Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Gus Dur's thought about Accommodation Of Islamic Law and Culture" (Jurnal Al Hurriyah 6, no. 2 (2021)), Suardi Kaco H and Busrah Busrah (Universitas Al Asyariah Mandar) present "a study of Gus Dur's thoughts on the accommodation of Islamic law and culture," focusing on Gus Dur's (or Abdurrahman Wahid's) … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS The United States Supreme Court declined to review Hoda Muthana's petition seeking to reenter the United States, after her passport was revoked for leaving the country to join the Islamic State in 2014.  Some experts in the UAE legal system expressed their hesitancy regarding the recent legal overhaul that relaxed … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS A new book titled Female Religious Authority in Shi’i Islam, which brings together contributions that "reflect[] on the roles that women have played in exercising religious authority across time and space" in Shī'ī Islam, has recently been published.  The UAE issued its first civil law marriage certificate to a non-Muslim … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: Female Religious Authority in Shi’i Islam (Edinburgh University Press, 2021), edited by Mirjam Künkler (Princeton University) and Devin Stewart (Emory University), brings together contributions that "reflect[] on the roles that women have played in exercising religious authority across time and space" in Shī'ī Islam. In "Islam And Democracy: Are They … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

Al Sudais, the President of the General Presidency for the Affairs of the Two Holy Mosques in Saudi Arabia, appointed two women, Dr. Fatima Al Rushood and Dr. Al Anoud Al Aboud, as his assistants, marking a first in the history of the administration of the Muslim holy sites. The Council of Islamic Ideology (Pakistan) … Continue reading Islamic Law in the News Roundup

The Duality of State Law and Sharīʿa in the Islamic Republic of Iran

By Marzieh Tofighi Darian Islamic Republic of Iran has designed an elaborate and stringent system of Islamic constitutionalism under its 1979 Constitution. Not only does the Constitution aim at making sharīʿa the main source of legislation,[1] it also establishes a detailed system to ensure the enforcement of its sharīʿa clause. The Constitution has vested the … Continue reading The Duality of State Law and Sharīʿa in the Islamic Republic of Iran

ʾAlī al-Sīstānī: Guiding Conduct of Pro-Government Militias in Iraq

By Marta Wojtowicz Description: The Advice and Guidance to the Fighters on the Battlefields[1] was issued by ʾAlī al-Sistānī in February 2015 and directed to the fighters involved in the campaign against ISIS, addressing the issue of their conduct in war. The fatwā is an example of humanitarian considerations in warfare framed in the terms … Continue reading ʾAlī al-Sīstānī: Guiding Conduct of Pro-Government Militias in Iraq

Legal Incapacity and the Concept of Hajr Under Iranian Law: An Analysis of Civil Code in Relation to Mental Health

By Anicée Van Engeland The Islamic Republic of Iran is not spared from the increasing number of people suffering from Alzheimer’s. Yet, Shīʿī jurisprudence provides little insight into the status of such individuals under the law. Iranian civil law addresses the matter by declaring those suffering from severe Alzheimer’s as mentally incapable, prohibiting them from … Continue reading Legal Incapacity and the Concept of Hajr Under Iranian Law: An Analysis of Civil Code in Relation to Mental Health

The Irony of Sharī’a Bans: Part III

By Haider Ala Hamoudi In my two previous posts on the matter of mahr in U.S. courts, I made the point that the enforceability of the mahr, or the nuptial payment that a groom or his family must pay to the bride as part of the marriage contract, depends on the extent to which the … Continue reading The Irony of Sharī’a Bans: Part III

Scholarship in “Plain English”: Joseph Lowry on the Prophet as Lawgiver and Legal Authority

By Cem Tecimer Abstract: Joseph Lowry elaborates on the prophetic authority of Muhammad as a lawgiver. While the Qur’ān remains the undisputed ultimate source for Muslims, Lowry draws attention to the Prophet’s exemplary behavior and especially his sayings, which have gained significant prominence in legal argumentation in Islam. As a consequence, the formal study of … Continue reading Scholarship in “Plain English”: Joseph Lowry on the Prophet as Lawgiver and Legal Authority