By Muhammad al-Marakeby This essay aims to explore the concepts of taqlīd (following the legal opinions of earlier jurists) and ijtihād (independent legal reasoning) during the Ottoman period. Although numerous … Continue reading Is Independent Legal Reasoning Incompatible with Following Earlier Jurists? Rethinking the Claim of Jurists’ Disloyalty to Taqlīd
Islamic Law in the News Roundup
ISLAMIC LAW IN THE NEWS "The committee studying the conflicts between shariah laws and the Federal Constitution [of Malaysia] should include non-Muslim constitutional experts, Beruas MP Ngeh Koo Ham said." … Continue reading Islamic Law in the News Roundup
The Endangered Sharīʿa
By Ovamir Anjum Murder is afoot, and modernity stands accused. The victim is the Sharīʿa, and the autopsy is grim: temporal lacerations, institutional mutilations, a missing heart. Not merely a … Continue reading The Endangered Sharīʿa
Islamic Law in the News Roundup
ISLAMIC LAW IN THE NEWS "US Secretary of State Antony Blinken said that 'when the Taliban enacted restrictive bans on higher education for women, governments from across the Muslim world … Continue reading Islamic Law in the News Roundup
Weekend Scholarship Roundup
SCHOLARSHIP ROUNDUP On Islamic Law In "The Role and Potential of Blockchain Technology in Islamic Finance" (European Business Law Review 33, no. 2 (2022)), Andrew Dahdal, Jon Druby, and Otabek … Continue reading Weekend Scholarship Roundup
The Content of Commentaries
By Felicitas Opwis In the previous post I mentioned the vibrant commentary tradition on Abū Shujāʿ’s compendium of Shāfiʿī law, which indicates that Muslim scholars deemed it necessary to comment … Continue reading The Content of Commentaries
Weekend Scholarship Roundup
SCHOLARSHIP ROUNDUP On Islamic Law: In "Ijtihād Holds Supremacy in Islamic Law: Muslim Communities and the Evolution of Law" (Religions 13 (2022)), Abdulla Galadari (Khalifa University of Science and Technology, … Continue reading Weekend Scholarship Roundup
Islamic Law, (Bio)ethics, and Ethical Gatekeeping of Science
By Ayman Shabana One of the important reasons why the use of the term “Islamic law” as the English counterpart for sharīʿa is problematic has to do with the conceptualization … Continue reading Islamic Law, (Bio)ethics, and Ethical Gatekeeping of Science
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 … Continue reading Nābulsī and Talfīq
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. … Continue reading Al-Qarāfī’s collection of legal distinctions