonably familiar type of constitutionalist revolution is the one engineered and led by a charismatic hero and movement-party whose political legitimacy has been earned through long years of struggle and sacrifice on behalf of the people against the … Continue reading International & Comparative Law eJournal: September 19
Islamic Law & Law of the Muslim World eJournal: September 18
This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "The Ban and the Borderlands Within: The Travel Ban As a Domestic War on Terror Tool" by Khaled Beydoun. This article seeks to address this scholarly and discursive void, and at minimum, commence scholarly investigation into the Travel Ban’s impact beyond the border. It examines … Continue reading Islamic Law & Law of the Muslim World eJournal: September 18
Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas
"Introduction to the English Translation of the Muwatta' of Imam Malik b. Anas, Recension of Yahya b. Yahya al-Laythi (Royal Moroccan Edition, 2013)," Mālik b. Anas, al-Muwaṭṭaʾ -- Recension of Yaḥyā b. Yaḥyā al-Laythī (d. 234/848), edited and translated by Mohammad Fadel, University of Toronto Faculty of Law, and Connell Monette, American Academy Casablanca. The Muwatta' of Malik b. Anas … Continue reading Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas
Molla Sali v. Greece and Undermining the Autonomy of Greece’s Muslims in Thrace: Equality versus Community
The European Court of Human Rights (“ECtHR”) in its recent Molla Sali v. Greece decision (Dec. 19, 2018) radically undermined the right of Greece’s Thrace Muslim community to preserve its legal autonomy within the structure of the Greek state and the broader European Union. First, the background: Greece’s Muslim population, which resided historically in the … Continue reading Molla Sali v. Greece and Undermining the Autonomy of Greece’s Muslims in Thrace: Equality versus Community
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
Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems
"Property and Its Rule (in Late Indo-Islamicate and Early Colonial) South Asia: What’s in a Name?" by Faisal Chaudhry, University of Dayton - School of Law; University of Dayton, published in the Journal of the Economic and Social History of the Orient. This article sets out a framework for understanding two key issues in the history of … Continue reading Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems
Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas
The years I spent working on the forthcoming translation of the Muwaṭṭaʾ overlapped in part with the rise of the Islamic State in Iraq and Syria (“ISIS”), and its claim to a caliphate. Among other outrages, ISIS introduced certain forms of slavery to the territory under its control, most prominently, concubinage. This decision was ostensibly … Continue reading Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas