Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation

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

Comparing the Religion-State Divide in the Arab World: Constitutions

Nathan Brown, Professor of Political Science and International Affairs at the Elliot School of International Affairs at George Washington University, asserts that "Arab constitutions are not abnormally religious," even though they legally integrate religion in different ways. "Religion appears in the constitutions of the Arab world, almost all with Muslim majorities, in a variety of … Continue reading Comparing the Religion-State Divide in the Arab World: Constitutions

Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

Student editor Noor Zafar examines how the Federal Shariat Court of Pakistan expanded its jurisdiction through its interpretation of "injunctions of Islam." In the “Islamization of Prison Laws” judgment[1] of 2009, the Federal Shariat Court of Pakistan[2] (FSC) expands its original jurisdiction by broadly construing the term “injunctions of Islam.[3]” It construes the term to both … Continue reading Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

The Dubai International Financial Centre and a Systems-Based Model for the Regulation of Islamic Finance

UAE editor Paul Lee explains how the Dubai International Financial Centre's systems-based model is one solution for creating a sharīʿa-compliant financial system. The Dubai International Financial Centre (“DIFC”) is a parallel legal system to the legal systems of the Emirate of Dubai and the UAE as provided for by a series of federal and local laws.[1] … Continue reading The Dubai International Financial Centre and a Systems-Based Model for the Regulation of Islamic Finance

The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

Islamic law is before the Supreme Court of India again, with the question of whether triple-ṭalāq is a valid way of dissolving a marriage: by a man simply pronouncing that his wife is divorced by saying that word three times. To understand where the Court might be going requires a bit of background. Following the … Continue reading The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

The Limits of State Religion and Non-Muslim Minorities: The Moroccan ‘Baha’i Affair’ of 1962

Amidst the tensions raised by Islamic constitutional states as they deal with non-Muslim minorities, worth considering is how Muslim-majority states have resolved the issue in the past. Morocco editor Ari Schriber considers the political ramifications of Islamic laws governing religious minorities in an episode that faced Morocco as it gained independence: Morocco's 1962 Baha'i Affair. Morocco's then-recent independence heralded a … Continue reading The Limits of State Religion and Non-Muslim Minorities: The Moroccan ‘Baha’i Affair’ of 1962

CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd

Guest writer Noor Zafar writes on how the Federal Sharia Court of Pakistan used Pakistan's Protection of Women Act of 2006 as part of its efforts to broaden its jurisdiction by reassessing the definition of hudud crimes. Though the Court used this new definition to regain some of the control it had under the Hudud Ordinances of 1979, the … Continue reading CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd

CASE COMMENT: The Shah Bano Case as Constitutional Conflict in India’s Muslim Family Law

India editor Akhila Kolisetty highlights the Shah Bano Case as a marker of constitutional conflict between the Indian government's civil laws and its Muslim citizens' personal status laws. Mohammed Ahmed Khan v. Shah Bano Begum is a landmark case dealing with Muslim family law in India decided by the Indian Supreme Court in 1985. This case addressed a conflict … Continue reading CASE COMMENT: The Shah Bano Case as Constitutional Conflict in India’s Muslim Family Law