Weekend Scholarship Roundup

In "Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making" (Cornell University Press, forthcoming), Rachel M. Scott (Virginia Tech) examines how Islamic law is reshaped into state law in Egypt's constitutional legal system, with a particular focus on post-2011 developments.

Islamic Law in the News Roundup

Egypt's President Sisi named two new members to the Al-Azhar Council for Senior Scholars, the government institution that is regarded as having final authority to determine whether legislation is compliant with Islamic law. The Islamic Affairs and Charitable Activities Department in Dubai (IACAD) reported that it received 4,000 fatwā and 2,000 shahāda (declaration of belief … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

Ahmadullah, a prominent Muslim cleric from Bangladesh, issued a fatwā stating that using the laughing emoji to mock people is forbidden under Islamic law. Muslim women in Kenya have lobbied the government to ensure that a woman is appointed to the top Kadhi court adjudicating Islamic law matters. A new Pew Research study found that … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

Iran's Guardian Council, the 12-member entity tasked with, among other things, ensuring the compatibility of legislation with Iran's Constitution, launched its English website. The UAE authorities announced a new rule that makes it mandatory for companies listed on any UAE stock exchange to have at least one woman on their board of directors. Saudi Arabia … Continue reading Islamic Law in the News Roundup

Islam and Data Science Roundup

In "Islam-based legal language and state governance: democracy, strength of the judiciary and human rights" (Constitutional Political Economy (2020)), Emilia Justyna Powell (University of Notre Dame) and her coauthors test the hypothesis of whether Islamic legal language is associated with lower levels of electoral democracy, fewer liberties, and a weaker judicial system. Based on an … Continue reading Islam and Data Science Roundup

Capital Punishment Case Establishes that Sharia Cannot Invalidate Secular Laws in Malaysia

By Terrence George This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Summary In 1988, the Supreme Court of Malaysia heard the case of Che Omar bin Che Soh v. Public Prosecutor.1 The case arose as … Continue reading Capital Punishment Case Establishes that Sharia Cannot Invalidate Secular Laws in Malaysia

Conjoined Twins: Human Rights and Islam in the Constitutional System of Pakistan

By Zubair Abbasi Ever since Pakistan’s creation as an independent state in 1947, Islam has continued to permeate its constitutional and legal system. From the confines of the personal law of Muslims at the time of independence, Islam has become the grundnorm of Pakistan’s constitutional system.[1] Curiously, the gradual elevation of Islam in the formal … Continue reading Conjoined Twins: Human Rights and Islam in the Constitutional System of Pakistan

Islamic Judicial Review in Practice (3): Sharia and State Law

By Zubair Abbasi The enthusiasm of the Shariat Benches to judicially Islamize laws is best reflected in the judgment of the Shariat Bench of the Peshawar High Court in Mst. Farishta v Federation of Pakistan.[1] In this judgment, the Shariat Bench reviewed the Muslim Family Laws Ordinance 1961 (MFLO). Pakistan’s first military ruler, Ayub Khan … Continue reading Islamic Judicial Review in Practice (3): Sharia and State Law

Islamic Judicial Review in Practice (2): Strategic Islamization of Laws

By Zubair Abbasi The most significant impact of Islamic judicial review is the incorporation of qiṣāṣ and dīyah in the legal system of Pakistan. During the colonial period, the British replaced Islamic criminal law with the Indian Penal Code 1860. There are two important components of Islamic criminal law: ḥudūd and qiṣāṣ. Ḥudūd are fixed … Continue reading Islamic Judicial Review in Practice (2): Strategic Islamization of Laws

Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws

By Zubair Abbasi In my previous blog posts, I identified Islamic judicial review as the distinctive feature of Pakistan’s legal system. In my next three posts, I shall scrutinize how Islamic judicial review works in practice through the analysis of a few important judgments related to criminal law and family law. In this first post, … Continue reading Islamic Judicial Review in Practice (1): Decolonization through Islamization of Laws