This fatwā considers that, as a result of traveling internationally, people may miss Friday (i.e., depart on a Thursday and arrive on a Saturday). Pursuant to the Ḥanbalī school of thought, however, all persons aboard ships and aircraft are to perform Friday congregational prayers. These prayers are only to be performed on Friday: If, as … Continue reading Contemporary Primary Sources: Indonesian Council of Ulama Fatwā on Friday Prayers for Travelers Aboard Ships and Aircraft
Contemporary Primary Sources: Banjarmasin (Indonesia) Municipal Regulation No. 13 of 2003 on Prohibited Activities During Ramadan
This regional regulation prohibits places of entertainment, restaurants, kiosks (warung, rombong), and the like, from opening during the month of Ramadan. It similarly prohibits eating, drinking and/or smoking in restaurants, kiosks, and the like, from sunrise to sundown. Exceptions to the rule are: Restaurants opening from 5 pm preparing to serve patrons breaking the fast; Markets … Continue reading Contemporary Primary Sources: Banjarmasin (Indonesia) Municipal Regulation No. 13 of 2003 on Prohibited Activities During Ramadan
Country Profile: Indonesia
This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Indonesia (Republik Indonesia), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Indonesia's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. However, one province—Aceh Province—has established Islamic law formally within its jurisdiction. Country Background Indonesia is located … Continue reading Country Profile: Indonesia
Commentary: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System
This commentary, by Waskito Jati, discusses the formation of the new sharīʿa court (mahkamah syar’iyah) following the granting of the special region status to the province of Aceh, Indonesia, in 1999. This status gives Aceh the right to implement Islamic law in its region, including Islamic criminal law. The events following the formation of the sharīʿa … Continue reading Commentary: The Authority and Jurisdiction of the Acehnese Mahkamah Syar’iyah Within the Indonesian Justice System
Contemporary Primary Sources :: The Chief Justice of the Indonesian Supreme Court Decree No. 70 of 2004: Relegation of Authority to Acehnese Mahkamah Syar’iyah
The expansion of the authority of the Court of Religion in Aceh and the subsequent change of its name to Mahkamah Syar’iyah has created an overlap of jurisdiction in the processing of civil and criminal cases. This was due to the granting of the special province status for Aceh in 1999 which entails the right … Continue reading Contemporary Primary Sources :: The Chief Justice of the Indonesian Supreme Court Decree No. 70 of 2004: Relegation of Authority to Acehnese Mahkamah Syar’iyah
SHARIAsource Selects 2018-2019 Visiting Fellow
ILSP: SHARIAsource is very pleased to announce that Mariam Sheibani will be joining us for the 2018-2019 academic year as a Visiting Fellow. We are excited to support her project Islamic Law in an Age of Crisis and Consolidation: ‘Izz al-Dīn Ibn ‘Abd al-Salām and the Ethical Turn in Medieval Islamic Law. While this year’s … Continue reading SHARIAsource Selects 2018-2019 Visiting Fellow
Islamic Law in U.S. Courts: McDaniels v. Elfo (W.D. Wash. 2013): Religious Accommodations for Prisoners
Plaintiff Peter McDaniels sued various prison officials, alleging that they intentionally failed to provide him with pre-sunrise meals during Ramadan and with an Eid al-Fitr meal at the conclusion of Ramadan, in violation of his First Amendment rights to free exercise of religion. The Plaintiff also contended that the lack of provision of ḥalāl meat … Continue reading Islamic Law in U.S. Courts: McDaniels v. Elfo (W.D. Wash. 2013): Religious Accommodations for Prisoners
SHARIAsource Welcomes New Editors
SHARIAsource is pleased to welcome the following new editors: Mohammad Abderrazzaq Harvard University Emily O'Dell Yale Law School Sohair Omar Yemen Aid Jafar Shokrolah Zadeh SUNY Binghamton Katarzyna Sidło Center for Social and Economic Research (CASE) These five scholars will be researching and commenting on a wide range of topics related to Islamic law, including … Continue reading SHARIAsource Welcomes New Editors
Country Profile: Japan
This Country Profile provides a basic overview of the legal history and institutional structures of Japan (Nihon-koku/Nippon-koku), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Japan's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. Country Background Japan is an island chain located in East Asia. It is east of the Korean Peninsula, … Continue reading Country Profile: Japan
Islamic Law in U.S. Courts: Easterling v. Pollard (7th Cir. 2013): Prisoner’s Complaint Over Ramadan Start Date
Petitioner Kofi Easterling, an inmate at Green Bay Correctional Institution (GBCI), filed suit against the Respondents, various prison officials, alleging that they ignored the Petitioner's instructions as to when Ramadan began. The Petitioner claimed that the Respondents’ Ramadan date violated his religious beliefs under the First Amendment and RLUIPA. In the District Court, the Respondents … Continue reading Islamic Law in U.S. Courts: Easterling v. Pollard (7th Cir. 2013): Prisoner’s Complaint Over Ramadan Start Date