By Noor Zafar This commentary explores the Pakistani Supreme Court's use of the principle of "harmonious interpretation" in order to expand the Federal Shariat Court's jurisdiction. In this post, I will examine a landmark case, Abdul Waheed v. Asma Jehangir, that was brought before the Pakistani Supreme Court and decided in 2004. The Court was … Continue reading Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan
This English-language summary issued by the Acehnese government (Indonesia) explains the all-encompassing role of sharīʿa in Aceh. It clarifies that sharīʿa does not apply to non-Muslims, and that its implementation in no way repudiates human rights standards, including freedom of religion. Read the document.
This Country Profile provides a basic overview of the legal history and institutional structures of the Islamic Republic of Iran (Jomhuri-ye Eslami-ye Iran), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Iran's Constitution, Islamic law (sharīʿa or fiqh) is the principle source of legislation. Country Background Iran is located in the Middle East, bordering the … Continue reading Country Profile: Iran
This circular was drafted in response to questions raised by several Chief Justices of Indonesian religious courts (Pengadilan Agama) in relation to the execution of Shari'a Arbitration Body (Badan Arbitrase Syari'ah - Basyarnas) decisions. Citing art 60 of Law No. 30 of 1999, the circular states that Basyarnas decisions are final and binding. If, however, parties choose … Continue reading Court Document: Circular No. 8 of 2008 on Execution of Sharīʿa Arbitration Body Decisions
A document of national significance, the Police Order outlines the roles, duties, and structure of police in Pakistan. Contributed by contributor Nimra Azmi. Read here.
A Ra’y-e Esrārī (opinion issued when the lower court to which the case is remanded reiterates on the rejected decision) by the Civil Division of the Plenary Assembly of Iranian Supreme Court. According to this opinion, when the sale of pledged property by the pledgor contains a stipulation to the effect that the seller/pledgor has to pay all … Continue reading Iranian Plenary Assembly Reiteration Opinion No. 21
Earlier this year, Tunisia lifted the 1973 ban on Muslim women marrying non-Muslim men and is considering equalizing inheritance laws for men and women, on arguments that the mixed marriage ban and inheritance disparity violates the post-Arab Spring 2014 constitution calling for gender equality. This development follows in a line of earlier precedent for personal … Continue reading Codifying Polygamy in the 1957 Moroccan Mudawwana
A baby produced through medical intervention by the sperm and egg of duly wedded couples (without involving a third party) is permissible under Islamic law. However, surrogacy is not allowed because marriage is the only means through which children should be produced under Islamic law. Surrogacy is likely to give rise to innumerable legal problems regarding … Continue reading CASE: Farooq Siddiqui v. Mst. Farzana Naheed (Federal Shariat Court, Pakistan): Judgment on Surrogacy
Pakistan editor Zubair Abbasi examines the legality of surrogacy under Islamic law. In Farooq Siddiqui v Mst. Farzana Naheed, decided on 16 February 2017, the Federal Shariat Court (FSC) determined the legality of surrogacy under Islamic law. In this case note, Abbasi analyzes the judgment of the FSC on surrogacy. Based on this analysis, he argues that this judgment signifies a historical … Continue reading Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation
The Twelfth Biennial Iranian Studies Conference will be held at the University of California, Irvine from the 14-17 Aug 2018. Submission opens on 15 Jul 2017, and will continue until 15 Sep 2017, 11:59pm Pacific Time-zone. Read more.