Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Turkish President Recep Tayyip Erdogan inaugurated a madrasa at Ayasofya, two years after the site was converted into a mosque. For more content and context on Ayasofya's conversion from a museum into a mosque, consult our "Recent Case Roundup: On the Turkish Decision on Hagia Sofia." Forty people were reported … Continue reading Islamic Law in the News Roundup

Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws

By Gizem Orbey In an earlier series of posts, I argued that that a sharīʿa-compliant patent law regime is possible and can even provide valuable new ideas for solving issues of patent co-ownership that are still extant in U.S. and international patent regimes. I also argued such a regime can be internationally harmonious even despite … Continue reading Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws

Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime

By Gizem Orbey In earlier posts, I argued that a sharīʿa-compliant Islamic patent regime is not only possible, but could supply fresh ideas for solving certain co-ownership problems extant in U.S. and other patent regimes.[1] In this post, I explore limitations on these ideas in anticipation of possible criticism,[2] and in response to the possible … Continue reading Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime

Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems

By Gizem Orbey In another post, I argue that it is possible to derive a sharīʿa-compliant Islamic patent regime that is in harmony with U.S. and international patent law principles, relying in part on the Ottoman commercial code the Mecelle. That is, I conceive of of the Islamic regime as contracts between inventors and the … Continue reading Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems