By Zubair Abbasi Despite assigning a significant role to Islam, the Pakistani constitutional model does not propose a theocratic order. Rather, the theocratic tendencies resulting from the substantial role of … Continue reading Islamic Constitutionalism in Pakistan: Is it Theocratic?
Islamic Constitutionalism in Pakistan: Does it Matter?
Pakistan came into being through a constitutionally governed election when Muslims in British India voted for an independent state that comprised the Muslim-majority parts of India. It had two wings: … Continue reading Islamic Constitutionalism in Pakistan: Does it Matter?
Constitutionalizing Transgender Rights in Malaysia
By Jonathan Korn 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 … Continue reading Constitutionalizing Transgender Rights in Malaysia
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 … 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 … Continue reading Women’s Rights and the Guardian Council’s Barrier
1923 Fatwā Refutes the Premises of Pakistan’s Current Blasphemy Law
By Hamzah Raza (A Fatwā Penned by nearly 500 of the Indian Subcontinent’s Most Prominent Scholars, including the Founders of the Deobandi and Barelvi Movements Refutes Modern Pakistani Ulema’s Position … Continue reading 1923 Fatwā Refutes the Premises of Pakistan’s Current Blasphemy Law
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] … Continue reading Iraqi Constitution: Supreme Court refrains from ruling on Islamic Law application
Interpreting the Codification of Sharīʿa Law into the New Legal System in the Making of the Persian Constitutional Revolution: A Critical Introduction to Two Original Pieces
By Jafar Shokrolah Zadeh I-Introduction This study is motivated by the complicated codification of sharīʿa law into the new modern legal system in the aftermath of the Persian Constitutional Revolution … Continue reading Interpreting the Codification of Sharīʿa Law into the New Legal System in the Making of the Persian Constitutional Revolution: A Critical Introduction to Two Original Pieces
Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East
By Cem Tecimer Source: Noah Feldman, Law, Islam, and the Future of the Middle East 84 U. Det. Mercy L. Rev. 617-635 (2006-2007) Summary: In his invited lecture at the … Continue reading Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East
Scholarship in “Plain English”: Noah Feldman on Imposed Constitutions and Established Religion
By Cem Tecimer Citation: Noah Feldman, Imposed Constitutions and Established Religion 4(3) The Rev. Faith & Int’l Aff. 3-12 (2006) [Abridged version of Imposed Constitutionalism 37 Conn. L. Rev. 857-889 … Continue reading Scholarship in “Plain English”: Noah Feldman on Imposed Constitutions and Established Religion