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

When Worship Meets Taxation: Socio-Political Reflections on the Rules of Zakat

By Sohail Hanif We continue our reflection on social dimensions of Islamic law by turning our attention to the rules of Zakat,[1] the obligatory alms in Islam. Zakat is a social institution, as it represents wealth moving from the ‘rich’ to the ‘poor’. By its very nature, Zakat creates social ties and dependencies. From the … Continue reading When Worship Meets Taxation: Socio-Political Reflections on the Rules of Zakat

Imploring God and the “Living Tradition”: A Relative Chronology of Epigraphic and Traditional Invocations

By Mathieu Tillier This is part two in a series of four posts on the historical formation of the Sunna, with a focus on methodological reflections on the emergence of Prophetic authority. Stating that the sunna of the Prophet represents a major source of classical Islamic law may appear as self-evident. Many legal rulings are … Continue reading Imploring God and the “Living Tradition”: A Relative Chronology of Epigraphic and Traditional Invocations

Early Fiqh and the Issue of Ḥadīth Dating

By Mathieu Tillier This is part one in a series of four posts on the historical formation of the Sunna, with a focus on methodological reflections on the emergence of Prophetic authority. Classical Islamic law hermeneutics relied on four well-known sources: the Qur’ān, the sunna, consensus, and analogy (qiyās). The first two represent textual sources … Continue reading Early Fiqh and the Issue of Ḥadīth Dating

Excavating the Colonial Modern in Islamic Law

By Junaid Quadri How shall we understand the encounter between the sharīʿa and the colonial modern? What have been the responses of Muslim jurists to the twin pressures of colonialism and modernity? A surge of works in recent years have given us a range of responses to these questions. While some stress the deep penetration … Continue reading Excavating the Colonial Modern in Islamic Law

Ethical Perfectionism in Fiqh: The Example of Moral Exemplars

By Junaid Quadri* How precisely to understand the ethical material found within works of fiqh has been a recurrent question of Western scholarship on Islamic law since its earliest period. If, in the first phase of this interest, scholars tended to find in fiqh a curious (and perhaps, objectionable) amalgam of law, religion and ethics, … Continue reading Ethical Perfectionism in Fiqh: The Example of Moral Exemplars

Oakeshott, Originalism and the History of Modern Islamic Law

By Junaid Quadri* In On Human Conduct, the ambitious work he produced toward the end of his career, the philosopher Michael Oakeshott offers a distinction between two kinds of storytelling that is instructive for historians of Islamic law and indeed scholars of the intellectual history of Islam more broadly. Distinguishing between “In the beginning” stories … Continue reading Oakeshott, Originalism and the History of Modern Islamic Law

Early Ḥanafī Jurists, Court Practice, and the Authority of General Afflictions (ʿUmūm al-Balwā)

By Issam Eido This is part two in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. There are many legal canons (uṣūl or qawāʿid fiqhiyya) pertaining specifically to court evidence, procedure, or conduct, such as “the burden of proof is on the claimant … Continue reading Early Ḥanafī Jurists, Court Practice, and the Authority of General Afflictions (ʿUmūm al-Balwā)

Islamic Law in the News Roundup

Suzanne Schneider, deputy director at the Brooklyn Institute for Social Research, commented that the Islamic State and the US far-right, including groups such as QAnon, share the same roots - failed governance. Haibatullah Akhundzada, the supreme leader of the Taliban, urged the new Afghan government to uphold sharī'a. Islamic scholars have warned that comparing Texas' … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

In "Immunity, Independence and Accountability of Judges: An Islamic Law Perspective" (Majallah-yi Talim o Tahqiq 3, no. 2 April-June (2021)), Muhammad Munir (International Islamic University, Islamabad) discusses the concept of immunity of judges in Islamic law. In "Intellectual Property Through a Non-Western Lens: Patents in Islamic Law" (Georgia State University Law Review 37, no. 3 … Continue reading Weekend Scholarship Roundup