The Case of Asia Bibi: Public Opinion and her Fight for Justice in Pakistan

The Asia Bibi case is one of the recent manifestations of the blasphemy laws in Pakistan. The Applicant, Asia Bibi, a Christian woman, was sentenced to death by the trial court after allegedly uttering blasphemous statements against the Prophet Mohamed to fellow Muslim field workers. Despite serious questions regarding the quality of her defense and … Continue reading The Case of Asia Bibi: Public Opinion and her Fight for Justice in Pakistan

The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya

The two cases, Nurani v. Nurani, and TSJ v. SJSR, exemplify the way in which the efficacy of the Ismāʿīlī community’s dispute resolution system is subservient to, and reliant upon its relationship with the modern nation-state. The relationship between the Ismāʿīlī community and the state is especially evident when community members, who initially submit themselves to the jurisdiction of … Continue reading The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya

Right to Counsel and the Problem of Distrust

The right to counsel is one of the constituent elements of a fair trial.[1] Iran’s judicial system has long grappled with the question whether, to ensure the basic rights of defendants, they must have unqualified access to an attorney in criminal investigations, especially for serious felonies such as national security crimes. In this post, through analyzing … Continue reading Right to Counsel and the Problem of Distrust

Malaysia and the Centralized Model of Islamic Finance Regulation

UAE and Malaysia editor Paul Lee's commentary examines Malaysia as an example of a centralized model of regulating Sharīʿah compliance in Islamic finance. "When parties seek to engage in Islamic finance in a jurisdiction, that jurisdiction must make a determination as to whether, and how, to regulate Islamic finance. Beyond those issues arising in conventional finance, Islamic … Continue reading Malaysia and the Centralized Model of Islamic Finance Regulation

Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code

Judicial review has become a cornerstone of constitutionalism globally. In Muslim countries, judicial review, despite being a rising trend, has not been robustly practiced across the region.[1] Iran is one of the countries that has had a poor record with judicial review. In the absence of a constitutional court in Iran,[2] constitutional review of legislation falls to … Continue reading Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code

Codifying Polygamy in the 1957 Moroccan Mudawwana

Earlier this year, Tunisia lifted the 1973 ban on Muslim women marrying non-Muslim men and is considering equalizing inheritance laws for men and women, on arguments that the mixed marriage ban and inheritance disparity violates the post-Arab Spring 2014 constitution calling for gender equality. This development follows in a line of earlier precedent for personal … Continue reading Codifying Polygamy in the 1957 Moroccan Mudawwana

The Dubai International Financial Centre and a Systems-Based Model for the Regulation of Islamic Finance

UAE editor Paul Lee explains how the Dubai International Financial Centre's systems-based model is one solution for creating a sharīʿa-compliant financial system. The Dubai International Financial Centre (“DIFC”) is a parallel legal system to the legal systems of the Emirate of Dubai and the UAE as provided for by a series of federal and local laws.[1] … Continue reading The Dubai International Financial Centre and a Systems-Based Model for the Regulation of Islamic Finance

The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

Islamic law is before the Supreme Court of India again, with the question of whether triple-ṭalāq is a valid way of dissolving a marriage: by a man simply pronouncing that his wife is divorced by saying that word three times. To understand where the Court might be going requires a bit of background. Following the … Continue reading The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

The Dissolution of Sharīʿa in the 1965 Moroccan Court Unification Law

During a time when there are global questions about stable Muslim-majority states that have combined Islamic law with state law, SHARIAsource editor Ari Schriber (Harvard University) convincingly demonstrates that Morocco's 1965 Court Unification Law deserves more attention, though not for the reasons one may initially suppose. In asserting independence then, Moroccan leaders paved the way … Continue reading The Dissolution of Sharīʿa in the 1965 Moroccan Court Unification Law

The Comparative Costs and Benefits of Models of Islamic Finance Regulation

Islamic finance is under increased scrutiny. Just last week, the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI) announced plans to more aggressively develop centralized standards to regulate the boards responsible for assessing sharīʿa-compliance among banks and financial institutions doing business in GCC countries. UAE editor Paul Lee provides some context. From a series … Continue reading The Comparative Costs and Benefits of Models of Islamic Finance Regulation