SYMPOSIUM :: On “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office

Response #1: Blurred Boundaries; Muddied Waters or Multiculturalism Gone Astray? Some reflections on The Independent Review into the application of Sharia law in England and Wales.[1] By Shaheen Sardar Ali Professor of Law, University of Warwick The Independent Review into the application of Sharia law in England and Wales[2] was presented to the UK Parliament … Continue reading SYMPOSIUM :: On “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office

Gender Issues Are a National Problem, Not Just a Muslim Problem: A Response to Baroness Cox’s Statement

Guest contributor Hadeer Soliman counters Baroness Cox's statement proposing Amernment 219(C) to the Policing and Crime Bill. This bill "would require celebrants of religious marriages to take all reasonable steps to ensure that the marriage complies with the marriage laws of England and Wales. Baroness Cox, a cross-bench member of the UK House of Lords, recently proposed … Continue reading Gender Issues Are a National Problem, Not Just a Muslim Problem: A Response to Baroness Cox’s Statement

The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India

South Asia editor Zubair Abbasi surveys the influence of England’s Privy Council – also known as the British Judicial Committee of the Privy Council – on awqāf (Islamic endowments, or trusts). As the highest court of appeal in the British Empire, "[t]he Privy Council contributed towards the development of several legal principles in Islamic endowment law," in attempts to standardize law throughout the colonies. Its jurisprudence in turn … Continue reading The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India

CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

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

IN SUMMARY :: The Other Pakistan: Special Laws, Diminished Citizenship, and the Gathering Storm (Workshop with Osama Siddique)

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)

A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils

South Asia editor Jeff Redding compares the British sharīʿa courts debate to similar debates going on in India. He examines the semantic approach of the current debate, and questions whether this approach fully encompasses the issue. Controversies over non-state Islamic dispute resolution have flared around the globe in the last several years, in sites as diverse as Canada, India, and … Continue reading A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils

New Trends in Regulating Risk in Islamic Finance

UAE editor Paul Lee details how Western courts have married Western and Islamic finance without compromising the principle of fair competition. The regulation of Islamic finance has generally been an area to which Western jurisdictions have devoted limited attention, and courts and regulators have been forced to step in ad hoc to fill necessary gaps. This post … Continue reading New Trends in Regulating Risk in Islamic Finance