By Cem Tecimer Abstract: Joseph Lowry argues that, much like other legal systems, Islamic legal systems, since their formative periods, grappled with the question of how to reconcile competing jurisprudential … Continue reading Scholarship in “Plain English”: Joseph Lowry on the First Islamic Legal Theory
Scholarship in “Plain English”: Joseph Lowry on the Prophet as Lawgiver and Legal Authority
By Cem Tecimer Abstract: Joseph Lowry elaborates on the prophetic authority of Muhammad as a lawgiver. While the Qur’ān remains the undisputed ultimate source for Muslims, Lowry draws attention to … Continue reading Scholarship in “Plain English”: Joseph Lowry on the Prophet as Lawgiver and Legal Authority
Scholarship in “Plain English”: Noah Feldman on Political Equality in Islam
By Cem Tecimer Citation: Cem Tecimer, Review of Noah Feldman, “Political Equality and the Islamic State” [30 Philosophical Topics 253 (2002)], Islamic Law Blog (2017) Summary In this article, Noah … Continue reading Scholarship in “Plain English”: Noah Feldman on Political Equality in Islam
Building an Islamic Bankruptcy Regime from Financial Dispute Resolution Caselaw
By Esther Agbaje Developing an Islamic bankruptcy code is important, especially as Islamic finance systems continue to exist and to grow. In Islamic finance, the ideal is that Islamic financial … Continue reading Building an Islamic Bankruptcy Regime from Financial Dispute Resolution Caselaw
Bankruptcy Laws in the UAE and Malaysia Lack Islamic Principles
By Esther Agbaje Bankruptcy is a potential outcome most people do not like to discuss. This may be why Islamic finance regulators give limited attention to dissolving, discharging, or repaying … Continue reading Bankruptcy Laws in the UAE and Malaysia Lack Islamic Principles
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 … 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 … Continue reading Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime
Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems
By Gizem Orbey In another post, I argue that it is possible to derive a sharīʿa-compliant Islamic patent regime that is in harmony with U.S. and international patent law principles, … Continue reading Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems