From The New York Times, May 1st, 2017 "...The 2006 painting has become the symbol of a global initiative by the Indonesian youth wing of Nahdlatul Ulama, the largest mass Islamic organization in the world, that seeks to reinterpret Islamic law dating from the Middle Ages in ways that conform to 21st-century norms. Among other … Continue reading NYT Excerpt: Ruud Peters in “Indonesians Seek to Export a Modernized Vision of Islam”
Abed Awad, U.S. Editor, summarizes one of his recent cases on family law in which the defendant claims his maʿzūn-authenticated ṭalāq defers judgment of the divorce to the Family Court in Egypt. A revocable ṭalāq is not a final divorce to defeat a pending New York divorce action, said the New York Apellate Division The story of Fouad v. … Continue reading NY Court Ruling Against a Muslim Man’s Attempt to Unilaterally Divorce His Wife
Greek expert Ilker Tsavousoglou (Ghent University) examines developments in Western Thrace, in Greece, to illustrate the complexities of modern legal pluralism where secular states have some jurisdiction for Islamic law. Greece recognizes an Islamic law jurisdiction in Thrace, whereby it accords muftī tribunals – muftīs being expert jurists who typically give advisory opinions in Islamic law – the authority to oversee and enforce Islamic law in the region. To some observers, this … Continue reading The Treatment of Women: Applying Islamic Law in Greek Thrace
In their paper Classical Islamic Law and Modern Bankruptcy (2010), U.S. editor Abed Awad and his co-author Robert E. Michael compares bankruptcy in classical Islamic law to American bankruptcy pre and post the enactment of Chapter 11. Bankruptcy in classical Islamic law is "strongly analogous to the traditional civil and common law treatment of bankrupts prior to … Continue reading REVIEW:: Classical Islamic Law and Modern Bankruptcy (A Review of Abed Awad, “Classical Islamic Law and Modern Bankruptcy” (2010))
Anver Emon's (Professor of Law at the University of Toronto Faculty of Law and SHARIAsource senior scholar) new paper Codification and Islamic Law: The Ideology Behind a Tragic Narrative in the Journal of Middle East Law and Governance challenges the now popular argument that Islamic law is near-impossible to formalize as state law. Treating Islamic law … Continue reading Is Sharīʿa Incompatible with the Modern Administrative State?
Islamic finance is under increased scrutiny. Just last week, the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI) announced plans to more aggressively develop centralized standards to regulate the boards responsible for assessing sharīʿa-compliance among banks and financial institutions doing business in GCC countries. UAE editor Paul Lee provides some context. From a series … Continue reading The Comparative Costs and Benefits of Models of Islamic Finance Regulation
Guest contributor Haider Hamoudi reviews Professor Intisar Rabb's, SHARIAsource founding editor-in-chief, new article in the Suffolk Law Review entitled Against Kadijustiz: On the Negative Citation of Foreign Law. Rabb focuses on how American courts have utilized inaccurate portrayals of "qāḍī justice" as antitheses to American court procedures. Hamoudi notes that this point is all the more important when one … Continue reading REVIEW: Judges on Cushions and Under Trees: Thoughts on “Qāḍī Justice” and Hyperpolemics (A Review of Intisar Rabb, “Against Kadijustiz” (2015))