The constitutions of many Muslim-majority countries contain clauses that declare sharīʿa a source of legislation. These “sharīʿa clauses” may name sharīʿa as “a chief source,” “the chief source,” or “the only source,” among others, of national laws. Though the phrasing of these clauses seems quite similar, some scholars and government officials have ascribed importance to … Continue reading Scholarship in “Plain English”: Clark Lombardi on Sharīʿa as a Source of Legislation
This document is a beyānnāme, or declaration, sent by the Ottoman reʾīsül-kuttāb (chief scribe) to Britain's ambassador to the Ottoman Empire, justifying the Ottoman declaration of war on Russia by explaining Russia's violation of treaty obligations. The document gives insight into eighteenth-century Ottoman attitudes to international law and its relationship with Islamic law. Contributed by … Continue reading Historical Primary Sources: A Legal and Diplomatic Justification of the Ottoman Declaration of War Against Russia, 1768
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.
UAE and Malaysia editor Paul Lee's commentary examines Malaysia as an example of a centralized model of regulating Sharīʿah compliance in Islamic finance. "When parties seek to engage in Islamic finance in a jurisdiction, that jurisdiction must make a determination as to whether, and how, to regulate Islamic finance. Beyond those issues arising in conventional finance, Islamic … Continue reading Malaysia and the Centralized Model of Islamic Finance Regulation
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
In the wake of anti-sharīʿa marches across the United States, Senior Scholar Asifa Quraishi-Landes clarifies in the Religion News Service the history of state and religious law in Islamic legal history. Read the entire article. "To make things even more complicated for American observers, fiqh doesn’t neatly fit into Western categories of law and morality. … Continue reading “How anti-Shariah marches mistake Muslim concepts of state and religious law”: Asifa Quraishi-Landes in the Religion News Service
A workshop to be held on 14th November 2017 by The Institute of Arab and Islamic Studies at the University of Exeter. Funded by the Understanding Sharia Project www.usppip.eu. The Institute of Arab and Islamic Studies, the University of Exeter, invites paper proposals on the topic of “Governance and Violence in Islamic Law” for this one-day … Continue reading Call for Papers: Governance and Violence in Islamic Law
This is a memorandum (circulaire) issued by the shari'a board of the Central Bank of Morocco (Bank al-Maghrib) in January 2017. The document contains fatwās pertaining to Islamic financial instruments such as murābaḥa and regulations concerning its practice and penalties. See document and see the interview with a sharīʿa auditor at Dar Assafaa.
Interview conducted by Ari Schriber, Morocco Editor Nour-Eddine Qaouar is a PhD Candidate in the Faculty of Letters and Humanities at Muhammad V University (Rabat, Morocco) where he studies the applicability of finance-related fatwās from classical sharīʿa to contemporary questions of Islamic finance. He is also Sharīʿa Auditor at Dar Assafaa, the Islamic window of … Continue reading Islamic Finance: New Developments in Morocco’s Sharīʿa-Compliant Banking