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
Decided by the Supreme Court of India, Vishwa Lochan Madan v. Union of India decreed that fatwas issued by sharīʿa courts hold no legal leverage. Read the case.
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
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
Guest contributor Hadeer Soliman counters Baroness Cox's statement proposing Amernment 219(C) to the Policing and Crime Bill. This bill "would require celebrants of religious marriages to take all reasonable steps to ensure that the marriage complies with the marriage laws of England and Wales. Baroness Cox, a cross-bench member of the UK House of Lords, recently proposed … Continue reading Gender Issues Are a National Problem, Not Just a Muslim Problem: A Response to Baroness Cox’s Statement
South Asia editor Jeff Redding compares the British sharīʿa courts debate to similar debates going on in India. He examines the semantic approach of the current debate, and questions whether this approach fully encompasses the issue. Controversies over non-state Islamic dispute resolution have flared around the globe in the last several years, in sites as diverse as Canada, India, and … Continue reading A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils
Guest writer Noor Zafar writes on how the Federal Sharia Court of Pakistan used Pakistan's Protection of Women Act of 2006 as part of its efforts to broaden its jurisdiction by reassessing the definition of hudud crimes. Though the Court used this new definition to regain some of the control it had under the Hudud Ordinances of 1979, the … Continue reading CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd
Denmark contributor Niels V. Vinding comments on recent discussions of sharīʿa in Denmark that have arisen on the basis of uninformed media reporting, which has had the consequence of sparking legislation that may have discriminatory effects on Muslims. These developments come in the wake of the Danish documentary Under the Veil of the Mosque, which … Continue reading OPINION :: The Question of Sharīʿa in Denmark