::Roundtable:: History of Islamic International Law: “Ottoman Empire and Eurocentric Law of Nations” by Cemil Aydin

Summarized by Cem Tecimer This post is part of the Roundtable on the History of Islamic International Law.  It is a summary of Cemil Aydin's contribution titled "Ottoman Empire and Eurocentric Law of Nations" to volume eight of the Cambridge History of International Law series, co-edited by Intisar Rabb and Umut Özsu. Cemil Aydin’s chapter … Continue reading ::Roundtable:: History of Islamic International Law: “Ottoman Empire and Eurocentric Law of Nations” by Cemil Aydin

Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East

By Cem Tecimer Source: Noah Feldman, Law, Islam, and the Future of the Middle East 84 U. Det. Mercy L. Rev. 617-635 (2006-2007) Summary: In his invited lecture at the University of Detroit-Mercy School of Law (The Mcelroy Lecture), Noah Feldman engages the idea of separation of powers in Islamic law and its contemporaneous manifestations. … Continue reading Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East

Scholarship in “Plain English”: Noah Feldman on Imposed Constitutions and Established Religion

By Cem Tecimer Citation: Noah Feldman, Imposed Constitutions and Established Religion 4(3) The Rev. Faith & Int’l Aff. 3-12 (2006) [Abridged version of Imposed Constitutionalism 37 Conn. L. Rev. 857-889 (2005)] Summary: In this article, Feldman engages with the notion of separation of powers in Islam. Feldman argues that, while not a religious necessity as … Continue reading Scholarship in “Plain English”: Noah Feldman on Imposed Constitutions and Established Religion

Scholarship in “Plain English”: Noah Feldman on Islamic Constitutionalism in Context: A Typology and a Warning

By Cem Tecimer Source: Noah Feldman, Islamic Constitutionalism in Context: A Typology and a Warning 7 U. St. Thomas L. J. 436-451 (2010) Summary: Feldman begins his article by explaining what has prompted him to write the article in the first place: a symposium, in which he participated, entitled “Islamic Law and Constitutional Liberty.” Closely … Continue reading Scholarship in “Plain English”: Noah Feldman on Islamic Constitutionalism in Context: A Typology and a Warning

Scholarship in “Plain English”: Noah Feldman on Imposed Constitutionalism

By Cem Tecimer Citation: Noah Feldman, Imposed Constitutionalism 37 Conn. L. Rev. 857-889 (2005) Summary: Written in response to his involvement in Iraq’s restructuring [though carefully mentioning that he had no direct involvement in the writing of the Iraqi constitutional draft, but was an adviser in the Transitional Administrative Law (TAL) process, see p. 858] … Continue reading Scholarship in “Plain English”: Noah Feldman on Imposed Constitutionalism

Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa

By Cem Tecimer Citation: Noah Feldman, The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics 58(1) Okla. L. Rev. 1-9 (2005) Summary: ‘Ali Sistani, who was born in Iran but spent most of his life in neighboring Iraq, became a central figure after the overthrow of Saddam Hussein. This was, in part, … Continue reading Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa

Scholarship in “Plain English”: Joseph Lowry on the Legal Hermeneutics of al-Shāfi‘ī and Ibn Qutayba

By Cem Tecimer Abstract: Joseph Lowry on the Legal Hermeneutics of Two Early Islamic Scholars: In this article, Lowry responds to Calder’s assertion that Shāfi‘ī’s Risāla was written around the ninth century, juxtaposing its use of language to that of Ibn Qutayba’s Ta’wīl. Lowry, in refuting Calder’s claim, shows how the two texts have much … Continue reading Scholarship in “Plain English”: Joseph Lowry on the Legal Hermeneutics of al-Shāfi‘ī and Ibn Qutayba

Scholarship in “Plain English”: Joseph Lowry on Law and Commandment in Sūrat al-An‘ām

By Cem Tecimer Abstract: Joseph Lowry on Islamic Legal Minimalism: Lowry, in line with his other work focusing on how the Qur’ān does not read as a detailed legislative text, draws attention to the fact that the Qur’ān does not often purport to normatively interfere in human affairs. Lowry conceptualizes this phenomenon as legal minimalism … Continue reading Scholarship in “Plain English”: Joseph Lowry on Law and Commandment in Sūrat al-An‘ām

Scholarship in “Plain English”: Joseph Lowry on the First Islamic Legal Theory

By Cem Tecimer Abstract: Joseph Lowry argues that, much like other legal systems, Islamic legal systems, since their formative periods, grappled with the question of how to reconcile competing jurisprudential arguments and a commitment to orderly jurisprudence. Lowry situates Ibn al-Muqaffa‘’s works in this context, arguing that he was among the earlier jurists with a … Continue reading Scholarship in “Plain English”: Joseph Lowry on the First Islamic Legal Theory

Scholarship in “Plain English”: Joseph Lowry on the Prophet as Lawgiver and Legal Authority

By Cem Tecimer Abstract: Joseph Lowry elaborates on the prophetic authority of Muhammad as a lawgiver. While the Qur’ān remains the undisputed ultimate source for Muslims, Lowry draws attention to the Prophet’s exemplary behavior and especially his sayings, which have gained significant prominence in legal argumentation in Islam. As a consequence, the formal study of … Continue reading Scholarship in “Plain English”: Joseph Lowry on the Prophet as Lawgiver and Legal Authority