This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Turkey (Turkiye Cumhuriyeti), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Turkey's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. Country Background Turkey is located in the Middle East/Southeastern Europe. It is bounded by Greece, … Continue reading Country Profile: Turkey
In chapter two of Justice and Leadership in Early Islamic Courts, Hossein Modarressi examines procedural differences between criminal and ordinary courts during the ʿAbbāsid period. Read the chapter.
In chapter one of Justice and Leadership in Early Islamic Courts, Ahmed El Shamsy examines selected criteria used to exclude the testimony of certain types of witnesses in Islamic courts of the second century AH / eighth century CE. Specifically, the chapter seeks to make three points: 1. In the early second century, Muslim judges presiding over … Continue reading Commentary: The Logic of Excluding Testimony in Early Islam
An Arab Muslim professor sued his former employer, Saint Francis College, under Title VII, §1981, §1983, §1985(3), §1986, and the Pennsylvania Human Rights Act, alleging that the College denied him tenure because he was an Arab Muslim. At the trial level, the U.S. District Court for the Western District of Pennsylvania granted the College’s motion … Continue reading Islamic Law in U.S. Courts: Al-Khazraji v. Saint Francis College (3d Cir. 1986): Denial of Tenure on Basis of Racial Discrimination
This Country Profile provides a basic overview of the legal history and institutional structures of the Syrian Arab Republic (Al Jumhuriyah al Arabiyah as Suriyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Syria's Constitution, Islamic law (sharīʿa or fiqh) has legal status. Country Background Syria is a country located in the Middle East, … Continue reading Country Profile: Syria
This entry provides a definition and analysis of the term ijtihād, drawing on works by SHARIAsource Senior Scholar Sherman A. Jackson, King Faisal Chair in Islamic Thought and Culture and Professor of Religion and American Studies and Ethnicity at the University of Southern California. Context When Islamic law was in its infancy, scholars relied solely on … Continue reading Islamic Law Lexicon :: Ijtihād: the direct interpretation of scripture
This commentary, by SHARIAsource Southeast Asia editor Jeff Redding, explains crucial aspects of the 2014 Indian Supreme Court decision in Vishwa Lochan Madan v. Union of India, arguing that this highly-anticipated and long-delayed opinion left much unresolved about whether non-state Muslim legal actors have a role, along with state courts, in announcing and enforcing Muslim Personal … Continue reading Commentary: Vishwa Lochan Madan v. Union of India (2014) and the Uncertain Boundaries of Muslim Personal Law in India
Decided by the Supreme Court of India, Vishwa Lochan Madan v. Union of India decreed that fatwas issued by sharīʿa courts hold no legal leverage. Read the case.
This commentary, by SHARIAsource Morocco editor Ari Schriber, argues that the negative political ramifications of prosecuting the Baha’is in 1962 led the state to limit the scope of Islamic discourse in Moroccan law. In 1962, a Moroccan criminal court convicted fourteen Baha’is accused of attacking religious convictions and attacking public order (among other charges). Most … Continue reading Commentary: The Limits of State Religion in the Moroccan ‘Baha’i Affair’
This commentary, by SHARIAsource U.A.E. and Malaysia editor Paul Lee, examines the U.S. and the U.K. as an example of a model of competitive equality for the regulation of sharīʿa compliance in Islamic finance. The regulation of Islamic finance has generally been an area to which Western jurisdictions have devoted limited attention, and courts and regulators have … Continue reading Commentary: The US, the UK, and the Model of Competitive Equality