Weekend Scholarship Roundup

Maryam Saeed discusses the constraints in Islamic insurance (takāful) and its impact on the performance of takāful operators in "Challenges of Islamic Insurance (Takaful) Globally," COMSATS Journal of Islamic Finance, 2019. (This article was also featured in this week's issue of SSRN’s Islamic Law & Law of the Muslim World eJournal). In "Islamic Financial Intermediation of Indonesian Economic … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

Hebrew University of Jerusalem scholars Morr Link and Yoram Haftel discuss the significance of domestic legal traditions, with a particular focus on states with Islamic law tradition, to international dispute settlement in "Islamic Legal Tradition and the Choice of Investment Arbitration Forums," The Review of International Political Economy, Forthcoming.    Mahmoud Jaraba contributed a book chapter entitled “Private Dispute … Continue reading Weekend Scholarship Roundup

Islamic Law & Law of the Muslim World eJournal: September 25

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: "Multiplying Zeroes: (In)Validity of Promises in Marriage Contracts under Pakistani Case Law" by Muhammad Munir, International Islamic University, Islamabad - Department of Law.  This article explains how the superior courts in Pakistan have interpreted stipulations in marriage contracts (Nikahnama) in selected cases mostly from 2009 … Continue reading Islamic Law & Law of the Muslim World eJournal: September 25

International & Comparative Law eJournal: September 19

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

This week’s issue of SSRN’s Law & Society: International & Comparative Law eJournal includes: "Uncharismatic Revolutionary Constitutionalism" by Stephen Gardbaum.  A reasonably familiar type of constitutionalist revolution is the one engineered and led by a charismatic hero and movement-party whose political legitimacy has been earned through long years of struggle and sacrifice on behalf of the people against the … Continue reading International & Comparative Law eJournal: September 19

Islamic Law & Law of the Muslim World eJournal: September 18

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: "The Ban and the Borderlands Within: The Travel Ban As a Domestic War on Terror Tool" by Khaled Beydoun. This article seeks to address this scholarly and discursive void, and at minimum, commence scholarly investigation into the Travel Ban’s impact beyond the border. It examines … Continue reading Islamic Law & Law of the Muslim World eJournal: September 18

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

Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

"Property and Its Rule (in Late Indo-Islamicate and Early Colonial) South Asia: What’s in a Name?" by Faisal Chaudhry, University of Dayton - School of Law; University of Dayton, published in the Journal of the Economic and Social History of the Orient. This article sets out a framework for understanding two key issues in the history of … Continue reading Recent Scholarship: Chaudhry on Indo-Islamicate Land Systems

Islamic Law & Law of the Muslim World eJournal: September 6

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: "The Role of Indonesian Constitutional Court in Resolving Disputes Among the State Organs" by Khairil Azmin Mokhtar, International Islamic University Malaysia, Aberystwyth University, and Iwan Satriawan, Universitas Muhammadiyah Yogyakarta. This paper attempts to assess the role of the Constitutional Court of Indonesia in the process … Continue reading Islamic Law & Law of the Muslim World eJournal: September 6

Recent Scholarship: Gómez-Rivas on the Development of Legal Institutions in the Far Maghrib

Law and the Islamization of Morocco under the Almoravids: The Fatwās of Ibn Rushd al-Jadd by Camilo Gómez-Rivas. From the publisher: "Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the … Continue reading Recent Scholarship: Gómez-Rivas on the Development of Legal Institutions in the Far Maghrib

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