In this post, I examine an ongoing legal custody battle between a Hindu woman, Indira Gandhi Mutho against her former husband Pathmanathan Krishnan, who converted from Hinduism to Islam in … Continue reading Malaysian Custody Cases of Children Unilaterally Converted to Islam: Indira Gandhi Mutho v. Pathmanathan Krishnan (2016)
When Fatwā Becomes Law: Examining the Fatwā’s Place in the Malaysian Islamic Legal System
In the 1997 Miss Malaysia Controversy, two contestants of the Miss Malaysia Petite Contest were fined by the Syariah (Ar. sharīʿa) High Court in Kuala Lumpur for breaching a fatwā, … Continue reading When Fatwā Becomes Law: Examining the Fatwā’s Place in the Malaysian Islamic Legal System
Islam vs. Liberalism? An Analysis of an Opinion issued by a Malaysian Fatwā Council in July 2014
This article examines the content of a fatwā issued and published into law on 31 July 2014 by the fatwā committee of a state in Malaysia named Selangor. The fatwā … Continue reading Islam vs. Liberalism? An Analysis of an Opinion issued by a Malaysian Fatwā Council in July 2014
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 … Continue reading Commentary :: The US, the UK, and the Model of Competitive Equality
Challenging a “Deviancy” Charge in a Civil Court: Sisters in Islam Files for Judicial Review against a Fatwā
On September 19th, 2016, Malaysia’s Federal High Court dismissed an application for judicial review filed by the feminist organization Sisters in Islam (SIS). The group had filed a petition for … Continue reading Challenging a “Deviancy” Charge in a Civil Court: Sisters in Islam Files for Judicial Review against a Fatwā
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 … 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 … Continue reading Commentary :: Guardian Council and the Ultimate Power
Commentary :: How Was Secularism Added to the Turkish Constitution? The Varying Rationales
By Cem Tecimer While the founding fathers of the Turkish Republic erased reference to Islam in the Constitution in early 1928, it was not until 1937 that the term “secularism” … Continue reading Commentary :: How Was Secularism Added to the Turkish Constitution? The Varying Rationales
Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence
By Marzieh Tofighi Darian This post argues that there is an excessive focus on sharīʿa-compatibility for legislation and judicial decisions in Iran. Even when a law enters into force or … Continue reading Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence
Commentary :: The Aga Khan Case: An Example of the Law’s Role in Religious Identity Formation
By Aleema Jamal The Khoja Case, also known as the Aga Khan Case, is one of the rare cases profiling the Shīʿī Imāmī Nizārī Ismāʿīlī community (henceforth “Ismāʿīlīs”). Decided in … Continue reading Commentary :: The Aga Khan Case: An Example of the Law’s Role in Religious Identity Formation