Weekend Scholarship Roundup

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 New Framework for the Analysis of Islamic Tradition-Bound Rationality

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

Comparative law, the role of the judge, and the law theorized

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