Weekend Scholarship Roundup

In "Sharī‘ah-Compliant Equities and Sharī‘ah Screening: Need for Convergence of Ethical Screening of Stocks with Sharī‘ah Screening"  (International Journal of Emerging Markets, forthcoming) Tauhidul Islam Tanin (Monash University) and Faruq Ahmad (Islamic Economics Institute) argue that Islamic finance must incorporate a method whereby "the ethical screening of stocks" is integrated into the screening process for … Continue reading Weekend Scholarship Roundup

What does Equality Mean in the Colonies?

By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?

Ṭalāq in the Colonies – Constraints on Colonial Judiciary

By Nurfadzilah Yahaya In my book, Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020), I demonstrate how colonialism embodies a contradiction; in a sense, colonial authorities limited and restricted subjects’ lives, but their authority gave rise to a sense of possibility for some colonial subjects perceived to be elite.[1] The largest … Continue reading Ṭalāq in the Colonies – Constraints on Colonial Judiciary

Weekend Scholarship Roundup

The new issue of the Journal of Islamic Law at Harvard Law School (Journal of Islamic Law 2, no. 1 (2021)) has been published online.  The new issue includes an article by Sohaira Siddiqui (Georgetown University) entitled "Triple Divorce and the Political Context of Islamic Law in India" that discusses the recent enactment of an … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "The Application of Maqasid Al-Shari’ah in the Foreign Policy of Islamic States" (International Journal of Academic Research in Business and Social Sciences, 2021), Usman Safiyanu Duguri and others discuss the relevance of the objectives of Islamic law (maqāsid al-sharī'a) to how Muslim-majority nations formulate their foreign policies, with an added observation that maqāsid al-sharī'a … Continue reading Weekend Scholarship Roundup

Waqf and the Modern State, Capitalism, and the Private Property Regime

By Nada Moumtaz In the numerous small foundations that form the bulk of waqfs in Beirut in the nineteenth century, waqf, I suggested in my previous post, was the material foundation and an important means to live as a good Muslim — to get close to God, to care for one’s family as charity. Besides … Continue reading Waqf and the Modern State, Capitalism, and the Private Property Regime

Weekend Scholarship Roundup

In Transformations of Tradition: Islamic Law in Colonial Modernity (Oxford University Press, 2021), Junaid Quadri (University of Illinois at Chicago), explores the various ways in which Islamic law was interpreted in innovative ways to accommodate new technologies and modernity, with a focus on a towering 20th century figure, Egyptian scholar Bakhit al-Muti'i, who all the … Continue reading Weekend Scholarship Roundup

Scholarship as Resistance: An Interview with Wael Hallaq

This interview was conducted by Omar Abdel-Ghaffar (Harvard University, PhD student). This interview is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead Blog Editor), and introduced with a list of further readings in the short post by Intisar Rabb: “Methods and Meaning in Islamic Law: Introduction.” Islamic Law Blog … Continue reading Scholarship as Resistance: An Interview with Wael Hallaq

Weekend Scholarship Roundup

On January 7-8, 2021, the Legal History Blog hosted an online conference entitled "Paper Empires: Layers of law in colonial South Asia and the Indian Ocean." Among others, Fahad Bishara (University of Virginia) presented his paper entitled "The Sailing Scribes: Legal Thinking and Praxis Across the Twentieth-Century Indian Ocean." In "The Majelis Ulama Indonesia and … Continue reading Weekend Scholarship Roundup

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

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: “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