Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Judicial Crisis in Damascus on the Eve of Baybars’s Reform: The Case of the Minor Orphan Girl (651–55/1253–57)" (Islamic Law and Society (March 23, 2022)), Mariam Sheibani (The University of Toronto Scarborough) "reconstructs a late-Ayyubid court case in Damascus that was litigated repeatedly between 651/1253 and 655/1257, five years … Continue reading Weekend Scholarship Roundup

From Child Rape to Zinā with a Child: Analysis of Consent to Sexual Intercourse and Minimum Age of Criminal Liability under Acehnese Qanun Jinayat

By Waskito Jati Having remained under the jurisdiction of the Indonesian judicial system, the codified Acehnese Islamic criminal code (Qanun Jinayat) exemplifies the intricacies of incorporating classical Islamic concepts alongside modern and secular government regulations.[1] The case being discussed in this essay is one example wherein a child rape allegation turns into an allegation of … Continue reading From Child Rape to Zinā with a Child: Analysis of Consent to Sexual Intercourse and Minimum Age of Criminal Liability under Acehnese Qanun Jinayat

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Experiencing ‘nikah Captivity’ in the West: Gendered Conflicts over Ending Muslim Marriages" (Journal of Muslims in Europe, online, September 16, 2021), Anika Liversage (The Danish Center for Social Science Research), based on a series of interviews with Muslim women, finds that second-generation Muslims in Denmark are more easily able … Continue reading Weekend Scholarship Roundup

Weekend Scholarship Roundup

In "Civil Law Principles in Fiqh of Islamic Law" (Tematics Journal of Law 14, no. 12 (December 2020)), Ayub Mukhammadiev (The Military-Technical Institute of the National Guard of the Republic of Uzbekistan) provides a brief overview of some general principles of Islamic law. In "Re-Assessing the Evidentiary Threshold for Zinā’ in Islamic Criminal Law: A … Continue reading Weekend Scholarship Roundup

Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Pakistan)

By Zainab Samantash Introduction/Summary: This Ordinance was introduced and was part of the then President, General Zia-ul-Haqś Islamization campaign, which aimed to bring the law into conformity with Islamic injunctions. It was drafted by the Council of Islamic Ideology[1] in consultation with Dr. Ma’ruf al-Dawalibi[2]. The law was prepared in Arabic and later translated into … Continue reading Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Pakistan)

A Patchwork Pakistani: Gang Rape, Jurisdiction, and the Mukhtar Mai Case

By Nimra Azmi In 1999, Pakistan passed an amendment to the 1997 Anti-Terrorism Act.[1] This Amendment listed gang rape, child molestation, and robbery coupled with rape as terrorist acts under the ATA. When the 1999 Amendment was passed, rape (zinā' bi'l jabr), which included the ATA sexual offenses, was governed by the Zina Ordinance, a … Continue reading A Patchwork Pakistani: Gang Rape, Jurisdiction, and the Mukhtar Mai Case

The Protection of Women Act vs. the Hudood Ordinance: A Federal Shariat Court Challenge

By Nimra Azmi Pakistan’s 2006 Protection of Women Act (PWA) should have been a victory for progressive Pakistani forces, a definitive end to the 1979 Hudood Ordinances’ draconian reign over rape in Pakistan.[1] The actual landscape, however, is not so clear-cut. While not commonly discussed in the narrative of Pakistani rape law, a 2010 Federal … Continue reading The Protection of Women Act vs. the Hudood Ordinance: A Federal Shariat Court Challenge

Rape & the Hudood Ordinance: A Lost Opportunity

By Nimra Azmi From 1979 until 2006, the Zina Ordinance, a subsection of the Hudood Ordinances, governed rape under Pakistani law.[1] The Hudood Ordinances were implemented during the rule of President Zia ul-Haq, who presided over the country from 1977-1988 as a military dictator. Representing a conservative Islamic orthodoxy of a Ḥanafī bent, Zia ul-Haq … Continue reading Rape & the Hudood Ordinance: A Lost Opportunity