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

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