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

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 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 … Continue reading Commentary :: The Case of Asia Bibi: Public Opinion and her Fight for Justice in Pakistan

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

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

Commentary :: Right to Counsel and the Problem of Distrust

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 new Criminal Procedure Code in 2014 (amended in 2015). I argue that the legislature missed a unique chance to address its long-time practice of ignoring … Continue reading Commentary :: Right to Counsel and the Problem of Distrust

Commentary :: 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 sharīʿa 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, … Continue reading Commentary :: Malaysia and the Centralized Model of Islamic Finance Regulation

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

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 uses its authority in preserving and promoting sharīʿa and/or the Constitution and considers whether there are ways by which the Council can improve its work and enhance … Continue reading Commentary :: Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code

Commentary :: 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 Commentary :: Codifying Polygamy in the 1957 Moroccan Mudawwana

Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

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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 construes the term to both include general Islamic principles and “the letter and the spirit” of said principles. This latter construction also gives the FSC … Continue reading Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

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

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

Commentary :: 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 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 for a … Continue reading Commentary :: The Dissolution of Sharīʿa in the 1965 Moroccan Court Unification Law