A baby produced through medical intervention by the sperm and egg of duly wedded couples (without involving a third party) is permissible under Islamic law. However, surrogacy is not allowed because marriage is the only means through which children should be produced under Islamic law. Surrogacy is likely to give rise to innumerable legal problems regarding … Continue reading CASE: Farooq Siddiqui v. Mst. Farzana Naheed (Federal Shariat Court, Pakistan): Judgment on Surrogacy
Nathan Brown, Professor of Political Science and International Affairs at the Elliot School of International Affairs at George Washington University, asserts that "Arab constitutions are not abnormally religious," even though they legally integrate religion in different ways. "Religion appears in the constitutions of the Arab world, almost all with Muslim majorities, in a variety of … Continue reading Comparing the Religion-State Divide in the Arab World: Constitutions
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 U.S. Courts: Vinewood Capital v. Dar al-Maal al-Islami Trust (5th Cir. 2008)
Launch of "The Zaydi Manuscript Tradition: A Digital Portal." (11 Apr 2017 | New York, New York). The Institute of Advanced Study's launch event of "The Zaydi Manuscript Tradition: A Digital Portal" will be on April 11, 2017 at the residence of the German Ambassador to the United Nations in New York. Register here for the event. … Continue reading Institute of Advanced Study: The Zaydi Manuscript Tradition: A Digital Portal
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
Islamic law is before the Supreme Court of India again, with the question of whether triple-ṭalāq is a valid way of dissolving a marriage: by a man simply pronouncing that his wife is divorced by saying that word three times. To understand where the Court might be going requires a bit of background. Following the … Continue reading The Danial Latifi Case and the Indian Supreme Court’s Balancing Act
Greek expert Ilker Tsavousoglou (Ghent University) examines developments in Western Thrace, in Greece, to illustrate the complexities of modern legal pluralism where secular states have some jurisdiction for Islamic law. Greece recognizes an Islamic law jurisdiction in Thrace, whereby it accords muftī tribunals – muftīs being expert jurists who typically give advisory opinions in Islamic law – the authority to oversee and enforce Islamic law in the region. To some observers, this … Continue reading The Treatment of Women: Applying Islamic Law in Greek Thrace
This report assesses the attempts of a major oil company, East Cameron, to operate a large oil and gas company with respect to Islamic finance principles (so-called sharīʿa compliance). The bankruptcy proceeding that follows hints at the difficulty and potential conflicts of interest in creating sharīʿa-compliant financial instruments that permit company independence without sufficient mechanisms to avoid default. Read more.