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’

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

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

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?