Islamic Jurisprudence for Revolution

By Adnan Zulfiqar  This post is the third in a series of four posts on obligation, jihād, revolution and prisons. In late 2010, a Tunisian fruit seller, frustrated by restrictions on his ability to make a living and constant police harassment, poured gasoline on himself and lit a match. This was largely viewed as the … Continue reading Islamic Jurisprudence for Revolution

The Modern Transformation of the Duty to Fight

By Adnan Zulfiqar  This post is the second in a series of four posts on obligation, jihād, revolution and prisons. In my prior post, I provided a cursory sketch of juristic thought on collective duties between the third/ninth and eighth/fourteenth centuries. Here, I want to demonstrate the potential of premodern thought on legal obligation by … Continue reading The Modern Transformation of the Duty to Fight

Collective Duties (farḍ kifāya) in Islamic Law

By Adnan Zulfiqar  This post is the first in a series of four posts on obligation, jihād, revolution and prisons. Among the most significant challenges in studying or teaching Islamic law is situating it within its proper normative framework. Unfortunately, an account of Islamic law’s historical growth and development is often considered sufficient for understanding … Continue reading Collective Duties (farḍ kifāya) in Islamic Law

Recent Scholarship: Medieval Islamic Legal Debates

In the latest issue of Studia Islamica, Asma Afsaruddin’s article on “Jihād, Gender, and Religious Minorities in the Siyar Literature: The Diachronic View” compares five medieval works to highlight changing attitudes towards the participation of non-Muslims and women in military jihād. Meanwhile, Omar Farahat’s new book on The Foundation of Norms of Islamic Jurisprudence and … Continue reading Recent Scholarship: Medieval Islamic Legal Debates

Recent Scholarship: Zulfiqar on Jihād

SHARIAsource Pakistan and Maldives Editor Adnan Zulfiqar recently published an article in the West Virginia Law Review about how changing views of jihād as an individual duty versus a collective one have challenged the state’s jurisdiction over legitimate violence: “Jurisdiction over Jihad: Islamic Law and the Duty to Fight” A serious deficiency in the current … Continue reading Recent Scholarship: Zulfiqar on Jihād

Historical Primary Sources: A Legal and Diplomatic Justification of the Ottoman Declaration of War Against Russia, 1768

This document is a beyānnāme, or declaration, sent by the Ottoman reʾīsül-kuttāb (chief scribe) to Britain's ambassador to the Ottoman Empire, justifying the Ottoman declaration of war on Russia by explaining Russia's violation of treaty obligations. The document gives insight into eighteenth-century Ottoman attitudes to international law and its relationship with Islamic law. Contributed by … Continue reading Historical Primary Sources: A Legal and Diplomatic Justification of the Ottoman Declaration of War Against Russia, 1768