Weekend Scholarship Roundup

In "The Status of Restorative Justice in Pakistani Legal System: An Analysis of Pakistani Laws With Special Reference to Certain Case Studies," Islamic Law & Law of the Muslim World eJournal, Nagina Riaz and Sohail Amjad capture the traces of the Restorative Justice System found in the form of arbitration and mediation groups known as the … Continue reading Weekend Scholarship Roundup

In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate

Islamic law has official jurisdiction of operation in Egypt, where personal status laws regulate matters such as marriage, divorce, and child custody. Like many such countries, Egypt is trying to reform its divorce law. One of its approaches has been to address the financial ramifications of divorce; Egyptian authorities took steps last month to address the country’s climbing divorce rate. … Continue reading In the News: Egypt Proposes Bill to Address Financial Questions of Climbing Divorce Rate

Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

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India’s legislature has criminalized instant divorce (triple ṭalāq) through the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This piece of legislation is a result of the Supreme Court judgment in the Shayara Bano case two years ago. In this judgment, the Court declared the practice of triple ṭalāq a violation … Continue reading Commentary :: Criminalization of Triple Ṭalāq in India: A Dilemma for Religiously Divorced but Legally Married Muslim Women

Islamic Law Scholars’ Round-Up: Apr 8

Last month, Asifa Quraishi-Landes and Nadia B. Ahmad published an article in the Washington Post discussing five common misconceptions about the ḥijāb. In addition, Zubair Abassi was quoted in an Al Jazeera article on the experiences of Pakistani women seeking divorces in the country’s family courts. (See also Abbasi’s 2017 SHARIAsource commentary comparing women’s right … Continue reading Islamic Law Scholars’ Round-Up: Apr 8

Recent Scholarship: Abbasi on Islamic Divorce Law

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The latest issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes the following article by SHARIAsource South Asia Editor Zubair Abbasi: "From Faskh to Khula: Transformation of Muslim Women’s Right to Divorce in Pakistan (1947-2017)" In the article, Abbasi traces the transformation of women's right to divorce in Pakistani courts over … Continue reading Recent Scholarship: Abbasi on Islamic Divorce Law

In the News: Triple Ṭalāq Criminalized in India

About three months ago, the Indian government formally criminalized “triple ṭalāq” divorce—an instant and irrevocable divorce under some versions of Islamic law where a husband can unilaterally divorce his wife by saying the word ṭalāq (divorce) three times. The Supreme Court of India had ruled last August that the practice of “triple ṭalāq” was unconstitutional. … Continue reading In the News: Triple Ṭalāq Criminalized in India

FEATURE :: Roundtable on Pakistan’s Landmark Blasphemy Case: Asia Bibi v. The State (2018)

Three scholars of Islamic constitutionalism and law consider the Pakistan Supreme Court's recent decision on Asia Bibi v. The State, the blasphemy case that has drawn widespread international attention since 2010. Last month the Pakistan Supreme Court acquitted Asia Bibi of blasphemy charges, bringing Asia Bibi v. The State to a judicial conclusion. Asia Bibi's … Continue reading FEATURE :: Roundtable on Pakistan’s Landmark Blasphemy Case: Asia Bibi v. The State (2018)

Reasserting the Authority of State: Comment on Asia Bibi v The State

Editor Zubair Abbasi comments on the Pakistan Supreme Court decision for Asia Bibi v. The State. The Pakistan Supreme Court's decision to acquit Asia Bibi of blasphemy charges brought forth questions about evidence, judicial independence, procedure, and the state's authority in matters of law and religion. Summary While acquitting Asia Bibi after finding inconsistencies in the statements … Continue reading Reasserting the Authority of State: Comment on Asia Bibi v The State

Recent Scholarship: Cheema and Abbasi on Islamic Family Law in Pakistan

Shahbaz Ahmad Cheema and SHARIAsource South Asia Editor Zubair Abbasi have written a paper on the role of the 150-year-old Lahore High Court—which has jurisdiction over Pakistan’s most populous province of Punjab—in developing progressive Islamic family law in the country. "Contribution of the Lahore High Court in the Development of Islamic Family Law in Pakistan" … Continue reading Recent Scholarship: Cheema and Abbasi on Islamic Family Law in Pakistan

Round-up on Triple Ṭalāq

SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India)  In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim … Continue reading Round-up on Triple Ṭalāq