The Content of Commentaries

By Felicitas Opwis In the previous post I mentioned the vibrant commentary tradition on Abū Shujāʿ’s compendium of Shāfiʿī law, which indicates that Muslim scholars deemed it necessary to comment on the past, making it relevant to their present and incorporating whatever changes have occurred or were deemed desirable. It also allows us to gain … Continue reading The Content of Commentaries

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS "Eid al-Adha is marked by special prayers and feasts and follows Eid al-Fitr which marks the end of Ramadan." For many American Muslims, eid celebrations have served - and continue to serve - as a reminder of how important community is. "The Kerala High Court [India] has held that a … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Saudi Arabia has approved new personal status laws that aim to enhance the legal status of women and children by enhancing alimony rights of women for childcare, among other things.  The Saudi Crown Prince stated that the new laws are "comprehensive in addressing all the problems that the family and … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The hijāb controversy in India, occasioned by a university administration refusing to admit some Muslim students wearing the Islamic veil, has been ongoing, with a court case regarding the matter still pending before Indian courts.  The Karnataka government, the Indian state in which the controversy has taken place, has so … Continue reading Islamic Law in the News Roundup

Oakeshott, Originalism and the History of Modern Islamic Law

By Junaid Quadri* In On Human Conduct, the ambitious work he produced toward the end of his career, the philosopher Michael Oakeshott offers a distinction between two kinds of storytelling that is instructive for historians of Islamic law and indeed scholars of the intellectual history of Islam more broadly. Distinguishing between “In the beginning” stories … Continue reading Oakeshott, Originalism and the History of Modern Islamic Law

What does Equality Mean in the Colonies?

By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?

European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law

Last week, the European Court of Human Rights (which examines alleged violations of the 1950 European Convention on Human Rights) handed down its long-anticipated decision in Molla Sali v. Greece, a case about Islamic legal pluralism in Europe and the rights of religious minorities. Stay tuned to the SHARIAsourceBlog for a roundtable discussion on this … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law