In "Are the Limitations on Remedies Fair? A Comparative Study between the US Law and Islamic Law" (SSRN, May 18, 2021), Fahad Aldossary (Southern Methodist University - Dedman School of Law) discusses how US and Islamic laws situate and understand the legal concepts of "foreseeability, causation, mitigation, and certainty." In "Mapping The Common Law Concept … Continue reading Weekend Scholarship Roundup
A report by the International Social Service entitled "Kafalah: Preliminary analysis of national and cross-border practices" discusses the concept of kafālah, a form of child care recognized under Islamic law, and its reception across a number of jurisdictions globally. In "The Concept of Ecological Balance and Environmental Conservation: An Islamic Practice" (SSRN, July 2, 2021), … Continue reading Weekend Scholarship Roundup
By Mairaj Syed My book Coercion and Responsibility in Islam seeks to organize the insights of the four conceptual approaches in the previous blog post into a coherent structure. It proposes an analytical framework that identifies and tracks the interactions of the key features that explain the content and historical development of concepts within technical … Continue reading A New Framework for the Analysis of Islamic Tradition-Bound Rationality
In this final post reflecting on my primary source seminar “Readings in Islamic law,” I want to highlight three further topics covered in the course. The first of these is the genre of comparative law (khilāf), for which we read writings by Ibn al-Mundhir from the early fourth/tenth century, al-Kadamī from the fourth/tenth century, and … Continue reading Comparative law, the role of the judge, and the law theorized
