Monthly Lectures on Islamic Legal Genres: “Genre as a Tool for Understanding Islamic Law” by Prof. Mohammad Fadel

By Omar Khaled Abdel-Ghaffar This is a summary of the lecture by Prof. Mohammad Fadel entitled "Form, Function and Historical Development of Mukthasars in Post-Mamluk Islamic Law," delivered on February 24, 2021 at 11am (EST), 5pm (Münster) 7pm (Istanbul) via Zoom. Professor Fadel’s lecture described the history, purpose, and nature of late medieval Mālikī mukhtaṣars. … Continue reading Monthly Lectures on Islamic Legal Genres: “Genre as a Tool for Understanding Islamic Law” by Prof. Mohammad Fadel

Weekend Scholarship Roundup

In an opinion piece published on the Jurist, entitled "Nigeria court overturns two blasphemy convictions after international outcry" Marie Feyche (U. Pittsburgh School of Law) reports that the High Court of Kano (Nigeria) overturned two blasphemy convictions handed down by a sharī'a court, after international outcry. In "DNA Evidence and the Islamic Law of Paternity … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "International Law in General in the Medieval Islamic World" (The Cambridge History of International Law, Volume VIII: International Law in the Islamic World, Part I: International Law in the Medieval Islamic World (622-1453) (forthcoming)) Mohammad Fadel (University of Toronto) "provides the reader with an introduction to basic questions of Islamic international law as they … Continue reading Weekend Scholarship Roundup

Professor Mohammad Fadel on Muslims, Islam, and Bostock

Professor Mohammad Fadel, senior editor at SHARIAsource, explores Muslim perspectives on religious freedom pertaining to the Supreme Court's recent Bostock v. Clayton County (2020) decision on equal protection in  "Professor Mohammad Fadel on Muslims, Islam, and Bostock". In this article, Fadel addresses disputes regarding the stances of some Muslims toward the rights of LGBTQ persons, … Continue reading Professor Mohammad Fadel on Muslims, Islam, and Bostock

Weekend Scholarship Roundup

Nurfadzilah Yahaya, SHARIAsource editor and scholar of Islamic legal history, discusses the history of Malay people in this podcast episode titled "Learning Malay History" (The More Better Podcast (2020)). In “Human Rights and Cultural Diversity: the Iranian Discourse” (Iranian Review for UN Studies 2, no.1 (2019)), Pouria Askary and Amirsaed Vakil explore the ways Iran … Continue reading Weekend Scholarship Roundup

COVID-19 and Islamic Law Roundup

Image representing a virus Image credit: Wikimedia Commons

Countries and communities around the world are working to contain COVID-19 and mitigate its effects. The following digest represents a variety of sources in which law, particularly Islamic law, was invoked in the decision making process. All roundups can be found at this link. Kuwait amends the adhan to urge prayer at home amidst mosque closures. … Continue reading COVID-19 and Islamic Law Roundup

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?