Expert Analysis :: Commentary :: 14 Rabīʿ II 1436 / 4 February 2015
Dina Afrianty, Posted by ACU Research Staff, 13 January 2017
Expert Analysis :: Commentary :: 10 Rajab 1436 / 27 April 2015
Paul Lee, Posted by SHARIAsource Staff, 03 June 2015
This commentary examines Dubai International Financial Centre as an example of a systems-based model of regulating sharīʿa compliance in Islamic finance.
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 :: 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.
This commemtary explains how the Federal Shariat Court of Pakistan expanded its jurisdiction by broadly construing the term "injunctions of Islam."
This commentary examines Malaysia as an example of a centralized model of regulating sharīʿa compliance in Islamic finance.
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.
This commentary discusses the comparative of costs and benefits of different models of ensuring sharīʿa compliance in Islamic finance.
This commentary argues that the negative political ramifications of prosecuting the Baha’is in 1962 led the state to limit the scope of Islamic discourse in Moroccan law.
In this commentary, I discuss Morocco's 1957 Personal Status Code, the country's first unified set of family law statutes. I address the provisions concerning polygamy in particular, and the government's attempts to evoke an Islamic basis for legalizing polygamy while simultaneously appearing to limit it in the name of protecting women.
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 :: Commentary :: 7 Ṣafar 1438 / 7 November 2016
Islamic law has historically played a role in honoring and pressing for shared commitments to justice and equality under the law on the basis of shared moral principles in mixed Muslim and non-Muslim settings. These values are rooted both in the U.S. Constitution and the moral principles of sharīʿa.
Expert Analysis :: Commentary :: 19 Rabīʿ II 1438 / 17 January 2017
This Note explores the issue of the reform of Islamic divorce law in India and Pakistan. In both countries, judges of the superior courts led the reform efforts. Indian and Pakistani judges tried to ensure gender equality under Islamic divorce law, but adopted entirely different approaches. Whereas the Pakistani judges extended women’s limited right to divorce (khul‘), Indian judges restricted husband’s unlimited right to divorce (talaq).
Expert Analysis :: Commentary :: 26 Muḥarram 1438 / 27 October 2016
Jeffrey A. Redding, Posted by Jeff Redding, 24 August 2017
In this piece, Jeffrey A. Redding argues that crucial aspects of the 2002 landmark Supreme Court of India opinion in Shamim Ara v. State of U.P. have largely been overlooked, with the consequence that this opinion’s broader significance for understanding the contemporary Indian state’s complicated self-conceptualization as secular and modern has been diminished.
Expert Analysis :: Commentary :: 7 Dhū al-Ḥijja 1438 / 28 August 2017
The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Zubair Abbasi responds to the decision and outlines considerations the legislature should address.
Expert Analysis :: Commentary :: 21 Rajab 1439 / 5 April 2018
This post examines the litigation process and sentencing regime for a new type of moral crime in Aceh: khalwat (when an unmarried man and woman are secluded). This act is criminalized under the new Acehnese Islamic Criminal Law (Aceh Qanun Jinayat No. 6 of 2014). The classification of khalwat as a moral crime entails vague provisions and risks arbitrary prosecution. Police officers can choose to exonerate or prosecute alleged offenders without clear reasoning. And judges can punish convicts in many forms, ranging from fining to public lashing, also on unclear reasoning.
Expert Analysis :: Commentary :: 13 Rajab 1439 / 28 March 2018
This post discusses the case of A.M. and her husband R.S., who were accused of committing the newly criminalized act of khalwat (Ar. khalwa: an unmarried man and woman the being in a secluded place) in Aceh after a prosecutor deemed their marriage illegitimate. This case illustrates the problem of implementing Islamic Criminal Code in Aceh, where officials are using the secular Indonesian Marriage Law of 1974 (which requires registration) to determine the legitimacy of a marriage under an Islamic system (which does not). This post analyzes the indictment of A.M. to accentuate and argue against the legal contradictions that arise when combining two incompatible systems with criminal consequences.
Expert Analysis :: Commentary :: 23 Ṣafar 1438 / 23 November 2016
Jeffrey A. Redding, Posted by Jeff Redding, 09 February 2018
This commentary 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 Law in India.
Load More Results
The online portal for academic content and context on Islamic law
Islamic Legal Studies ProgramHarvard Law School102 Austin Hall1515 Massachusetts AvenueCambridge, MA 02138tel. (617) 496-3941fax. (617) 496-2707email: email@example.com