Expert Analysis :: Commentary :: 10 Rajab 1436 / 27 April 2015
This commemtary explains how the Federal Shariat Court of Pakistan expanded its jurisdiction by broadly construing the term "injunctions of Islam."
Expert Analysis :: Commentary :: 16 Shaʿbān 1436 / 2 June 2015
Paul Lee, Posted by SHARIAsource Staff, 03 June 2015
This commentary examines Malaysia as an example of a centralized model of regulating Sharīʿah 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 Sharīʿah compliance in Islamic finance.
This commentary discusses the comparative of costs and benefits of different models of ensuring Sharīʿa compliance in Islamic finance.
Expert Analysis :: Commentary :: 1 Rabīʿ I 1435 / 1 January 2014
This commentary explores the nature of Sharī’ah arbitrage, using the bai’ al-urbun to highlight the dynamism of modern Islamic financial engineering processes.
Expert Analysis :: Commentary :: 14 Rabīʿ II 1436 / 4 February 2015
Dina Afrianty, Posted by ACU Research Staff, 13 January 2017
This commentary examines Dubai International Financial Centre as an example of a systems-based model of regulating Sharīʿah compliance in Islamic finance.
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.
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 :: 27 Dhū al-Qaʿda 1437 / 30 August 2016
The China editor introduces the online symposium "The legal basis of female clerics among Muslims in China." The symposium includes four commentaries by leading Chinese clerics and scholars, women and men, most of whom are themselves Hui.
This symposium was made possible by a generous gift from Professor William Alford of Harvard Law School.
Expert Analysis :: Commentary :: 29 Dhū al-Qaʿda 1437 / 1 September 2016
MAI Fenlian, Edited by Matthew Erie, Translated by DI Jin, Posted by Matthew Erie, 22 May 2017
This is the contribution by MAI Fenlian entitled "The Legal Basis and Value of the Existence of Female Clerics: My Opinion and Understanding."
GE Caixia, Edited by Matthew Erie, Translated by DI Jin, Posted by Matthew Erie, 26 April 2017
This is the contribution by GE Caixia entitled "The Legal and Social Bases for the Existence of China's 'Female Clerics'."
LIU Xueqiang, Edited by Matthew Erie, Translated by HU Bo, Posted by Matthew Erie, 22 May 2017
This is the contribution by Liu Xueqiang entitled "Islam's Gender Relations."
Expert Analysis :: Commentary :: 7 Ṣafar 1438 / 7 November 2016
Intisar Rabb, Posted by Intisar Rabb, Senior Scholar, 12 December 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.
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