Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The United States Supreme Court declined to review Hoda Muthana's petition seeking to reenter the United States, after her passport was revoked for leaving the country to join the Islamic State in 2014.  Some experts in the UAE legal system expressed their hesitancy regarding the recent legal overhaul that relaxed … Continue reading Islamic Law in the News Roundup

COVID-19 and Islamic Law Roundup

Malaysia's Deputy Prime Minister responsible for religious affairs stated that a group of Malaysian imāms who are refusing to receive the coronavirus vaccine will undergo a counseling session that will explain the importance of vaccination. The Iraqi government announced that it will allow up to 40,000 foreigners to participate in the Shī'ī pilgrimage to Karbala … Continue reading COVID-19 and Islamic Law Roundup

COVID-19 and Islamic Law Roundup

Image representing a virus Image credit: Wikimedia Commons

"Despite the emergency situation facing Iraq due to the coronavirus pandemic, the people's faith in Imam Hussein means they are not afraid" said one pilgrim in Karbala (Iraq) who had travelled there to commemorate the martyrdom of Hussein, the grandchild of the Prophet, on the day of  'Āshūrā - a commemorative event for Shī'ī Muslims … Continue reading COVID-19 and Islamic Law Roundup

Weekend Scholarship Roundup

The 43rd Annual Donald A. Giannella Memorial Lecture speaker Intisar Rabb's (Harvard) presentation titled "Interpreting Islamic Law" explains the judicial overhaul that occurred during the thirteenth century under the reign of Baibars I, Mamlūk sultan of Egypt and Syria, who established four chief judgeships representing each of the four major (Sunnī) schools of Islamic law … Continue reading Weekend Scholarship Roundup

Will Baghdad’s Government Decide Shi’i Islam’s Future Highest Jurist? Religion-State Entanglements and the Waqf in Iraq

One largely unnoticed development that has arisen in Iraq since the US invasion in 2003 has been the manner in which the Iraqi state and the Shi’i religious establishment known broadly as the marjaʿiyya have bound themselves rather tightly together in the area of waqf law. This is important, because the waqf business in Iraq … Continue reading Will Baghdad’s Government Decide Shi’i Islam’s Future Highest Jurist? Religion-State Entanglements and the Waqf in Iraq

Iraqi Constitution: Supreme Court refrains from ruling on Islamic Law application

By Marta Wojtowicz Description: The Iraqi Federal Supreme Court ruled on the unconstitutionality of the Revolutionary Leadership Council’s decision no. 120 (1994) in a decision from March 8, 2017. [1] The case concerned extending the duration of imprisonment of a public official sentenced for public money embezzlement. In addition to constitutional guarantees, the plaintiff evoked … Continue reading Iraqi Constitution: Supreme Court refrains from ruling on Islamic Law application

ʾAlī al-Sīstānī: Protecting Antiquities through Islamic Law

By Marta Wojtowicz Description:  In May 2003, the most widely followed Shīʿī religious authority in Iraq, ʾAlī al-Sīstānī, issued a fatwā regarding the protection of Iraqi antiquities, in the wake of the US military invasion and the widespread looting of archeological sites and museums in Iraq.  The intervention is an example of a reasoning based on … Continue reading ʾAlī al-Sīstānī: Protecting Antiquities through Islamic Law

ʾAlī al-Sīstānī: Guiding Conduct of Pro-Government Militias in Iraq

By Marta Wojtowicz Description: The Advice and Guidance to the Fighters on the Battlefields[1] was issued by ʾAlī al-Sistānī in February 2015 and directed to the fighters involved in the campaign against ISIS, addressing the issue of their conduct in war. The fatwā is an example of humanitarian considerations in warfare framed in the terms … Continue reading ʾAlī al-Sīstānī: Guiding Conduct of Pro-Government Militias in Iraq

Scholarship in “Plain English”: Noah Feldman on Imposed Constitutionalism

By Cem Tecimer Citation: Noah Feldman, Imposed Constitutionalism 37 Conn. L. Rev. 857-889 (2005) Summary: Written in response to his involvement in Iraq’s restructuring [though carefully mentioning that he had no direct involvement in the writing of the Iraqi constitutional draft, but was an adviser in the Transitional Administrative Law (TAL) process, see p. 858] … Continue reading Scholarship in “Plain English”: Noah Feldman on Imposed Constitutionalism

Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa

By Cem Tecimer Citation: Noah Feldman, The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics 58(1) Okla. L. Rev. 1-9 (2005) Summary: ‘Ali Sistani, who was born in Iran but spent most of his life in neighboring Iraq, became a central figure after the overthrow of Saddam Hussein. This was, in part, … Continue reading Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa