Last week’s New York Times article on “The Case of the Purloined Poultry: How ISIS Prosecuted Petty Crime” describes the implementation of Islamic criminal law in Iraq under ISIS. According to Mara Revkin of Yale University, providing open and quick access to justice was one way that ISIS tried to distinguish itself from the Iraqi government: “ISIS seemed to … Continue reading In the News: Revkin on ISIS’s Legal System
This commentary, by Waskito Jati, criticizes the prevailing opinion that non-Muslims who have been lashed in public after violating Islamic criminal law in Aceh have voluntarily surrendered to Islamic law after being given the choice of prosecution under Acehnese Qanun Jinayat, the Indonesian penal code. Article 5 (C) of the Qanun contradicts this opinion by stating … Continue reading Commentary: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law
This post, by Waskito Jati, examines the litigation process and sentencing regime for a new type of moral crime in Aceh: khalwat (when an unmarried man and woman are secluded). This act is criminalized under the new Acehnese Islamic Criminal Law (Aceh Qanun Jinayat No. 6 of 2014). The classification of khalwat as a moral crime … Continue reading Commentary: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”
The respondent was charged before the High Court of Kano State for the offense of homicide under the Kano State Sharia Penal Code Law 2000. Arguing that only sharīʿa courts are competent to try offenses arising under the Sharia Penal Code, the respondent challenged the jurisdiction of the High Court to hear the matter. The … Continue reading Contemporary Primary Sources: Kano State v. Lami Adamu: Ruling on the High Court’s Competence to Apply the Sharia Penal Code
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.
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’
On July 28, 1958, the colonial government of the Northern Region of Nigeria appointed a panel of jurists to examine the multiple systems of law existing in the region and to make recommendations for avoiding conflict among those plural systems. The multiple systems of law were English common law, British colonial statutory law, customary law, … Continue reading Historical Primary Sources: Report of the Panel of Jurists Appointed by the Northern Region Government to Examine the Legal and Judicial Systems of the Region
A document of national significance, the Police Order outlines the roles, duties, and structure of police in Pakistan. Contributed by contributor Nimra Azmi. Read here.
According to the Penal Code of 1960, criminal laws purportedly based on sharīʿa ceased to exist in Northern Nigeria. In 2000, twelve states of Northern Nigeria sought to reintroduce Islamic criminal law, which had been partially in place prior to the 1960 law reforms. Besides the enactment of penal codes, these states enacted several laws designed to … Continue reading New Resource: Compendium on Islamic Criminal Laws of Northern Nigeria
Student editor Noor Zafar examines how the Federal Shariat Court of Pakistan expanded its jurisdiction through its interpretation of "injunctions of Islam." In the “Islamization of Prison Laws” judgment of 2009, the Federal Shariat Court of Pakistan (FSC) expands its original jurisdiction by broadly construing the term “injunctions of Islam.” It construes the term to both … Continue reading Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction