This week’s issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes a book chapter on Islam’s expanding role in Malaysian constitutional law. The chapter (available as a PDF; free SSRN registration may be required) was published in The Invisible Constitution in Comparative Perspective, edited by Rosalind Dixon and Adrienne Stone (Cambridge … Continue reading Recent Scholarship: Islamic Identity and the Malaysian Constitution
At the end of last year, the BBC compiled a list of “100 inspiring and influential women from around the world.” One of those women was Nenney Shushaidah, who made international headlines in 2016 after she and her colleague became Malaysia’s first female sharīʿa high court judges. In an interview with the BBC, Judge Shushaidah … Continue reading In the News: Female Sharīʿa Court Judges
SHARIAsource Senior Scholar Mohammad Fadel has written an article in the most recent issue of the Journal of Islamic Ethics (available open-access here), discussing how states can incorporate sharīʿa into their legislative systems in a way consistent with our modern-day ideals of democracy and peace: “Political Legitimacy, Democracy and Islamic Law: The Place of Self‐Government … Continue reading Recent Scholarship: Fadel on Islamic Self-Government
Last month, a representative of the Malaysian Industry-Government Group for High Technology—a public-private taskforce overseen by the prime minister to examine ways of using new technology to promote business opportunities—suggested that Islamic banks could reduce legal and administrative costs by using "blockchain." Blockchain is a type of electronic ledger, and according to the representative, blockchain … Continue reading In the News: Islamic Banks and FinTech
Last week, the news from Malaysia that two women were convicted of same-sex relations and were publicly caned in front of a large crowd prompted international condemnation. The decision was handed down by a sharīʿa court in the state of Terengganu. Under Malaysia’s Constitution, there are two parallel justice systems: the civil/criminal court system that … Continue reading In the News: LGBT Rights in Malaysia
Last week, SHARIAsource Senior Scholar Mohammad Fadel was a panelist at an Atlantic Center event on “Rethinking Human Rights and Islam.” In addition, SHARIAsource Egypt and Malaysia Editor Tamir Moustafa has written a new book—Constituting Religion: Islam, Liberal Rights, and the Malaysian State—which can be downloaded here from Cambridge University Press.
This week's issue of the Islamic Law & Law of the Muslim World eJournal includes: "Islam and Women Rights in Pakistan" by Ihsan Yilmaz and Zahid Shahab Ahmed This paper analyzes the impact of two constitutional bodies with the power to perform ijtihād—the Council of Islamic Ideology and the Federal Shariat Court—on women's rights in … Continue reading Islamic Law & Law of the Muslim World eJournal: Sept 7th
UAE and Malaysia editor Paul Lee's commentary examines Malaysia as an example of a centralized model of regulating Sharīʿah compliance in Islamic finance. "When parties seek to engage in Islamic finance in a jurisdiction, that jurisdiction must make a determination as to whether, and how, to regulate Islamic finance. Beyond those issues arising in conventional finance, Islamic … Continue reading Malaysia and the Centralized Model of Islamic Finance Regulation