On Mar 28, Professor Mohammad Fadel of the University of Toronto gave a lecture on "Nushuz, Lawful Discipline and Spouse Abuse in the Maliki Madhab: A History and Its Relevance to Modern Islamic Law Reform." He discussed examples of Muslim judges from Mamlūk and Andalusian courts seeking out cases of spousal abuse rather than waiting for those cases to … Continue reading Lecture Series: Spousal Abuse and Islamic Law Reform
Guest contributor Haider Hamoudi reviews Professor Intisar Rabb's, SHARIAsource founding editor-in-chief, new article in the Suffolk Law Review entitled Against Kadijustiz: On the Negative Citation of Foreign Law. Rabb focuses on how American courts have utilized inaccurate portrayals of "qāḍī justice" as antitheses to American court procedures. Hamoudi notes that this point is all the more important when one … Continue reading REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))
South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India
Guest contributor Maribel Fierro examines a scene of heterodoxy in the recently published English translation of The Ultimate Ambition. Translated from Arabic into English for the first time in full by Elias Muhanna of Brown University, The Ultimate Ambition was written in the 14th century by a retired Egyptian bureaucrat named Shihab al-Din al-Nuwayri. Fierro looks at a scene in … Continue reading Heterodoxy Among Muslim Judges: On Attempts at Jokes and Judicial Constraints
Guest contributor Jacob Olidort critically examines ISIS's claim of adherence to the doctrine of Salafism, a popular orientation among conservative Muslim clerics who attempt to model their actions on a certain vision of law and theology in the early Muslim community. Himself a scholar of modern Salafī thought, Olidort concludes that ISIS's claims are at … Continue reading Does ISIS Really Follow the Salafī Version of Islamic Law and Theology?
Guest contributor Mara Revkin outlines the legal infrastructure of ISIS. She argues that the movement's barbarism and apparently wanton acts of terrorism belies a self-contained legal system based on Islamic law – including the Islamic law of evidence. Using interviews with eighty-two Syrians and Iraqis, Revkin reconstructs how evidence is used within ISIS's purported borders. … Continue reading The Construction and Failure of Islamic Laws of Evidence in ISIS’s State-Building Project
South Asia editor Jeff Redding compares the British sharīʿa courts debate to similar debates going on in India. He examines the semantic approach of the current debate, and questions whether this approach fully encompasses the issue. Controversies over non-state Islamic dispute resolution have flared around the globe in the last several years, in sites as diverse as Canada, India, and … Continue reading A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils
UK/Europe/Southeast Asia editor Rachel Mazzarella chronicles the history of the French burkini ban and its potential efficacy. She weighs the policy options of the European Court of Human Rights and how it may attempt to integrate concepts of public safety, religious freedom, and personal beliefs in a country where recent terrorist attacks may be stressing traditional beliefs … Continue reading A Brief History of the French Burkini Ban
U.S. editor Abed Awad contextualizes a recent case in which a Muslim inmate filed suit against an American prison for failing to provide a halal meal. On August 17, 2016, the American Civil Liberties Union, on behalf of a Muslim inmate, filed suit against Boone County Sheriff. Gannon Thomas v. Boon County Sheriff, No. 1:16-cv-2189. Gannon Thomas … Continue reading Does a Muslim Inmate Have a First Amendment Right to a Halal Meal?
UAE editor Paul Lee details how Western courts have married Western and Islamic finance without compromising the principle of fair competition. The regulation of Islamic finance has generally been an area to which Western jurisdictions have devoted limited attention, and courts and regulators have been forced to step in ad hoc to fill necessary gaps. This post … Continue reading New Trends in Regulating Risk in Islamic Finance