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)

The Asia Bibi Blasphemy Law Case in Pakistan: Winning the Battle, Losing the War

Editor Rachel Mazzarella 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. On October 8, 2018, the Supreme Court of Pakistan vacated … Continue reading The Asia Bibi Blasphemy Law Case in Pakistan: Winning the Battle, Losing the War

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

Asia Bibi v. The State: Problems of Evidence and Procedure in Pakistan

Guest contributor Imran Ahmed 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. The Supreme Court ruling in the case against Asia … Continue reading Asia Bibi v. The State: Problems of Evidence and Procedure in Pakistan

In the News: Revkin on ISIS’s Legal System

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

Commentary: The Myth of Voluntary Surrendering to Islamic Law: An Analysis of the Lashing of Non-Muslims Under the Acehnese Islamic Criminal Law

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

Commentary: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

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”

Contemporary Primary Sources: Kano State v. Lami Adamu: Ruling on the High Court’s Competence to Apply the Sharia Penal Code

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

Commentary: The Limits of State Religion in the Moroccan ‘Baha’i Affair’

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’