Expert Analysis :: Commentary :: 16 Shaʿbān 1436 / 2 June 2015
Akhila Kolisetty, Posted by SHARIAsource Staff, 04 September 2015
The landmark Shah Bano case brought to the fore tensions between communal politics and Muslim women's economic rights in India.
Expert Analysis :: Commentary :: 13 Jumādā I 1436 / 2 March 2015
Marzieh Tofighi Darian and Intisar Rabb, Posted by SHARIAsource Staff, 03 June 2015
This commentary seeks to analyze changes made to the juvenile crimes and punishment under Iran's new Islamic Penal Code.
Expert Analysis :: Commentary :: 6 Rajab 1436 / 23 April 2015
Akhila Kolisetty, Posted by SHARIAsource Staff, 02 June 2015
The Danial Latifi illustrates the impact of communal tensions on the Supreme Court’s decision-making process, and the careful lines it attempts to draw in order to promote Muslim women’s gender equity while also limiting its intervention into Islamic personal law to avoid potential backlash.
In this piece, I argue that the implied and overt support of major Muslim institutions in India, grounded in the reasonableness of such an interpretation of the Qurʾān, made the Indian Supreme Court more amenable to upholding limitations on triple talaq (male-initiated unilateral divorce) in the Shamim Ara case and made reform in the direction of strengthening the family law rights of Muslim women more tenable.
In this post, I analyze the recent Khursheed Ahmad Khan case (2015), and argue that this case opens the door to future challenges to the constitutionality of polygamy, as well as other aspects of Muslim personal law in India.
Expert Analysis :: Commentary :: 11 Shaʿbān 1436 / 28 May 2015
Haider Hamoudi, Posted by SHARIAsource Staff, 06 June 2015
This post reviews and critiques a new article in the Suffolk Law Review by Intisar Rabb entitled Against Kadijustiz: On the Negative Citation of Islalmic Law as Foreign Law. Her main focus is on the use of the term throughout American court practice to describe what it is that US courts are against, rather than what they are for. This post highlights two points that merit further emphasis and elaboration, especially with regard to similar trends in Shi'i Law in Iraq and beyond. Origional post by Haider Hamoudi at http://muslimlawprof.org/2015/05/judges-on-cushions-and-under-trees-thoughts-on-qadi-justice-and-hyperpolemics/ (May 29, 2015).
Expert Analysis :: 1421 / 2001
Ohio Court of Appeals, Edited by Abed Awad, Posted by SHARIAsource Staff, 01 February 2017
This case is an Court of Appeals of Lucas County, OH decision in Ahmad v. Ahmad, in favor of the Wife, affirming a trial court decision granting her division of the marital assets, spousal support and attorney fees in recognition of a divorce validly concluded under Jordanian family law, which draws on Islamic law.
Paul Lee, Posted by SHARIAsource Staff, 03 June 2015
This commentary examines the U.S. and the U.K. as an example of a model of competitive equality for the regulation of sharīʿa compliance in Islamic finance.
Expert Analysis :: Commentary :: 10 Rajab 1436 / 27 April 2015
This commentary discusses the comparative of costs and benefits of different models of ensuring sharīʿa compliance in Islamic finance.
This commentary examines Malaysia as an example of a centralized model of regulating sharīʿa compliance in Islamic finance.
This commentary examines Dubai International Financial Centre as an example of a systems-based model of regulating sharīʿa compliance in Islamic finance.
Expert Analysis :: 12 Rajab 1438 / 7 April 2017
Maribel Fierro, Translated by Maribel Fierro, Posted by SHARIAsource Staff, 11 April 2018
Ibn Ḥārith al-Khushanī recorded the following case as a ḥikāya, an anonymous report: A Christian appeared before the judge Aslam b. ʿAbd al-ʿAzīz, petitioning to be executed. The anecdote offers insight into the historical role of judges during a period of religious dissent in the Umayyad Caliphate, while the author's narrative voice demonstrates past judicial approaches to rationality, humor, and violent penalization.
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