By Sheza Alqera Atiq Qarāfī et al. Al-Furūq : Aw Anwār Al-Burūq fī Anwāʼ Al-Furūq. al-Ṭabʻah 1. ed., pp 215-216, Dār Al-Kutub Al-ʻIlmīYah, 1998. Summary: The text in question is an excerpt from Al-Furūq : aw Anwār al-burūq fī anwāʼ al-furūq or ‘The Differences’ written by Malikī jurist Imam Shihāb al-Dīn al-Qarāfī (684/1285) who was … Continue reading Hashīsh – Intoxicating or Just Corruptive? A 13th Century Jurist’s Distinctions
Dār al-Iftā’ Fatwā: Working in Banks
By Aaron Spevack Source: http://www.dar-alifta.org/Foreign/ViewFatwa.aspx?ID=5912&text=working%20in%20banks This fatwā listed on Dār al-Iftā'’s website - the official fatwa institution of Egypt and connected with scholars of al-Azhar - deals with the question of whether working in banks is permissible on account of their dealing in what appear to be interest-based transactions. In the Arabic text used for … Continue reading Dār al-Iftā’ Fatwā: Working in Banks
A Question About Blasphemy: Amendments 298-B and 298-C in Pakistan’s Penal Code
By Sheza Alqera Atiq Pakistan: Penal Code [Pakistan], S.295-C, S. 298-B, S. 298-C, Chapter XV, Act No. XLV, 6 Octber 1860, available at: http://www.refworld.org/docid/485231942.html [accessed 12 November 2018] Summary: The legislation under analysis includes sections 295-C, 298-B, and 298-C in Pakistan’s Penal Code (PPC). President Zia-ul-Haq passed sections 298-B and 298-C on 26 April 1984 through … Continue reading A Question About Blasphemy: Amendments 298-B and 298-C in Pakistan’s Penal Code
Nābulsī and Talfīq
By Aaron Spevack Source: Al-Nābulsī, Khulāṣah al-Taḥqīq fī Bayān Ḥukm al-Taqlīd wa al-Talfīq: Chapter 6: Regarding the elucidation of the ruling on talfīq. Nābulsī begins his chapter with the division of people into mujtahids and non- mujtahids. Mujtahids are further divided into absolute (unrestricted) and restricted mujtahids. An absolute mujtahid can not follow the opinion … Continue reading Nābulsī and Talfīq
Hāshiyat al-Bajūrī
By Aaron Spevack Source: Ibrāhīm al-Bājūrī, Ḥāshiya al-Shaykh Ibrāhīm al-Bājūrī ʿalā Sharḥ al-ʿAlāma Ibn al- Qāsim al-Ghazzī ʿalā Matn al-Shaykh Abī Shujāʿ. Beirut: Dār al-Kutūb al-ʿIlmiyya, 1999. The excerpt that I have provided for our discussion is from Hāshiyat al-Bajūrī ‘alā Sharh ibn Qāsim al-Ghazzī ‘alā Matn Abī Shuja’ (henceforth referred to as Hāshiyat al-Bajūrī). … Continue reading Hāshiyat al-Bajūrī
Al-Qarāfī’s collection of legal distinctions
By Mariam Sheibani Source: Al-Qarāfī, Shihāb al-Dīn. Kitāb al-furūq aw Anwār al-burūq fī anwāʿ al-furūq. 3rd ed. Edited by Muḥammad Sarrāj and ʿAlī Jumuʿa. 2 vols. Cairo: Dār al-Salām, 2010. General Description: This excerpt comprises the seventy eighth ‘legal distinction’ in Qarāfī’s collection of legal distinctions (furūq). Legal distinctions are a subset of legal maxims, … Continue reading Al-Qarāfī’s collection of legal distinctions
Ibn al-Ṣalāḥ’s fatwā
By Mariam Sheibani Source: Ibn al-Ṣalāḥ al-Shahrazūrī. Fatāwā wa-masāʾil Ibn al-Ṣalāḥ. Edited by ʿAbd al-Muṭīʿ Amīn Qalʿajī. 2 vols. Beirut: Dār al-Maʿrifa, 1986/1406. General Description: This excerpt is a response (fatwā) authored by Ibn al-Ṣalāḥ, a prominent 7th/13th century Shāfiʿī jurist, in which he severely critiques the incorporation of logic and philosophy into legal theory. … Continue reading Ibn al-Ṣalāḥ’s fatwā
The Golden Collection of the Law’s Maxims
By Mariam Sheibani Source: Al-ʿAlāʾī, Ṣalāḥ al-Dīn Khalīl. Al-Majmūʿ al-mudhhab fī qawāʿid al-madhhab. Edited by Majīd ʿAlī al-ʿUbaydī and Aḥmad Khudayrʿ Abbās. 2 vols. Amman: Dār ʿImār, 1425/2004. General Description: This source, entitled “The Golden Collection of the Law’s Maxims” (al-Majmūʿ al-mudhhab fī qawāʿid al-madhhab), is a two-volume collection of legal and interpretive maxims.[1] Legal … Continue reading The Golden Collection of the Law’s Maxims
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