The Immanent Frame:: Book Review: Law, Authority, and Tradition

By Omar Farahat Rumee Ahmed’s Sharia Compliant: A User’s Guide to Hacking Islamic Law is a unique book in that it tackles some of the most difficult questions in the clearest and most accessible language. In doing so, it pushes us out of the comfort of our specialized research and jargon, and forces us to … Continue reading The Immanent Frame:: Book Review: Law, Authority, and Tradition

Commentary: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

This post, by Waskito Jati, examines the litigation process and sentencing regime for a new type of moral crime in Aceh: khalwat (when an unmarried man and woman are secluded). This act is criminalized under the new Acehnese Islamic Criminal Law (Aceh Qanun Jinayat No. 6 of 2014). The classification of khalwat as a moral crime … Continue reading Commentary: Arbitrariness and the Burden of Proof in New Acehnese Cases of “Moral Crimes”

Commentary: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

By Waskito Jati The case of AM[1] signifies one of the repercussions of the extension of jurisdiction and authority of the sharīʿa court in Aceh. This commentary discusses the indictment of AM which shows the possible prosecution under the Acehnese codified Islamic criminal law (Aceh Qanun No. 6 of 2014) of a person who is … Continue reading Commentary: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

Contemporary Primary Sources: Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath

This indictment relates to a case involving a defendant with the initials AM who was accused of committing khalwat (being in a close proximity with a man unrelated to her by blood or marriage) and ikhtilath (physical intimacy between an unmarried man and woman). Her neighbors found her to be in close proximity in her … Continue reading Contemporary Primary Sources: Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath

Historical Primary Sources: The Governors and Judges of Egypt or Kitāb el ʿumarāʾ (el wulāh) wa Kitāb el quḍāh

In this historical text, Muḥammad b. Yūsuf al-Kindī reports that the Qaysī Arabs and Yamanī Arabs, two warring tribes, were prohibited from testifying against one another by the Egyptian judge Tawba b. Namir (115–120/733–738). Ahmed El Shamsy references this source to explore how the concern of bias due to enmity might also serve as sufficient … Continue reading Historical Primary Sources: The Governors and Judges of Egypt or Kitāb el ʿumarāʾ (el wulāh) wa Kitāb el quḍāh

Contemporary Primary Sources: Kano State v. Lami Adamu: Ruling on the High Court’s Competence to Apply the Sharia Penal Code

The respondent was charged before the High Court of Kano State for the offense of homicide under the Kano State Sharia Penal Code Law 2000. Arguing that only sharīʿa courts are competent to try offenses arising under the Sharia Penal Code, the respondent challenged the jurisdiction of the High Court to hear the matter. The … Continue reading Contemporary Primary Sources: Kano State v. Lami Adamu: Ruling on the High Court’s Competence to Apply the Sharia Penal Code

Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

By Noor Zafar This commentary explores the Pakistani Supreme Court's use of the principle of "harmonious interpretation" in order to expand the Federal Shariat Court's jurisdiction. In this post, I will examine a landmark case, Abdul Waheed v. Asma Jehangir, that was brought before the Pakistani Supreme Court and decided in 2004. The Court was … Continue reading Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

Commentary: Religious Opinions within Civil Discourse

By Professor Mohammad Fadel (University of Toronto, Faculty of Law) In a recent attempt to control religious discourse in Egypt, the chairperson of Egypt’s Supreme Media Regulatory Council (al-majlis al-aʿlā li-tanẓīm al-iʿlām), Makram Muhammad Ahmad, announced that only 50 people would be permitted to give an opinion (fatwā) pertaining to Islamic law. According to various … Continue reading Commentary: Religious Opinions within Civil Discourse

Commentary: The US, the UK, and the Model of Competitive Equality

This commentary, by SHARIAsource U.A.E. and Malaysia editor Paul Lee, examines the U.S. and the U.K. as an example of a model of competitive equality for the regulation of sharīʿa compliance in Islamic finance. The regulation of Islamic finance has generally been an area to which Western jurisdictions have devoted limited attention, and courts and regulators have … Continue reading Commentary: The US, the UK, and the Model of Competitive Equality

Commentary: Codifying Polygamy in the 1957 Moroccan Mudawwana

In this commentary, SHARIAsource contributor Ari Schriber discusses Morocco's 1957 Personal Status Code, the country's first unified set of family law statutes. He address the provisions concerning polygamy in particular, and the government's attempts to evoke an Islamic basis for legalizing polygamy while simultaneously appearing to limit it in the name of protecting women. Read … Continue reading Commentary: Codifying Polygamy in the 1957 Moroccan Mudawwana