Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law In "Insight: the legal and regulatory framework governing Islamic finance and markets in Malaysia" (Lexology, October 19, 2022) Murni Zuyati Zulkifli Aziz and Rodney Gerard D'Cruz (Adnan Sundra & Low) predict that "[w]ith the government's determination to focus on its Shared Prosperity Vision 2030 to promote Malaysia as an Islamic … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law In "The Dominion of Rights, the Resistance of Duties" (Rutgers Journal of Law and Religion 22, no. 3 (2022)), Adnan A. Zulfiqar (Rutgers Law School) "argues that while colonial domination had devastating consequences for patterns of life, social order and communal ties, its most profound impact was on the paradigm … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Review: Syed Mahmood; Colonial India’s Dissenting Judge by Mohammad Nasir and Samreen Ahmad" (Hindustan Times, May 23, 2022), Shafey Kidwai (Aligarh Muslim University) reviews the book Syed Mahmood: Colonial India’s Dissenting Judge (Bloomsbury 2022). In "Methodology for Studying the Relationship between Islamic Law and National Customs in the Uzbek … Continue reading Weekend Scholarship Roundup

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

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 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