An incubator for Harvard student work on Islamic law throughout an academic term, under the supervision of Professor Intisar Rabb at Harvard Law School. Students spend a semester doing a dive deep into a subject of their choice based on new or historical cases, fatwās, or other sources of law. They place the content in context, sometimes with the assistance of machines. We post the results.
By Aleema Jamal 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 … Continue reading Commentary :: The Case of Asia Bibi: Public Opinion and her Fight for Justice in Pakistan
By Aleema Jamal 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 … Continue reading Commentary :: The Ismāʿīlī Constitution and the Modern Nation-State: A Case Study of Dispute Resolution in Kenya
By Marzieh Tofighi Darian This commentary traces the evolution of the right to counsel in criminal investigations in Iran’s Criminal Procedure Code, as highlighted in the process of drafting Iran’s … Continue reading Commentary :: Right to Counsel and the Problem of Distrust
UAE and Malaysia editor Paul Lee's commentary examines Malaysia as an example of a centralized model of regulating sharīʿa compliance in Islamic finance. When parties seek to engage in Islamic finance … Continue reading Commentary :: Malaysia and the Centralized Model of Islamic Finance Regulation
By Marzieh Tofighi Darian This commentary analyzes the jurisprudence of the Guardian Council in reviewing Iran’s recently adopted Criminal Procedure Code 2014 (amended in 2015). It evaluates how the Council … Continue reading Commentary :: Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code
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 … Continue reading Commentary :: Codifying Polygamy in the 1957 Moroccan Mudawwana
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In the “Islamization of Prison Laws” judgment[1] of 2009, the Federal Shariat Court of Pakistan[2] (FSC) expands its original jurisdiction by broadly construing the term “injunctions of Islam.”[3] It … Continue reading Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction
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 … Continue reading Commentary :: The Dubai International Financial Centre and a Systems-Based Model for the Regulation of Islamic Finance
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 … Continue reading Commentary :: The Danial Latifi Case and the Indian Supreme Court’s Balancing Act
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 convincingly demonstrates that Morocco's 1965 Court … Continue reading Commentary :: The Dissolution of Sharīʿa in the 1965 Moroccan Court Unification Law
