Iranian Plenary Assembly Reiteration Opinion No. 21

A Ra’y-e Esrārī (opinion issued when the lower court to which the case is remanded reiterates on the rejected decision) by the Civil Division of the Plenary Assembly of Iranian Supreme Court. According to this opinion, when the sale of pledged property by the pledgor contains a stipulation to the effect that the seller/pledgor has to pay all … Continue reading Iranian Plenary Assembly Reiteration Opinion No. 21

Islamic Law in US Courts: Aleem v. Aleem, 947 A.2d 489 (Md. Ct. App. 2008)

We use real cases to show how U.S. Courts consider Islamic law. Like any other legal framework, Islamic law defines and dignifies the institutions people hold dear, including marriage and finance. What do American judges do when adjudicating a case in which at least one party primarily understands these institutions and their protections through Islamic … Continue reading Islamic Law in US Courts: Aleem v. Aleem, 947 A.2d 489 (Md. Ct. App. 2008)

IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān

When it comes to new technology and Islamic law, it turns out that the principles of Western intellectual property law are quite similar to Islamic property and contract law, according to Turkey editor Gizem Orbey. On her analysis, the latter permits the same applications as the former. Major sources of Islamic law are mum as to protecting … Continue reading IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān