Islamic Law & Law of the Muslim World eJournal: Jan 11th

This week’s issue of the Islamic Law & Law of the Muslim World eJournal includes: "Is Islam Incompatible with European Identity?" by Wojciech Brzozowski This article examines "whether following the rules of Islam in everyday life (e.g. wearing of religious clothing and symbols, respecting gender equality, exercising parental rights) can be reconciled with the Western … Continue reading Islamic Law & Law of the Muslim World eJournal: Jan 11th

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

SHARIAsource Editors and Senior Scholars’ Round Up: Aug 20th

SHARIAsource Early Abbasid Iraq and Iran Editor Nahed Samour moderated a discussion at the Jewish Museum in Berlin on tolerance of criticism in Judaism and Islam. Meanwhile, an op-ed in The Indian Express on the public debate in India over whether sharīʿa councils should be banned referenced SHARIAsource Southeast Asia and Pakistan Editor Jeff Redding’s … Continue reading SHARIAsource Editors and Senior Scholars’ Round Up: Aug 20th

Recent Scholarship: Chaudhry on Islamic Legal History

Prof. Faisal Chaudhry recently wrote an article in Law and History Review discussing legal modernization in nineteenth-century India: “Rethinking the Nineteenth-Century Domestication of the Sharīʿa: Marriage and Family in the Imaginary of Classical Legal Thought and the Genealogy of (Muslim) Personal Law in Late Colonial India” This article reevaluates a common view about legal modernization … Continue reading Recent Scholarship: Chaudhry on Islamic Legal History

Country Profile: India

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of India (Republic of India/Bharatiya Ganarajya), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under India's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. Country Background India is located in South Asia, bordering the Bay of Bengal … Continue reading Country Profile: India

Islamic Law in U.S. Courts: Tarikonda v. Pinjari (Mich. Ct. App. 2009): Michigan Law Defeats Extralegal Divorce Attempt

In divorce proceedings, a wife appealed the decision of the Oakland Circuit Court Family Division, granting her husband’s motion to dismiss her claims and recognize their previous divorce, which occurred when the couple was in India. Specifically, she contested the validity of the “triple ṭalāq” divorce (a version of final, irrevocable divorce under Indian and … Continue reading Islamic Law in U.S. Courts: Tarikonda v. Pinjari (Mich. Ct. App. 2009): Michigan Law Defeats Extralegal Divorce Attempt

Commentary: Vishwa Lochan Madan v. Union of India (2014) and the Uncertain Boundaries of Muslim Personal Law in India

This commentary, by SHARIAsource Southeast Asia editor Jeff Redding, explains crucial aspects of the 2014 Indian Supreme Court decision in Vishwa Lochan Madan v. Union of India, arguing that this highly-anticipated and long-delayed opinion left much unresolved about whether non-state Muslim legal actors have a role, along with state courts, in announcing and enforcing Muslim Personal … Continue reading Commentary: Vishwa Lochan Madan v. Union of India (2014) and the Uncertain Boundaries of Muslim Personal Law in India

Round-up on Triple Ṭalāq

SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India)  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 … Continue reading Round-up on Triple Ṭalāq

In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision and outlines considerations the legislature should address. "According to media reports, triple ṭalāq (instant, irrevocable divorce initiated by a husband in some versions of Islamic law) epitomizes … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal