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

Commentary: The Logic of Excluding Testimony in Early Islam

In chapter one of Justice and Leadership in Early Islamic Courts, Ahmed El Shamsy examines selected criteria used to exclude the testimony of certain types of witnesses in Islamic courts of the second century AH / eighth century CE. Specifically, the chapter seeks to make three points: 1. In the early second century, Muslim judges presiding over … Continue reading Commentary: The Logic of Excluding Testimony in Early Islam

Commentary: The Limits of State Religion in the Moroccan ‘Baha’i Affair’

This commentary, by SHARIAsource Morocco editor Ari Schriber, argues that the negative political ramifications of prosecuting the Baha’is in 1962 led the state to limit the scope of Islamic discourse in Moroccan law. In 1962, a Moroccan criminal court convicted fourteen Baha’is accused of attacking religious convictions and attacking public order (among other charges). Most … Continue reading Commentary: The Limits of State Religion in the Moroccan ‘Baha’i Affair’

Historical Primary Sources: A Legal and Diplomatic Justification of the Ottoman Declaration of War Against Russia, 1768

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

Federal Shariat Court of Pakistan on Surrogacy: From Judicial Islamization of Laws to Judicial Legislation

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