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

Stanford Hiring for Law/Legal Institutions in Muslim Societies: Assistant- or Associate-Level Faculty Position in Law and Legal Institutions in Muslim Societies

Stanford University invites applications for a tenure-track Assistant Professor or a tenured Associate Professor faculty position focused on law and legal institutions of Islam and/or Muslim societies in any time period. The successful applicant for this position will be jointly appointed in the Stanford Law School and one of the following departments within the School … Continue reading Stanford Hiring for Law/Legal Institutions in Muslim Societies: Assistant- or Associate-Level Faculty Position in Law and Legal Institutions in Muslim Societies

“How anti-Shariah marches mistake Muslim concepts of state and religious law”: Asifa Quraishi-Landes in the Religion News Service

In the wake of anti-sharīʿa marches across the United States,  Senior Scholar Asifa Quraishi-Landes clarifies in the Religion News Service the history of state and religious law in Islamic legal history. Read the entire article.  "To make things even more complicated for American observers, fiqh doesn’t neatly fit into Western categories of law and morality. … Continue reading “How anti-Shariah marches mistake Muslim concepts of state and religious law”: Asifa Quraishi-Landes in the Religion News Service

Excerpt: Book Review of The Myth of the Andalusian Paradise

In her book review of Darío Fernández-Morera's The Myth of the Andalusian Paradise, Sarah J. Pearce stresses the need for expertise and engagement with primary sources when analyzing topics such as Islamic law and its history. Read her entire review here. "A scholar cannot write about texts he cannot read in the original and cannot rely on … Continue reading Excerpt: Book Review of The Myth of the Andalusian Paradise

Institute of Advanced Study: The Zaydi Manuscript Tradition: A Digital Portal

Launch of "The Zaydi Manuscript Tradition: A Digital Portal." (11 Apr 2017 | New York, New York). The Institute of Advanced Study's launch event of "The Zaydi Manuscript Tradition: A Digital Portal" will be on April 11, 2017 at the residence of the German Ambassador to the United Nations in New York. Register here for the event. … Continue reading Institute of Advanced Study: The Zaydi Manuscript Tradition: A Digital Portal

The Dissolution of Sharīʿa in the 1965 Moroccan Court Unification Law

During a time when there are global questions about stable Muslim-majority states that have combined Islamic law with state law, SHARIAsource editor Ari Schriber (Harvard University) convincingly demonstrates that Morocco's 1965 Court Unification Law deserves more attention, though not for the reasons one may initially suppose. In asserting independence then, Moroccan leaders paved the way … Continue reading The Dissolution of Sharīʿa in the 1965 Moroccan Court Unification Law

The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India

South Asia editor Zubair Abbasi surveys the influence of England’s Privy Council – also known as the British Judicial Committee of the Privy Council – on awqāf (Islamic endowments, or trusts). As the highest court of appeal in the British Empire, "[t]he Privy Council contributed towards the development of several legal principles in Islamic endowment law," in attempts to standardize law throughout the colonies. Its jurisprudence in turn … Continue reading The Long Shadow of England’s Privy Council Cast on the Islamic Law of Trusts in British India

CASE: Abul Fata Mahomed Ishak v Russomoy Dhur Chowdury (1894)

This case exemplifies the complex influence of the British Privy Council on Islamic law (called “Muhammadan law”) in India during colonial rule. While the British rulers instituted their legal system in India, family and inheritance law often remained under the purview of the exponents of Islamic law. This case demonstrates the political and legal complexities … Continue reading CASE: Abul Fata Mahomed Ishak v Russomoy Dhur Chowdury (1894)

IN SUMMARY :: MESA Panel on Islamic Law as Early International Law

At the MESA Conference on November 20, SHARIAsource Editor Will Smiley served as discussant for a thematic conversation on "International Law, Sovereignty and Subjecthood in the Late Ottoman Empire.” Building on a conference held at the CUNY Graduate Center and an earlier thematic conversation at last year’s MESA, the panelists discussed how the Ottoman state … Continue reading IN SUMMARY :: MESA Panel on Islamic Law as Early International Law

Debt and Bankruptcy in Classical Islamic Law

Student editor Esther Agbaje (Harvard Law School) explores classical Islamic law's basic conceptions of debt and bankruptcy. While the main Islamic texts, the Qur’ān and Sunna (records of the Prophet Muhammad's teachings), provide principles for fiscal  matters, these principles are not enough to establish systems as complex as those in modern finance with a guarantee of soundness in … Continue reading Debt and Bankruptcy in Classical Islamic Law