Abd al-Razzāq al-Sanhūrī’s Conception of Modern Islamic International Law versus the Practice of Muslim States

ʿAbd al-Razzāq al-Sanhūrī (1895-1971), Egypt’s most celebrated jurist of the 20thcentury, is most famous for his efforts to create a modern Arab legal system that reflected the fundamental principles of Islamic law while also incorporating the most important developments of modern legal science. The Egyptian Civil Code, for which he was the principal drafter, was … Continue reading Abd al-Razzāq al-Sanhūrī’s Conception of Modern Islamic International Law versus the Practice of Muslim States

Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas

"Introduction to the English Translation of the Muwatta' of Imam Malik b. Anas, Recension of Yahya b. Yahya al-Laythi (Royal Moroccan Edition, 2013)," Mālik b. Anas, al-Muwaṭṭaʾ -- Recension of Yaḥyā b. Yaḥyā al-Laythī (d. 234/848), edited and translated by Mohammad Fadel, University of Toronto Faculty of Law, and Connell Monette, American Academy Casablanca. The Muwatta' of Malik b. Anas … Continue reading Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas

Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas

The years I spent working on the forthcoming translation of the Muwaṭṭaʾ overlapped in part with the rise of the Islamic State in Iraq and Syria (“ISIS”), and its claim to a caliphate. Among other outrages, ISIS introduced certain forms of slavery to the territory under its control, most prominently, concubinage. This decision was ostensibly … Continue reading Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas

Is Islamic Purposivism (maqāṣid al-sharīʿa) a Thinly-Disguised Form of Utilitarianism?

Thanks to the efforts of modern Muslim legal reformers, the medieval jurisprudential doctrine of maqāṣid al-sharīʿa has become ubiquitous, not only in the legal writings of contemporary Muslim jurists and scholars of Islamic law, but also among the educated Muslim lay-public. Yet, the appeal to maqāṣid al-sharīʿa – which I will translate as purposivism in this post … Continue reading Is Islamic Purposivism (maqāṣid al-sharīʿa) a Thinly-Disguised Form of Utilitarianism?

Welcome to our September Guest Blogger: Mohammad Fadel

We are delighted to introduce our first monthly guest blogger for the 2019-2020 academic year: Mohammad Fadel, Professor at the Faculty of Law at the University of Toronto. Throughout the month of September, Professor Fadel will share a series of posts on diverse topics on Islamic law and legal history.  Professor Fadel holds a JD … Continue reading Welcome to our September Guest Blogger: Mohammad Fadel

Islamic Law & Law of the Muslim World eJournal: August 23

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: "Economic Harbingers of Political Modernization: Peaceful Explosion of Rights in Ottoman Istanbul" by Asli Cansunar and Timur Kuran This paper ascribes a fundamental role to prior shifts in wealth toward non-Muslims and away from conservative groups, including Muslim clerics. These shifts, all under way in … Continue reading Islamic Law & Law of the Muslim World eJournal: August 23

Thoughts on the Draft Tunisian Inheritance Reform Legislation

Mohammad Fadel (University of Toronto, Faculty of Law) takes a pragmatic approach that helps explain why Tunisian president Beji Caid Essebsi’s 2017 proposal to amend Tunisian inheritance laws has raised so much controversy: "While the new law, if implemented, may not make a substantial tangible difference in people’s lives – especially given the ease with … Continue reading Thoughts on the Draft Tunisian Inheritance Reform Legislation

Recent Scholarship: Fadel on Islamic Financial Ethics

Mohammad Fadel, Professor of Law at the University of Toronto, wrote a chapter in Islam and Applied Ethics (Hamad bin Khalifa University Press, 2017) exploring the ethical principles that inform Islamic law in connection with finance: “Ethics and Finance: An Islamic Perspective in the Light of the Purposes of Islamic Sharia” The chapter was originally … Continue reading Recent Scholarship: Fadel on Islamic Financial Ethics

Islamic Law Scholars’ Round-Up: Feb 25th

Many of SHARIAsource’s Senior Scholars were recognized in Brill’s Islamic Law and Society journal as writers of the top 15 articles written in the 25 years of ILS. In celebration of ILS’ 25th anniversary, public access to all 15 articles has been made free through March 31st. (Volume 1:1, 1994): From Fatwās To Furü: Growth and … Continue reading Islamic Law Scholars’ Round-Up: Feb 25th

Islamic Law in “Plain English”

As a reminder, the SHARIAsource Portal contains helpful resources that explain various aspects of Islamic law in "plain English," including: Lexicon Ijtihād: the direct interpretation of scripture Ḥadīth: Prophetic traditions Scholarship Reviews Mohammad Fadel on the Function of the "Interest Ban" in Islamic Finance Clark Lombardi on Sharīʿa as a Source of Legislation