Does Islamic Law Support Human Cloning?

In 1983 at its Third Islamic Summit Conference, the Organization of Islamic Cooperation founded the International Islamic Fiqh Academy (“IIFA”).[1]  Based in Jeddah, Saudi Arabia, the IIFA is tasked with … Continue reading Does Islamic Law Support Human Cloning?

Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

By Cem Tecimer Summary and context: In 1924, Turkey abolished the Ottoman Caliphate through a statute numbered 431, or Law No. 431. The construction of the statute was somewhat ambiguous … Continue reading Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

By Cem Tecimer Professor Kim Lane Scheppele has convincingly drawn attention to the fact that most legal scholarship on citations of foreign law by supreme or constitutional courts tends to … Continue reading Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

By Cem Tecimer In 1926, the young Turkish Republic abandoned its codified Islamic personal status law and replaced it with the secular Swiss Civil Code.[1] The new republican government, replacing … Continue reading Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

Commentary :: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law

This commentary, by Waskito Jati, criticizes the prevailing opinion that non-Muslims who have been lashed in public after violating Islamic criminal law in Aceh have voluntarily surrendered to Islamic law after … Continue reading Commentary :: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law

Commentary :: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System

This commentary, by Waskito Jati, discusses the formation of the new sharīʿa court (mahkamah syar’iyah) following the granting of the special region status to the province of Aceh, Indonesia, in 1999. … Continue reading Commentary :: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System

Commentary :: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

This post, by Waskito Jati, examines the litigation process and sentencing regime for a new type of moral crime in Aceh: khalwat (when an unmarried man and woman are secluded). This … Continue reading Commentary :: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

Commentary :: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

The distinction between state law and religious law remains administratively murky in many countries. Student editor Waskito Jati illustrates how a current case in Aceh, Indonesia, exemplifies the legal ambiguities. … Continue reading Commentary :: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System