Resource Roundup: Afghanistan, the Taliban, and Islamic Law

The United States' withdrawal from Afghanistan, and the Taliban's subsequent takeover of the country has brought, once again, Islam and Islamic law to the fore in recent news coverage, reports, and analyses. This renewed attention to Islamic law is in part due to the fact that the Taliban identifies itself as a Muslim military organization … Continue reading Resource Roundup: Afghanistan, the Taliban, and Islamic Law

Episodes in which the ʿUlamāʾ, according to Islamic Law, were Opposed to the Tax

By Mehdi Berriah This is part two in a series of four posts on the financing of jihād during the Mamlūk period. First Episode The first episode took place in dhū-l-qaʿda 657/November 1259, after Quṭuz dismissed al-Manṣūr ʿAlī, the son of his former master, the first Mamlūk sultan al-Muʿizz Aybak (d. 655/1257), and proclaimed himself sultan. The … Continue reading Episodes in which the ʿUlamāʾ, according to Islamic Law, were Opposed to the Tax

The Issue of Financing Jihād in Islamic Law: Three Case Studies from the Mamlūk Period

By Mehdi Berriah This is part one in a series of four posts on the financing of jihād during the Mamlūk period. While the spirit and laws of jihād have often attracted the attention of researchers, this is not the case for its economic aspect, which remains poorly known. It must be kept in mind … Continue reading The Issue of Financing Jihād in Islamic Law: Three Case Studies from the Mamlūk Period

Weekend Scholarship Roundup

In "From conquest to co-existence: Burhān al-Dīn al-Marghīnānī's (d. 593/1197) re-interpretation of jihād" (Journal of Islamic Studies, vol. 32 no. 2), Youcef L. Soufi (University of Toronto) takes issue with the mainstream view in scholarship that second/eight century Muslim jurists' conception of jihād was uniformly in support of continuous imperial conquest. In "Islam from the … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "Pirates and Pilgrims: The Plunder of the Ganj-i Sawai, the Hajj, and a Mughal Captain’s Perspective" (Journal of the Economic and Social History of the Orient 64, no. 1-2 (2021)), Tyler Joseph Kynn (University of Memphis), using literature on "[t]he pirate attack by Henry Every in 1695 on a Mughal ship" carrying travelers from … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "Islamic Ethics of the Conduct of War" (SSRN, April 8, 2021) (forthcoming in The Handbook of Islamic Ethics), Fajri Muhammadin (Universitas Gadjah Mada) discusses seven overarching principles of Islamic law that guide the interpretation and application of Islamic law of armed conflict.

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