Recent Scholarship: Early Shīʽism and Islamic Intellectual History

Here is a round up of recent books on Islamic studies published by Gorgias Press: Fâtima, Daughter of Muḥammad by Christopher Paul Clohessy "But from the shadows of history and the pages of ancient Arabic texts emerges the picture of a startling and distinctive woman who, far from living on the peripheries of Islam’s beginnings, … Continue reading Recent Scholarship: Early Shīʽism and Islamic Intellectual History

Recent Scholarship: Islam and Secularism

This article by SHARIAsource Senior Scholar Sherman Jackson, published in the American Journal of Islamic Social Sciences, tackles an issue that is often brought up in Islamic law courses as well as the media: how do you define "secular" in Islam? "The Islamic Secular" It is common to assume an inherent conflict between the substance … Continue reading Recent Scholarship: Islam and Secularism

Recent Scholarship: New Book on Ottoman Legal System

Forms and Institutions of Justice: Legal Actions in Ottoman Contexts, edited by Yavuz Aykan and Işık Tamdoğan This volume examines the concept of "justice" across different times and places that were under Ottoman rule. It challenges the unitary conception of an "Ottoman Justice" and the legal and procedural dominance accorded the kadi in Ottoman historiography. … Continue reading Recent Scholarship: New Book on Ottoman Legal System

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