SCHOLARSHIP ROUNDUP On Islamic Law In "Snapshot: succession law in Saudi Arabia" (Lexology, November 4, 2023), Belal Hashmi (Al Marbae & Partners Law Firm) provides an overview of Saudi inheritance … Continue reading Weekend Scholarship Roundup
Weekend Scholarship Roundup
SCHOLARSHIP ROUNDUP On Islamic Law: The recently founded "Journal of Digital Islamicate Research (JDIR) is a peer-reviewed journal covering the field of Middle Eastern and Islamicate Digital Humanities (DH). It … Continue reading Weekend Scholarship Roundup
Weekend Scholarship Roundup
SCHOLARSHIP ROUNDUP On Islamic Law: In "Review: Syed Mahmood; Colonial India’s Dissenting Judge by Mohammad Nasir and Samreen Ahmad" (Hindustan Times, May 23, 2022), Shafey Kidwai (Aligarh Muslim University) reviews … Continue reading Weekend Scholarship Roundup
Sharīʿa, Custom, and Modern Legal Reform
By Ayman Shabana In the Islamic juristic tradition, the relationship between sharīʿa and custom raised important methodological questions, ranging from: the nature and number of sources, formulation of rulings, guidelines … Continue reading Sharīʿa, Custom, and Modern Legal Reform
The continuum approach: Multiple legal solutions to run a diverse empire
By Petra Sijpesteijn (Leiden University) This essay is part of the Islamic Law Blog’s Roundtable on Islamic Legal History & Historiography, edited by Intisar Rabb (Editor-in-Chief) and Mariam Sheibani (Lead … Continue reading The continuum approach: Multiple legal solutions to run a diverse empire
Bury the Hatchet, Bedouin Style
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
On the Disinheritance of Women
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
Whose Custom is it?
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?
Problematizing Custom and Customary Laws
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