Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Judicial Crisis in Damascus on the Eve of Baybars’s Reform: The Case of the Minor Orphan Girl (651–55/1253–57)" (Islamic Law and Society (March 23, 2022)), Mariam Sheibani (The University of Toronto Scarborough) "reconstructs a late-Ayyubid court case in Damascus that was litigated repeatedly between 651/1253 and 655/1257, five years … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Petitioning the Sultan: Protests and Justice in Late Ottoman Sultan" (Bloomsbury 2021), Yuval Ben-Bassat (University of Haifa) discusses the institution of petitioning the Ottoman sultan, specifically Abdulhamid II, as a legal remedy in Ottoman Palestine. Abhishek Gupta (Indian Law Institute) discusses Indian Muslims' demand for interest-free Islamic banking in … Continue reading Weekend Scholarship Roundup

COVID-19 and Islamic Law Roundup

Malaysia's Deputy Prime Minister responsible for religious affairs stated that a group of Malaysian imāms who are refusing to receive the coronavirus vaccine will undergo a counseling session that will explain the importance of vaccination. The Iraqi government announced that it will allow up to 40,000 foreigners to participate in the Shī'ī pilgrimage to Karbala … Continue reading COVID-19 and Islamic Law Roundup

COVID-19 and Islamic Law Roundup

Image representing a virus Image credit: Wikimedia Commons

The Western Sydney community leaders in Australia, including Sydney sheikh Shadi Alsuleiman, have attempted to dispel unscientific notions about the coronavirus vaccine by posting videos of themselves getting vaccinated. Kent (UK) Muslims came together for the first time since COVID restrictions at an Islamic convention. A team of volunteers in Jakarta (Indonesia) are helping the … Continue reading COVID-19 and Islamic Law Roundup

ʾAlī al-Sīstānī: Protecting Antiquities through Islamic Law

By Marta Wojtowicz Description:  In May 2003, the most widely followed Shīʿī religious authority in Iraq, ʾAlī al-Sīstānī, issued a fatwā regarding the protection of Iraqi antiquities, in the wake of the US military invasion and the widespread looting of archeological sites and museums in Iraq.  The intervention is an example of a reasoning based on … Continue reading ʾAlī al-Sīstānī: Protecting Antiquities through Islamic Law

Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East

By Cem Tecimer Source: Noah Feldman, Law, Islam, and the Future of the Middle East 84 U. Det. Mercy L. Rev. 617-635 (2006-2007) Summary: In his invited lecture at the University of Detroit-Mercy School of Law (The Mcelroy Lecture), Noah Feldman engages the idea of separation of powers in Islamic law and its contemporaneous manifestations. … Continue reading Scholarship in “Plain English”: Noah Feldman on Law, Islam, and the Future of the Middle East

Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa

By Cem Tecimer Citation: Noah Feldman, The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics 58(1) Okla. L. Rev. 1-9 (2005) Summary: ‘Ali Sistani, who was born in Iran but spent most of his life in neighboring Iraq, became a central figure after the overthrow of Saddam Hussein. This was, in part, … Continue reading Scholarship in “Plain English”: Noah Feldman on The Democratic Fatwa

Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums

By Mohammad Sagha The issue this paper seeks to address is how Ayatollāh Sayyīd Rūhullāh Khumaynī (d. 1386 sh./1989) conceptualized the collection of khums under the theory of the “Guardianship of the Jurisprudent” (wilāyat al-faqīh). The theory asserts the spiritual and practical authority of the Shīʿī jurist to govern in the absence of the twelfth … Continue reading Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums

Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists

By Mohammad Sagha This post examines how two Ṣafavid-era jurists, Ḥussayn b. ʽAbd al-Ṣamad al-ʽĀmilī (d. 985/1577-8),[1] and Muḥammad Bāqir Majlisī (d. 1111/1698) conceptualized the authority to collect and spend the portion of khums[2]allocated for the Imām’s discretion (sahm al-Imām)[3] during the period of occultation.[4] Shīʽī legal reasoning regarding the allocation of khums is important … Continue reading Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists

Judicial Authority and Roots of Twelver Shīʽī Tax Theory

By Mohammad Sagha The main question this study addresses is: how can the delegation of authority within the Shīʽī* community after the Minor Occultation of the Twelfth Imām in 260/874 explain Shīʽī judicial views on religious tax theory?[1] The advent of the Minor Occultation produced an environment of doubt for the followers of the imāms … Continue reading Judicial Authority and Roots of Twelver Shīʽī Tax Theory