Commentary: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

By Waskito Jati The case of AM[1] signifies one of the repercussions of the extension of jurisdiction and authority of the sharīʿa court in Aceh. This commentary discusses the indictment of AM which shows the possible prosecution under the Acehnese codified Islamic criminal law (Aceh Qanun No. 6 of 2014) of a person who is … Continue reading Commentary: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

Contemporary Primary Sources: Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath

This indictment relates to a case involving a defendant with the initials AM who was accused of committing khalwat (being in a close proximity with a man unrelated to her by blood or marriage) and ikhtilath (physical intimacy between an unmarried man and woman). Her neighbors found her to be in close proximity in her … Continue reading Contemporary Primary Sources: Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath

SYMPOSIUM :: On “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office

Response #1: Blurred Boundaries; Muddied Waters or Multiculturalism Gone Astray? Some reflections on The Independent Review into the application of Sharia law in England and Wales.[1] By Shaheen Sardar Ali Professor of Law, University of Warwick The Independent Review into the application of Sharia law in England and Wales[2] was presented to the UK Parliament … Continue reading SYMPOSIUM :: On “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office

Historical Primary Sources: A Petition to the Ottoman Sultan from Egypt, 1155 AH (1742-3)

In this post, Dr. James Baldwin examines a petition sent to the Ottoman Sultan from Egypt in 1155 AH (1742-3), concerning a dispute between a Muslim and a Christian in the town of Zifta. The Muslim petitioner attempts to enforce the regulation of the Pact of 'Umar that forbids non-Muslims from having houses taller than … Continue reading Historical Primary Sources: A Petition to the Ottoman Sultan from Egypt, 1155 AH (1742-3)

Contemporary Primary Sources: Kano State v. Lami Adamu: Ruling on the High Court’s Competence to Apply the Sharia Penal Code

The respondent was charged before the High Court of Kano State for the offense of homicide under the Kano State Sharia Penal Code Law 2000. Arguing that only sharīʿa courts are competent to try offenses arising under the Sharia Penal Code, the respondent challenged the jurisdiction of the High Court to hear the matter. The … Continue reading Contemporary Primary Sources: Kano State v. Lami Adamu: Ruling on the High Court’s Competence to Apply the Sharia Penal Code

Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

By Noor Zafar This commentary explores the Pakistani Supreme Court's use of the principle of "harmonious interpretation" in order to expand the Federal Shariat Court's jurisdiction. In this post, I will examine a landmark case, Abdul Waheed v. Asma Jehangir, that was brought before the Pakistani Supreme Court and decided in 2004. The Court was … Continue reading Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

Commentary: Vishwa Lochan Madan v. Union of India (2014) and the Uncertain Boundaries of Muslim Personal Law in India

This commentary, by SHARIAsource Southeast Asia editor Jeff Redding, explains crucial aspects of the 2014 Indian Supreme Court decision in Vishwa Lochan Madan v. Union of India, arguing that this highly-anticipated and long-delayed opinion left much unresolved about whether non-state Muslim legal actors have a role, along with state courts, in announcing and enforcing Muslim Personal … Continue reading Commentary: Vishwa Lochan Madan v. Union of India (2014) and the Uncertain Boundaries of Muslim Personal Law in India

Court Document: Circular No. 8 of 2008 on Execution of Sharīʿa Arbitration Body Decisions

This circular was drafted in response to questions raised by several Chief Justices of Indonesian religious courts (Pengadilan Agama) in relation to the execution of Shari'a Arbitration Body (Badan Arbitrase Syari'ah - Basyarnas) decisions. Citing art 60 of Law No. 30 of 1999, the circular states that Basyarnas decisions are final and binding. If, however, parties choose … Continue reading Court Document: Circular No. 8 of 2008 on Execution of Sharīʿa Arbitration Body Decisions

The Ongoing Public Debate on Islam in the Netherlands

Jan Jaap de Ruiter discusses the public debate on Islam and sharīʿa in the Netherlands shortly before the March 15th parliamentary elections. Update from the author, March 20, 2017: The parliamentary elections on March 15th resulted in a modest gain of the populist voice. Though the Netherlands will continue to have a coalition government, the end of the elections … Continue reading The Ongoing Public Debate on Islam in the Netherlands