Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

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