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 in that it stated that the Caliphate was abolished because that institution was inherent to the State and the Republic, thus almost justifying its abolishment … 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 focus on citations of “positive” models, that is, models to which the jurisdiction citing them aspires.[1] Professor Scheppele pluralizes the universe of citations by adding … 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 its Ottoman predecessor, also adopted the Swiss Code of Obligations laying out the law of contracts.[2] Both of these legal transplants were part of a … 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 being given the choice of prosecution under Acehnese Qanun Jinayat, the Indonesian penal code. Article 5 (C) of the Qanun contradicts this opinion by stating … 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. This status gives Aceh the right to implement Islamic law in its region, including Islamic criminal law. The events following the formation of the sharīʿa … 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 act is criminalized under the new Acehnese Islamic Criminal Law (Aceh Qanun Jinayat No. 6 of 2014). The classification of khalwat as a moral crime … 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. In this case, “AM and her husband RS have been accused of committing khalwat (Ar. khalwa, the act of being in a secluded place between … Continue reading Commentary :: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

Commentary :: The US, the UK, and the Model of Competitive Equality

This commentary, by SHARIAsource U.A.E. and Malaysia editor Paul Lee, examines the U.S. and the U.K. as an example of a model of competitive equality for the regulation of sharīʿa compliance in Islamic finance. The regulation of Islamic finance has generally been an area to which Western jurisdictions have devoted limited attention, and courts and regulators have … Continue reading Commentary :: The US, the UK, and the Model of Competitive Equality

Commentary :: Minority Religious Legal Identity within the Modern Nation State: A Case Study of the Ismāʿīlī Constitution

By Aleema Jamal In 1986, the Aga Khan IV promulgated a global Ismāʿīlī Constitution, which brought the social governance of the Ismāʿīlī community under one umbrella. It was envisioned as a document that could harness the best in individual creativity while creating an ethos of group responsibility. The Ismāʿīlī Constitution provides an example of the … Continue reading Commentary :: Minority Religious Legal Identity within the Modern Nation State: A Case Study of the Ismāʿīlī Constitution

Commentary :: Guardian Council and the Ultimate Power

By Marzieh Tofighi Darian This post analyzes the self-proclaimed power of Iran’s Guardian Council to strike down previously approved laws due to claims of inconsistency with sharīʿa. In order to contextualize this problem, I analyze a recent opinion of the Guardian Council that nullified the results of recent elections, on grounds that a law legalizing membership … Continue reading Commentary :: Guardian Council and the Ultimate Power