New Resource: Compendium on Islamic Criminal Laws of Northern Nigeria

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

Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

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[1] of 2009, the Federal Shariat Court of Pakistan[2] (FSC) expands its original jurisdiction by broadly construing the term “injunctions of Islam.[3]” 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

REVIEW: Privacy in Islamic Legal History (A Review of Christian Lange, “Privacy in Islamic Law” (2009))

Utrecht University's Chair of Arabic and Islamic Studies Christian Lange takes a historical view on the question of privacy in Islamic law. On his review of the medieval discussions of privacy, he notes that they arise mainly in the domain of the private sphere of the family and sometimes have trickle-down effects into the criminal law arena. "Norms, … Continue reading REVIEW: Privacy in Islamic Legal History (A Review of Christian Lange, “Privacy in Islamic Law” (2009))

Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?

Professor Intisar Rabb and Iran editor Marzieh Tofighi Darian analyze changes made to statutes defining juvenile crimes and punishment under Iran's new Islamic Penal Code, passed in 2013. The Code follows a traditional dichotomy between ḥudūd fixed crimes and qiṣāṣ retaliatory scheme (which are directly incorporated from classical Islamic law interpretations of criminal law into … Continue reading Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?

Does ISIS Really Follow the Salafī Version of Islamic Law and Theology?

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?

The Construction and Failure of Islamic Laws of Evidence in ISIS’s State-Building Project

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

The Limits of State Religion and Non-Muslim Minorities: The Moroccan ‘Baha’i Affair’ of 1962

Amidst the tensions raised by Islamic constitutional states as they deal with non-Muslim minorities, worth considering is how Muslim-majority states have resolved the issue in the past. Morocco editor Ari Schriber considers the political ramifications of Islamic laws governing religious minorities in an episode that faced Morocco as it gained independence: Morocco's 1962 Baha'i Affair. Morocco's then-recent independence heralded a … Continue reading The Limits of State Religion and Non-Muslim Minorities: The Moroccan ‘Baha’i Affair’ of 1962

CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd

Guest writer Noor Zafar writes on how the Federal Sharia Court of Pakistan used Pakistan's Protection of Women Act of 2006 as part of its efforts to broaden its jurisdiction by reassessing the definition of hudud crimes. Though the Court used this new definition to regain some of the control it had under the Hudud Ordinances of 1979, the … Continue reading CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd