SCHOLARSHIP ROUNDUP On Islamic Law In "Belief as Status: Premodern Islamic Law, Duties, and the Martyr Conundrum" (American Journal of Legal History, October 12, 2023), Adnan A. Zulfiqar (Rutgers Law … Continue reading Weekend Scholarship Roundup
By Guy Burak [Muḥammad al-Timurtāshī] said in Minaḥ al-Ghaffār: “the sijill is the document (ḥujja) where the verdict (ḥukm) of the judge [is written].” But this is in their custom … Continue reading Terminological Tensions
By Yossef Rapoport The burying of the hatchets was part of the diplomatic culture among the Iroquois Five Nations of northeastern North America. In negotiating with outsiders, they refer to … Continue reading Bury the Hatchet, Bedouin Style
By Yossef Rapoport In his introduction to his influential and widely-cited survey on tribal law in the Arab world, Frank Stewart posits that weak pre-modern Muslim states were unable to … Continue reading On the Disinheritance of Women
By Yossef Rapoport Was custom a valid source of law for Muslim jurists? The straightforward, formal answer is no, as customary practice is not one of the classical four sources. … Continue reading Whose Custom is it?
By Yossef Rapoport Recent scholarship on Islamic law tends to accord a positive value to custom. In Wael Hallaq’s compelling narrative, custom and customary law were the medium by which … Continue reading Problematizing Custom and Customary Laws