By Fatma Gül Karagöz This is the third essay in a series of essays entitled "When usufruct became a credit source: The contract of the transfer with resumption (ferağ bi’l-vefa)." … Continue reading The practice of tefviz bi’l-vefa (transfer with resumption) on miri (state-owned) land in 17th-century Istanbul courts
By Fatma Gül Karagöz This is the second essay in a series of essays entitled "When usufruct became a credit source: The contract of the transfer with resumption (ferağ bi’l-vefa)." … Continue reading Ferağ bi’l-vefa (transfer with resumption) and mortgage of miri (state-owned) land in seventeenth-century fatwās
By Fatma Gül Karagöz* This is the first essay in a series of essays entitled "When usufruct became a credit source: The contract of the transfer with resumption (ferağ bi’l-vefa)." … Continue reading Introduction: How to interpret the contract of the transfer with resumption (ferağ bi’l-vefa)?
SCHOLARSHIP ROUNDUP On Islamic Law In Muslim Women between Community and Individual Rights: Legal Pluralism and Marriage in South Africa (Springer, 2024), Fatima Mukaddam (University of Luzern, Switzerland) "presents an … Continue reading Weekend Scholarship Roundup
By Hassan S. Khalilieh Nautical issues are treated by Islamic law from two distinct perspectives governed by two different systems. The first is public international law, which covers themes related … Continue reading Two Tenth-Century C.E. Islamic Treatises on Admiralty and Maritime Laws from the Mediterranean Sea and Western Indian Ocean
SCHOLARSHIP ROUNDUP On Islamic Law In "Finding the Faqīhāt: women’s legal scholarship and biography in premodern Morocco" (The Journal of North African Studies 29, no. 1 (2024)), Rosemary Admiral (The University … Continue reading Weekend Scholarship Roundup
By Hassan S. Khalilieh In my exploration of the historical foundations of the freedom of navigation in early Islam, I unearthed documentary evidence from the Prophet’s era that surprisingly supports … Continue reading The Prophet Muḥammad’s Concept of the Freedom of Navigation: The Safe-Conduct of Aylah as a Testament
By Hassan S. Khalilieh As early as the first half of the seventh-century, Caliph ʿUmar ibn al-Khaṭṭāb (r. 13-23/634-644) established the office of the “governorship of the coasts.” Initially focused … Continue reading Beyond the Ribāṭ: Exploring Coastal and Offshore Jurisdiction
By Rozaliya Garipova[1] Mahibädär ‘Abdurrakhman qizi sent a petition to the Orenburg Muslim Spiritual Assembly (hereafter the OA) on December 12, 1852. The OA received the report on the 20th … Continue reading Petition from a captive wife (1853)
By Rozaliya Garipova[1] In the previous case we saw that the two sides negotiated a marital contract but since the side of the groom could not pay the appointed mahr, … Continue reading Married but not Married (1861)
