Round Table :: Tunisian Inheritance Law Reform

Katarzyna Sidło (Center for Social and Economic Research) organized a PIL Forum Roundtable on the Tunisian president Beji Caid Essebsi's 2017 proposal to amend inheritance laws. She introduces the Roundtable by noting that, under the country’s current Personal Status Code – passed in 1956 – Tunisian citizens may not “allocate their inheritance freely and must … Continue reading Round Table :: Tunisian Inheritance Law Reform

Thoughts on the Draft Tunisian Inheritance Reform Legislation

Mohammad Fadel (University of Toronto, Faculty of Law) takes a pragmatic approach that helps explain why Tunisian president Beji Caid Essebsi’s 2017 proposal to amend Tunisian inheritance laws has raised so much controversy: "While the new law, if implemented, may not make a substantial tangible difference in people’s lives – especially given the ease with … Continue reading Thoughts on the Draft Tunisian Inheritance Reform Legislation

Because They “Spend of Their Property” No More? An Economic Perspective on Inheritance Rights

Katarzyna Sidło's (CASE - Center for Social and Economic Research) analysis of the Tunisian president Beji Caid Essebsi's 2017 proposal to amend Tunisian inheritance laws examines the issue with an economic lens. The common argument defending the traditional rules and upholding this type of legal gender discrimination in Tunisia is an interpretation of a Qurʾānic … Continue reading Because They “Spend of Their Property” No More? An Economic Perspective on Inheritance Rights

Islamic Law Scholars’ Round-Up: Apr 8

Last month, Asifa Quraishi-Landes and Nadia B. Ahmad published an article in the Washington Post discussing five common misconceptions about the ḥijāb. In addition, Zubair Abassi was quoted in an Al Jazeera article on the experiences of Pakistani women seeking divorces in the country’s family courts. (See also Abbasi’s 2017 SHARIAsource commentary comparing women’s right … Continue reading Islamic Law Scholars’ Round-Up: Apr 8

Lecture Series: Spousal Abuse and Islamic Law Reform

On Mar 28, Professor Mohammad Fadel of the University of Toronto gave a lecture on "Nushuz, Lawful Discipline and Spouse Abuse in the Maliki Madhab: A History and Its Relevance to Modern Islamic Law Reform." He discussed examples of Muslim judges from Mamlūk and Andalusian courts seeking out cases of spousal abuse rather than waiting for those cases to … Continue reading Lecture Series: Spousal Abuse and Islamic Law Reform

Recent Scholarship: Child Law in the Gulf

The latest issue of Brill’s Hawwa: Journal of Women of the Middle East and the Islamic World includes an article by Lena-Maria Möller on the development of family law in Gulf Cooperation Council (GCC) countries. “Family Law in the GCC and the Best Interests of the Child: The Multiple Meanings of a Vague Legal Concept” … Continue reading Recent Scholarship: Child Law in the Gulf

Recent Scholarship: Abbasi on Islamic Divorce Law

The latest issue of SSRN's Islamic Law & Law of the Muslim World eJournal includes the following article by SHARIAsource South Asia Editor Zubair Abbasi: "From Faskh to Khula: Transformation of Muslim Women’s Right to Divorce in Pakistan (1947-2017)" In the article, Abbasi traces the transformation of women's right to divorce in Pakistani courts over … Continue reading Recent Scholarship: Abbasi on Islamic Divorce Law

Recent Scholarship: Special Journal Issue on Khulʿ

The latest issue of Brill's Islamic Law and Society explores khulʿ practices in the modern world. Khulʿ is a type of Islamic divorce procedure. Although it usually refers to a type of divorce initiated by the wife, the articles below highlight many regional differences, including in the role of the husband and the role of … Continue reading Recent Scholarship: Special Journal Issue on Khulʿ

European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law

Last week, the European Court of Human Rights (which examines alleged violations of the 1950 European Convention on Human Rights) handed down its long-anticipated decision in Molla Sali v. Greece, a case about Islamic legal pluralism in Europe and the rights of religious minorities. Stay tuned to the SHARIAsourceBlog for a roundtable discussion on this … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law

In the News: Triple Ṭalāq Criminalized in India

About three months ago, the Indian government formally criminalized “triple ṭalāq” divorce—an instant and irrevocable divorce under some versions of Islamic law where a husband can unilaterally divorce his wife by saying the word ṭalāq (divorce) three times. The Supreme Court of India had ruled last August that the practice of “triple ṭalāq” was unconstitutional. … Continue reading In the News: Triple Ṭalāq Criminalized in India