By Alicia Daniel Citation: Anver Emon, Religious Minorities and Islamic Law: Accommodation and the Limits of Tolerance, in Islamic Law and International Human Rights Law: Searching for Common Ground? 323–43 … Continue reading Scholarship in “Plain English”: Anver Emon on What We can Learn from Debates about Religious Minorities in Islamic Law
Review :: Powers on the Role of Endowments, waqf, in Inheritance
Centuries before the trust was developed in English common law, Islamic law developed the waqf, or endowment. The waqf allowed a property owner to separate the title to a property from the … Continue reading Review :: Powers on the Role of Endowments, waqf, in Inheritance
Review :: Clark Lombardi on Sharīʿa as a Source of Legislation
The constitutions of many Muslim-majority countries contain clauses that declare sharīʿa a source of legislation. These “sharīʿaclauses” may name sharīʿa as “a chief source,” “the chief source,” or “the only source,” among others, of … Continue reading Review :: Clark Lombardi on Sharīʿa as a Source of Legislation
Review :: Fadel on the Function of the “Interest Ban” in Islamic Finance
Islamic finance creates financial products specifically aimed at Muslims that are sharīʿa compliant. Many scholars have condemned Islamic finance for condemning ribā (interest) on the one hand, particularly where usurious, but then many others … Continue reading Review :: Fadel on the Function of the “Interest Ban” in Islamic Finance
Scholarship in “Plain English”: Sherman Jackson on the Primacy of Domestic Politics
By Alicia Daniel Citation: Alicia Daniel, Review of Sherman A. Jackson, The Primacy of Domestic Politics: Ibn Bint Al-Aʿazz and the Establishment of Four Chief Judgeships in Mamlūk Egypt [Journal … Continue reading Scholarship in “Plain English”: Sherman Jackson on the Primacy of Domestic Politics
Scholarship in “Plain English”: Noah Feldman on Constitutional Politics and Text in the New Iraq
By Cem Tecimer Citation: Cem Tecimer, Review of Noah Feldman, Constitutional Politics and Text in the New Iraq: An Experiment in Islamic Democracy [75(2) L. Rev. 883-920 (2006) (with Roman … Continue reading Scholarship in “Plain English”: Noah Feldman on Constitutional Politics and Text in the New Iraq
Scholarship in “Plain English”: Sherman Jackson on Taqlīd and the Evolution of Islamic Legal Reasoning
By Alicia Daniel Citation: Alicia Daniel, Review of Sherman A. Jackson, Taqlīd, Legal Scaffolding and the Scope of Legal Injunctions in Post-Formative Theory Muṭlaq and ʿĀmm in the Jurisprudence of … Continue reading Scholarship in “Plain English”: Sherman Jackson on Taqlīd and the Evolution of Islamic Legal Reasoning
Scholarship in “Plain English”: Sherman Jackson on Interpretation and Legal Change in one Islamic Society on a Contentious Case of Family Law
By Alicia Daniel Citation: Alicia Daniel, Review of Sherman A. Jackson, Kramer versus Kramer in a Tenth/Sixteenth Century Egyptian Court: Post-Formative Jurisprudence between Exigency and Law [Islamic Law and Society … Continue reading Scholarship in “Plain English”: Sherman Jackson on Interpretation and Legal Change in one Islamic Society on a Contentious Case of Family Law
Scholarship in “Plain English”: Intisar Rabb on Islamic Constitutionalism after the Arab Spring
By Nadia Sayed and Helena Swanson-Nystrom Citation: Nadia Sayed & Helena Swanson-Nystrom, Review of Intisar A. Rabb, The Least Religious Branch? The New Islamic Constitutionalism after the Arab Spring [17 … Continue reading Scholarship in “Plain English”: Intisar Rabb on Islamic Constitutionalism after the Arab Spring
Scholarship in “Plain English”: Noah Feldman on Political Equality in Islam
By Cem Tecimer Citation: Cem Tecimer, Review of Noah Feldman, “Political Equality and the Islamic State” [30 Philosophical Topics 253 (2002)], Islamic Law Blog (2017) Summary In this article, Noah … Continue reading Scholarship in “Plain English”: Noah Feldman on Political Equality in Islam