Recent Scholarship: New Book on Ottoman Legal System

Forms and Institutions of Justice: Legal Actions in Ottoman Contexts, edited by Yavuz Aykan and Işık Tamdoğan This volume examines the concept of "justice" across different times and places that were under Ottoman rule. It challenges the unitary conception of an "Ottoman Justice" and the legal and procedural dominance accorded the kadi in Ottoman historiography. … Continue reading Recent Scholarship: New Book on Ottoman Legal System

Recent Scholarship: “Burkinis” in Belgium

In this article from the Netherlands Quarterly of Human Rights, Eva Brems, Saïla Ouald Chaib, and Katrijn Vanhees discuss the status of the "burkini" (body covering swimwear) under Belgian law and policy. "'Burkini' Bans in Belgian Municipal Swimming Pools: Banning As a Default Option" Following the French commotion on the presence of “burkini” wearers at … Continue reading Recent Scholarship: “Burkinis” in Belgium

Recent Scholarship: Fadel on Human Rights

The Atlantic Council think tank recently published a report called The Islamic Tradition and the Human Rights Discourse—"a collection of thought provoking articles that aim to elevate the conversation on Islam and human rights beyond the confines of 'compatibility.'" One of the articles was written by SHARIAsource Senior Scholar Mohammad Fadel: "Life, Liberty, and the … Continue reading Recent Scholarship: Fadel on Human Rights

Recent Scholarship: Akhter v. Khan

In August, the SHARIAsourceBlog featured a roundtable discussion on the Akhter v. Khan case, concerning the legal status of Islamic marriages and divorces under UK law. The London School of Economics' "Religion and Global Society" blog also posted a commentary on the case, written by Alistair Jones, which questioned the role of the government in … Continue reading Recent Scholarship: Akhter v. Khan

Recent Scholarship: Analysis of European Court of Human Rights Free Speech Ruling

Last week, the European Court of Human Rights ruled that Austria had the right to convict a woman for insulting the Prophet Muhammad. The woman had argued that the Austrian government had violated her freedom of speech under the 1953 European Convention on Human Rights, but the Strasbourg-based court found that the Austrian court had … Continue reading Recent Scholarship: Analysis of European Court of Human Rights Free Speech Ruling

Recent Scholarship: Cheema and Abbasi on Islamic Family Law in Pakistan

Shahbaz Ahmad Cheema and SHARIAsource South Asia Editor Zubair Abbasi have written a paper on the role of the 150-year-old Lahore High Court—which has jurisdiction over Pakistan’s most populous province of Punjab—in developing progressive Islamic family law in the country. "Contribution of the Lahore High Court in the Development of Islamic Family Law in Pakistan" … Continue reading Recent Scholarship: Cheema and Abbasi on Islamic Family Law in Pakistan

Islamic Law Scholarship Round Up: Oct 19th

Ralph Grillo, who wrote for the SHARIAsourceBlog in March regarding “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office, just published an article in the Journal of Muslims in Europe on this ongoing legal and policy debate. In his article (“Comment on the Report of the … Continue reading Islamic Law Scholarship Round Up: Oct 19th

Recent Scholarship: Sidło on Apostasy

SHARIAsource Editor Katarzyna Sidło’s article in the Marburg Journal of Religion discusses a 2013 study of Jordanians who had converted out of Islam. In Sidło words, “Due to the religious and cultural taboo surrounding apostasy, those who left Islam are notoriously difficult to access in a systematic way and constitute what is known in social … Continue reading Recent Scholarship: Sidło on Apostasy

Recent Scholarship: Jaraba on Divorce

A recent article in Islamic Law and Society on "The Practice of Khulʿ in Germany: Pragmatism versus Conservativism," by Mahmoud Jaraba, examines how Muslim women who are religiously-married in Germany might initiate no-fault divorce in the absence of a German registered civil marriage. Because there is no Muslim state authority to consult, local imams and … Continue reading Recent Scholarship: Jaraba on Divorce

Recent Scholarship: Journal Issue on Unregistered Marriages

An upcoming special issue of the Oxford Journal of Law and Religion focuses on unregistered Muslim marriages, which was also the topic of a recent SHARIAsource roundtable. The articles reiterate that one of the main challenges with unregistered marriages is that there are certain benefits and state protections that are only available to legally recognized … Continue reading Recent Scholarship: Journal Issue on Unregistered Marriages