Islamic Law in the News Roundup

Muslim countries, especially Iran, have shown an increasing interest in establishing "milk banks" whereby preterm infants can receive breast milk as opposed to formula, although the practice is being considered from an Islamic perspective, which provides for a tenet of "milk kinship." The Taliban have stated that women would be allowed to study at university … Continue reading Islamic Law in the News Roundup

Family Law as Colonial Specter of Shelter

By Nurfadzilah Yahaya My book  Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) traces changing notions of family and clan across legal cultures in the realm of family law. Supposedly, Islamic law does not enter the secular sphere of politics during the colonial period. Yet, although dissipation of political power … Continue reading Family Law as Colonial Specter of Shelter

Weekend Scholarship Roundup

The new issue of the Journal of Islamic Law at Harvard Law School (Journal of Islamic Law 2, no. 1 (2021)) has been published online.  The new issue includes an article by Sohaira Siddiqui (Georgetown University) entitled "Triple Divorce and the Political Context of Islamic Law in India" that discusses the recent enactment of an … Continue reading Weekend Scholarship 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, Assisted Reproductive Technologies, and Surrogacy

By Ayman Shabana In the Islamic legal tradition, family relationships are based on one of three main bonds: blood, marriage, and breastfeeding. One’s formal affiliation is determined primarily on the basis of the agnatic line of descent. Family relationships on the maternal side are important but most lineage-related regulations are based on one’s patrilineal descent. … Continue reading Islamic Law, Assisted Reproductive Technologies, and Surrogacy

Islamic Law of Paternity and DNA Evidence

By Ayman Shabana In the Islamic tradition, Islamic rules governing paternity are closely tied to a number of important legal concepts and procedures. Most importantly, paternity regulations have strong connections with marriage and the definition of a licit sexual relationship, mainly in light of the well-known Prophetic report which has established that link “the child … Continue reading Islamic Law of Paternity and DNA Evidence

Weekend Scholarship Roundup

In an opinion piece published on the Jurist, entitled "Nigeria court overturns two blasphemy convictions after international outcry" Marie Feyche (U. Pittsburgh School of Law) reports that the High Court of Kano (Nigeria) overturned two blasphemy convictions handed down by a sharī'a court, after international outcry. In "DNA Evidence and the Islamic Law of Paternity … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "International Law in General in the Medieval Islamic World" (The Cambridge History of International Law, Volume VIII: International Law in the Islamic World, Part I: International Law in the Medieval Islamic World (622-1453) (forthcoming)) Mohammad Fadel (University of Toronto) "provides the reader with an introduction to basic questions of Islamic international law as they … Continue reading Weekend Scholarship Roundup