Contributed by Katherine Gonzalez. On March 6, 2017, President Donald J. Trump issued a revised Executive Order which barred, with certain exceptions, entry to the United States of nationals from six predominantly Muslim countries, suspended the entry of refugees for 120 days, and reduced the number of refugees who can be admitted to the United … Continue reading Case Note: Sarsour v. Trump (E.D. Va. 2017): Upholding the “Muslim Ban” 2.0
Policy Roundtable :: Understanding Sharia: Implications for Policy and Conflict Resolution | Tues, Dec 13 | 12.00 noon-1.45p. Co-sponsored by Harvard Law School, Islamic Legal Studies Program: SHARIAsource and the United States Institute of Peace. Intisar Rabb, Founding Editor-In-Chief, SHARIAsource, Professor of Law, HLS Leila Mooney, Senior Program Officer, Center for Governance, Law and Society, … Continue reading IN SUMMARY:: Policy Roundtable: Understanding Sharīʿa: Implications for Policy and Conflict Resolution
Islamic finance is under increased scrutiny. Just last week, the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI) announced plans to more aggressively develop centralized standards to regulate the boards responsible for assessing sharīʿa-compliance among banks and financial institutions doing business in GCC countries. UAE editor Paul Lee provides some context. From a series … Continue reading The Comparative Costs and Benefits of Models of Islamic Finance Regulation
On election day 2016, Professor Intisar Rabb, SHARIAsource founding editor-in-chief, reflects on the notion of “civil rights sharīʿa”: the role that Islamic law has historically played in honoring and pressing for shared commitments to justice and equality under the law. Modern American history already exemplifies this notion in the legacy of boxing legend Muhammad Ali, who died as … Continue reading ELECTION DAY 2016 :: Civil Rights Sharīʿa and the Elections as a Part of the American Political Process
South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India
Guest contributors Vidusha Mardi and Bhaira Acharya examine issues of privacy and the state in Islamic law with the baseline argument that privacy is the default rule in Islamic law and that the public sphere, into which the state may intrude, is the exception to this rule. As they put it, Islamic law recognizes that "every society [must] impose certain requirements … Continue reading Privacy in Islamic Law in the Modern State
Osama Siddique, the Henry J. Steiner Visiting Professor in Human Rights at Harvard Law School, led a discussion on Friday, September 30th at the International and Comparative Law Workshop on the link between failures in legal institutions and the rise of the Taliban in the Swat region in Pakistan. The discussion was based on research … Continue reading IN SUMMARY :: The Other Pakistan: Special Laws, Diminished Citizenship, and the Gathering Storm (Workshop with Osama Siddique)
Guest contributor Jennifer Selby uses the recent case of Rania El-Alloul in Quebec, Canada to situate an ongoing debate at the intersection of secularism and religious freedom. Citing her courtroom as a "secular space," Quebec provincial court judge Eliana Marengo dismissed Rania El-Alloul from her courtroom for wearing a hijab. Selby examines the legality of this action by appealing to … Continue reading CASES TO WATCH: Can a Judge Determine Acceptable Religious Attire in a Canadian Courtroom?
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?
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