SHARIAsource Lunch Talk :: The Social Impact of Legal Patchworking (Talfīq)

Aaron Spevack, SHARIAsource Visiting Fellow 2018-2019, spoke on his current research into legal patchworking (talfīq). He examined debates for and against this legal tool, its role in the creation of sharīʿa-compliant financial instruments within Islamic law, the potential individual harms it can inflict, along with the potential social good. The event was livetweeted and may … Continue reading SHARIAsource Lunch Talk :: The Social Impact of Legal Patchworking (Talfīq)

Recent Scholarship: Powers on Adoption

SHARIAsource Senior Scholar David Powers wrote the entry for “Adoption” in the online research database, Oxford Bibliographies in Islamic Studies. It discusses the history of adoption in pre-Islamic Arabia, types of adoption in Islamic law and tradition, and modern debates about adoption. Excerpt: Adoption was widely practiced in the Near East—including Arabia—in Antiquity and Late … Continue reading Recent Scholarship: Powers on Adoption

Recent Scholarship: El Shamsy on Islamic Legal History

SHARIAsource Senior Scholar Ahmed El Shamsy recently published an article in the Journal of the American Oriental Society on the historical development of Islamic legal theory. “Bridging the Gap: Two Early Texts of Islamic Legal Theory” This article introduces two surviving, very early legal-theoretical texts, written by Ibn Surayj (d. 306/918) and al-Khaffāf (fl. first … Continue reading Recent Scholarship: El Shamsy on Islamic Legal History

Recent Scholarship: Zulfiqar on Jihād

SHARIAsource Pakistan and Maldives Editor Adnan Zulfiqar recently published an article in the West Virginia Law Review about how changing views of jihād as an individual duty versus a collective one have challenged the state’s jurisdiction over legitimate violence: “Jurisdiction over Jihad: Islamic Law and the Duty to Fight” A serious deficiency in the current … Continue reading Recent Scholarship: Zulfiqar on Jihād

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

Islamic Law in U.S. Courts: Young v. Newsom (N.C. 1920): Husband’s Liability for his Wife’s Tort

Holding: Under N.C. Acts of 1871­–72, c. 193, § 25 (Rev. § 2105), a husband who lives with his wife is liable for her torts, even though he was not present when she committed them and did not know of them. Procedural posture: Plaintiff sued defendants husband and wife to recover damages for wife’s slander … Continue reading Islamic Law in U.S. Courts: Young v. Newsom (N.C. 1920): Husband’s Liability for his Wife’s Tort

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

Analysis: The Case of the Christian Who Wanted to be Executed

By Dr. Maribel Fierro (Consejo Superior de Investigaciones Científicas—Spanish National Research Council) This anecdote offers insight into the historical role of judges during a period of religious dissent in the Umayyad Caliphate, while the author's narrative voice demonstrates past judicial approaches to rationality, humor, and violent penalization. Aslam b. ʿAbd al-ʿAzīz (d. 319/931), the judge … Continue reading Analysis: The Case of the Christian Who Wanted to be Executed

Historical Primary Sources: The Case of the Christian Who Wanted to be Executed

Cases of religious dissent in courts in the Andalusian Umayyad Caliphate provide insight into how one Islamic judicial system established procedures protecting non-Muslim constituents without undermining the sovereignty of the Islamic government. See tomorrow's blog post for historical context and case analysis.   Ibn Ḥārith al-Khushanī recorded the following case as a ḥikāya, an anonymous … Continue reading Historical Primary Sources: The Case of the Christian Who Wanted to be Executed