Weekend Scholarship Roundup

In "Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the US Mass Incarceration?" (SSRN,  June 23, 2021),  Amin R. Yacoub (University of Virginia School of Law) and Becky Briggs (University of San Diego) discuss the phenomenon of mass incarceration in the United States and how Islamic law principles of criminal … Continue reading Weekend Scholarship Roundup

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 4 :: The Art and Science of Keeping the Peace

This is part 4 in a series of 4 posts. :: Part 4 :: The Art and Science of Keeping the Peace Students of Ḥanafī law learn that the crime of murder consists in a deliberate act, aiming at ending a life, by a competent adult, using—and this is where the emphasis is—a proper murder … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 4 :: The Art and Science of Keeping the Peace

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 3 :: After the Failure

This is part 3 in a series of 4 posts. :: Part 3 :: An Islamic “Law-and-Economics” Jurisprudence Can one suggest the presence (latent or real) of a law-and-economics version of Islamic criminal law? The diya doctrine of financial restitution for injury has features that invite this consideration.  Diya applies, not only to whole human … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 3 :: After the Failure

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 2 :: In Government, Society and Jurist We (Need to) Trust

 This is part 2 in a series of 4 posts. :: Part 2 :: In Government, Society and Jurist We (Need to) Trust In this post, I hope to achieve two goals.  First, I want to eliminate any attachment to the notion that punishment in Islamic criminal law is mainly corporeal punishment.  As I provide … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 2 :: In Government, Society and Jurist We (Need to) Trust

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 1 :: After the Failure

This is part 1 in a series of 4 posts. :: Part 1 :: After the Failure You are the kind of legal scholar who has no patience for trying tactics that lead into predictable problems. You take for granted that criminal acts (as reflection of a criminal capacity) are simply part of human nature, … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 1 :: After the Failure

Report of the Panel of Jurists: Judicial Discretion and Popular Legitimacy

By Dixie Morrison This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Report Summary: Report of the Panel of Jurists Appointed by the Northern Region Government to Examine the Legal and Judicial Systems of the Region … Continue reading Report of the Panel of Jurists: Judicial Discretion and Popular Legitimacy

Book Talk: Islamic Criminal Law in Conversation with Kamali’s “Felony and the Guilty Mind in Medieval England”

Join the Harvard Law School Library community and Intisar Rabb, Professor of Law, Professor of History, and Faculty Director, Program in Islamic Law, Harvard Law School, among other scholars, in a conversation around Felony and the Guilty Mind in Medieval England (Cambridge Univ. Press, Oct. 31, 2019), a recent publication by Elizabeth Papp Kamali, Assistant Professor of Law … Continue reading Book Talk: Islamic Criminal Law in Conversation with Kamali’s “Felony and the Guilty Mind in Medieval England”