Recent Scholarship: Zulfiqar on Jihād

SHARIAsource Pakistan and Maldives Editor Adnan Zulfiqar recently published an article in the West Virginia Law Review about how changing views of jihād as an individual duty versus a collective one have challenged the state’s jurisdiction over legitimate violence: “Jurisdiction over Jihad: Islamic Law and the Duty to Fight” A serious deficiency in the current … Continue reading Recent Scholarship: Zulfiqar on Jihād

Recent Scholarship: Chaudhry on Islamic Legal History

Prof. Faisal Chaudhry recently wrote an article in Law and History Review discussing legal modernization in nineteenth-century India: “Rethinking the Nineteenth-Century Domestication of the Sharīʿa: Marriage and Family in the Imaginary of Classical Legal Thought and the Genealogy of (Muslim) Personal Law in Late Colonial India” This article reevaluates a common view about legal modernization … Continue reading Recent Scholarship: Chaudhry on Islamic Legal History

In the News: Revkin on ISIS’s Legal System

Last week’s New York Times article on “The Case of the Purloined Poultry: How ISIS Prosecuted Petty Crime” describes the implementation of Islamic criminal law in Iraq under ISIS. According to Mara Revkin of Yale University, providing open and quick access to justice was one way that ISIS tried to distinguish itself from the Iraqi government: “ISIS seemed to … Continue reading In the News: Revkin on ISIS’s Legal System

Islamic Legal Studies Program Affiliates’ Round Up: July 9th

ILSP affiliate Tarek Masoud was featured in The Conversation discussing the compatibility of religion and democracy. The Independent referenced ILSP affiliate Nadia Marzouki in discussing France and its aversion towards Islamic head coverings. Mada Masr, an Egyptian online newspaper, interviewed ILSP affiliate Khaled Fahmy on the Six-Day War on its 50th anniversary in Egypt. ILSP Faculty Affiliates are members of a broader community … Continue reading Islamic Legal Studies Program Affiliates’ Round Up: July 9th

Recent Scholarship: Redding on Transgender Rights in Pakistan

SHARIAsource South Asia editor Jeff Redding has written a paper on Muslim discussions on gender, law, and society discussing the rights of transgender people living in Pakistan, which constitutionally incorporates Islamic law into its state law system. The paper is due to appear as a book chapter in an edited volume called Human Rights in Translation: Intercultural … Continue reading Recent Scholarship: Redding on Transgender Rights in Pakistan

SHARIAsource Editors and Senior Scholars’ Round Up: July 2nd

The Toronto Star turned to SHARIAsource Senior Scholar Khaled Abou El Fadl in its article on the creation of Saudi Wahhabism. SHARIAsource U.S. Editor Abed Awad discussed the history of Ramadan in the United States this past month. The National Review referred to SHARIAsource Senior Scholar Noah Feldman's commentary on applying the First Amendment to … Continue reading SHARIAsource Editors and Senior Scholars’ Round Up: July 2nd

Islamic Law in SCOTUS

Senior Scholar Noah Feldman commented yesterday in Bloomberg News on the U.S. Supreme Court “travel ban” case, Trump v. Hawaii, calling the Court’s 5-4 decision to uphold the Executive Order restricting immigration to the U.S. of citizens from seven countries—most of which are predominantly Muslim—"a decision that will live in infamy." He had previously suggested … Continue reading Islamic Law in SCOTUS

Islamic Law in U.S. Courts: In re: The Marriage of Ahmad & Shaifia Shaban (Cal. Ct. App. 2001): Marriage Certificate as Prenup

The appellate court upheld the Superior Court of Orange County’s refusal to divide marital property in the context of a divorce according to Islamic law. The plaintiff introduced a marriage certificate as a “premarital contract,” which, among other things, lays out a set amount to be paid to the wife in the event of a divorce. … Continue reading Islamic Law in U.S. Courts: In re: The Marriage of Ahmad & Shaifia Shaban (Cal. Ct. App. 2001): Marriage Certificate as Prenup

Islamic Law Scholarship Round Up: June 24th

Islamic Law in Modern Courts (Introduction) Islamic Law in Modern Courts, Aspen Casebook Series, 2018, ISBN: 978-1-4548-3039-9 By Haider Ala Hamoudi and Mark Cammack Posted on SSRN on 5 Jun 2018 Abstract This the first chapter of an entire published casebook on Islamic Law, and specifically the application of Islamic Law in modern courts. We expect that the work will … Continue reading Islamic Law Scholarship Round Up: June 24th

Country Profile: India

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of India (Republic of India/Bharatiya Ganarajya), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under India's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. Country Background India is located in South Asia, bordering the Bay of Bengal … Continue reading Country Profile: India