Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS According to data from India's Darul Qaza, or Islamic arbitration center, more divorces have been sought through khula, whereby the woman petitions a judge for divorce and surrenders hew dowry, rather than through triple talaq, whereby the husband unilaterally divorces his wife. "Kerala Nadvathul Mujahideen (Markazudawa), [an Islamic organization operating … Continue reading Islamic Law in the News Roundup

Molla Sali v. Greece European Court of Human Rights Case Brief

By Marzieh Tofighi Darian Facts: The applicant, Mrs. Chatitze Molla Sali was named as the sole beneficiary in a notarized public will drawn by her Muslim husband in 2003 in accordance with the rules of the Greek Civil Code. Despite the initial approval of the will by the Court of First Instance, the deceased’s two … Continue reading Molla Sali v. Greece European Court of Human Rights Case Brief

Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws

By Gizem Orbey In an earlier series of posts, I argued that that a sharīʿa-compliant patent law regime is possible and can even provide valuable new ideas for solving issues of patent co-ownership that are still extant in U.S. and international patent regimes. I also argued such a regime can be internationally harmonious even despite … Continue reading Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws

Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime

By Gizem Orbey In earlier posts, I argued that a sharīʿa-compliant Islamic patent regime is not only possible, but could supply fresh ideas for solving certain co-ownership problems extant in U.S. and other patent regimes.[1] In this post, I explore limitations on these ideas in anticipation of possible criticism,[2] and in response to the possible … Continue reading Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime