Islamic Law in the News Roundup

This Ramadan, because the duration of the fast varies from city to city based on dawn-to-dust time,  the Russian city of Murmansk has the longest fasting time - a total of 18 hours. Standard Bank announced that it launched its first shar'īa discretionary trust offering. Legal experts from the UAE recently stated that a person … Continue reading Islamic Law in the News Roundup

Talāq, Sex Equality, and Due Process

By Limeng Sun This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Case Summary: The Maryland Court of Appeals, the state’s highest court, in a case of first impression, held that the enforcement of a talāq … Continue reading Talāq, Sex Equality, and Due Process

The California Court of Appeal In re the Marriage of Turfe

By Iman Abdulkadir Mohamed The California Court of Appeal In re the Marriage of Turfe,[1] examined a novel legal theory made by a Muslim husband that claimed that he was induced to marry his wife because, by executing the Islamic marriage contract, the wife had agreed that her property rights in the event of divorce … Continue reading The California Court of Appeal In re the Marriage of Turfe

WLC v. President of the Republic & Others (South Africa)

By Hannah Hess Facts: Apartheid-era South African courts historically denied recognition to marriages conducted according to Islamic rites, since such unions were perceived as contrary to accepted social customs. Until today, Muslim marriages remain unrecognized under the Marriage Act 25 of 1961, the Divorce Act 70 of 1979, or the Customary Marriage Act 120 of … Continue reading WLC v. President of the Republic & Others (South Africa)

Fatwās on Khul‘

By Mubasher Hussain Background: “Munshi Buzul-ul-Raheem case ruled upon in 19[??], in which the Judicial Committee of the Privy Council (the highest court then) decided that the khul‘-divorce was not available without the consent of the husband under Islamic law. However, in the Balqis Fatima v. Najm-ul-Ikram Qureshi case, the Lahore High Court ruled for … Continue reading Fatwās on Khul‘