PIL Writing Prize Winner: Shayan Karbassi

Congratulations to Shayan Karbassi (JD ‘22), the recipient of the Program in Islamic Law Writing Prize for his paper "Pursuit of Supranational Authority: Constitutionalism and the Islamic Republic of Iran,” written under the supervision of Professor Vicki C. Jackson. We award this prize annually to the Harvard Law School student who has written the best paper in the … Continue reading PIL Writing Prize Winner: Shayan Karbassi

Resource Roundup: Abortion and Islamic Law

Source: https://wellcomecollection.org/works/rbj4b875

The right to abortion has made headlines in the United States because of a leaked draft opinion in Dobbs v. Jackson Women's Health Organization written by Justice Samuel Alito of the Supreme Court of the United States. If published in its current form, the opinion will overrule current constitutional precedents providing for a federal right … Continue reading Resource Roundup: Abortion and Islamic Law

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "The Judiciary and the Rule of Law in Afghanistan" (Judicature 105, no. 3 (2021)), Mehdi J. Hakimi (Stanford Law School) argues that, long before the Taliban's rise to power, the Afghan judiciary experienced "institutional design flaws, primarily in the constitutional architecture, [that] curtailed the judiciary’s capacity to act as … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making" (Cornell University Press, forthcoming), Rachel M. Scott (Virginia Tech) examines how Islamic law is reshaped into state law in Egypt's constitutional legal system, with a particular focus on post-2011 developments.

Comparative Law and the Middle East at ASCL 2020! (A PIL Guide)

The Program in Islamic Law (PIL) has curated a list of panels from the American Society of Comparative Law's (ASCL) 2020 Annual Meeting schedule that feature speakers whose submissions are related to the Middle East, Islamic law and history, or Muslim-majority countries.* ASCL's  annual meeting this year, cosponsored by UCLA School of Law International and … Continue reading Comparative Law and the Middle East at ASCL 2020! (A PIL Guide)

The Duality of State Law and Sharīʿa in the Islamic Republic of Iran

By Marzieh Tofighi Darian Islamic Republic of Iran has designed an elaborate and stringent system of Islamic constitutionalism under its 1979 Constitution. Not only does the Constitution aim at making sharīʿa the main source of legislation,[1] it also establishes a detailed system to ensure the enforcement of its sharīʿa clause. The Constitution has vested the … Continue reading The Duality of State Law and Sharīʿa in the Islamic Republic of Iran

Women’s Rights and the Guardian Council’s Barrier

By Marzieh Tofighi Darian In recent months, there has been a spike in the number of bills that members of Parliament and the executive branch have proposed and presented to Iran’s Parliament aiming at ameliorating laws that have historically discriminated against women and providing more robust protections for their rights. This paper looks at some … Continue reading Women’s Rights and the Guardian Council’s Barrier

Iraqi Constitution: Supreme Court refrains from ruling on Islamic Law application

By Marta Wojtowicz Description: The Iraqi Federal Supreme Court ruled on the unconstitutionality of the Revolutionary Leadership Council’s decision no. 120 (1994) in a decision from March 8, 2017. [1] The case concerned extending the duration of imprisonment of a public official sentenced for public money embezzlement. In addition to constitutional guarantees, the plaintiff evoked … Continue reading Iraqi Constitution: Supreme Court refrains from ruling on Islamic Law application

Interpreting the Codification of Sharīʿa Law into the New Legal System in the Making of the Persian Constitutional Revolution: A Critical Introduction to Two Original Pieces

By Jafar Shokrolah Zadeh   I-Introduction This study is motivated by the complicated codification of sharīʿa law into the new modern legal system in the aftermath of the Persian Constitutional Revolution of 1906. Implementing a modern legal system and outplacing a system with enormously influential Islamic maxims, borrowing rules from predominantly sharīʿa law at the time, … Continue reading Interpreting the Codification of Sharīʿa Law into the New Legal System in the Making of the Persian Constitutional Revolution: A Critical Introduction to Two Original Pieces