Excavating the Colonial Modern in Islamic Law

By Junaid Quadri How shall we understand the encounter between the sharīʿa and the colonial modern? What have been the responses of Muslim jurists to the twin pressures of colonialism and modernity? A surge of works in recent years have given us a range of responses to these questions. While some stress the deep penetration … Continue reading Excavating the Colonial Modern in Islamic Law

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Navigating Colonial Law in a 'Sea of Islands'" (Law & Social Inquiry Online (December 3, 2021)), Renisa Mawani (University of British Columbia) reviews Nurfadzilah Yahaya's Fluid Jurisdictions: Colonial Laws and Arabs in Southeast Asia (Cornell University Press, 2020). In "Rumi without Islam: the cultural appropriation of Rumi" (Bayt Al … Continue reading Weekend Scholarship Roundup

Afghanistan News Roundup: Islamic Law and the Taliban

Legal historians and pundits traced the origins of the Taliban to Deobandism, an Islamic movement led by a Sunnī scholar from India, that was based on reactionary reflexes against British colonialism. During their first news conference following their takeover of Afghanistan, the Taliban declared that women would continue to enjoy their rights and freedoms under … Continue reading Afghanistan News Roundup: Islamic Law and the Taliban

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