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

Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

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 personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

The Transformation of Anglo-Muhammadan Law: Muslims on British Benches

On April 25th, SHARIAsource Fellow, Dr. Sohaira Siddiqui, at the Islamic Legal Studies Program used the 1881 case of Fidayat ul-Nissa and others  v. Muhammad Ismail Khan (India) to frame her discussion of the creation of Anglo-Muhammadan law. Like the other five cases that she has researched during her fellowship this year, this case  demonstrates the complexity of … Continue reading The Transformation of Anglo-Muhammadan Law: Muslims on British Benches