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Articles 31 - 60 of 64
Full-Text Articles in Religion Law
Recognizing The Individual: The Muhtasibs Of Early Mamluk Cairo And Fustat, Kristen Stilt
Recognizing The Individual: The Muhtasibs Of Early Mamluk Cairo And Fustat, Kristen Stilt
Faculty Working Papers
This Article studies the biographies of several key muhtasibs in Mamluk Cairo and Fustat to understand the types of individuals who held the position and how the individual background, education, status among the populace, relationship to the ruling elite, and the means of obtaining the position of each contributed to how the particular muhtasib functioned in office.
Price Setting And Hoarding In Mamluk Egypt, Kristen Stilt
Price Setting And Hoarding In Mamluk Egypt, Kristen Stilt
Faculty Working Papers
This Article studies the legal position of the muhtasib in medieval Cairo, using the biographical information available about the individuals who held the position to understand the actions they took in office. The muhtasib, who was an inspector of public places and markets in particular, was a key legal actor in terms of applying law immediately to a situation he encountered; he was a common face of the law in society. This Article, influenced in method by legal realism, shows that in addition to the law that a particular muhtasib intended to apply to a particular case, biographical information is …
How Is Islam The Solution?: Constitutional Visions Of Contemporary Islamists, Kristen Stilt
How Is Islam The Solution?: Constitutional Visions Of Contemporary Islamists, Kristen Stilt
Faculty Working Papers
This Article uses documents issued by the Muslim Brotherhood, in particular the lengthy 2007 "Political Party" Platform, and personal interviews with Brotherhood leadership to examine the group's specific goals and beliefs for the place of religion within the structure of the Egyptian legal system. While many important angles need to be explored, I focus on one topic that has drawn the most attention to the Brotherhood, the place of religion in the state, or religion defined and enforced by state institutions. I show that the Brotherhood carefully acknowledges the existing constitutional structure and jurisprudence on the position of Islam in …
A Look At Traditional Islam's General Discord With A Permanent System Of Global Cooperation, Meghan E. Tepas
A Look At Traditional Islam's General Discord With A Permanent System Of Global Cooperation, Meghan E. Tepas
Indiana Journal of Global Legal Studies
In today's world, nation-states do not operate in isolation. Rather, the myriad global organizations and cross-border treaties evidence that the post-World War II political climate is one of interconnectedness and cooperation between states. Against this backdrop, this Note surveys the tension between the current global world order and a strict adherence to traditional source-based application of Islamic law, Shari'a. The tension begins with the concept of statehood, seemingly absent in traditional Islam, and continues with the Islamic unification of religion and state and its limited role for a political leader. Using Iran as an example, this Note argues that political …
Islam’S Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza
Islam’S Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza
Faculty Scholarship
Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the Fourth Amendment to the U.S. Constitution. Two Quranic verses in particular - one that commands Muslims not to enter homes without permission, and one that commands them not to 'spy' - are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these commands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists …
Islam's Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza
Islam's Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza
Articles & Chapters
Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the FourthAmendment to the U.S. Constitution. Two Quranic verses in particular - one that commands Muslims not to enter homes without permission, and one that commands them not to 'spy' - are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these commands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists of …
Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau
Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau
Washington and Lee Law Review
Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …
Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger
Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger
Washington and Lee Law Review
One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Michigan Law Review
The implementation and enforcement of Islamic law, especially Islamic criminal law, by modem-day Muslim nation-states is fraught with controversy and challenges. In Pakistan, the documented problems and failures of the country's attempt to codify Islamic law on extramarital sexual relations have led to efforts to remove rape cases from Islamic law courts to civil law courts. In striking contrast to Pakistan's experience, the Republic of the Maldives recently commissioned a draft of a penal law and sentencing guidelines based on Islamic law that abides by international norms. The incorporation of Islamic law into the legal systems of various countries around …
Torture And Islamic Law, Sadiq Reza
Torture And Islamic Law, Sadiq Reza
Articles & Chapters
This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …
Legal Pluralism & Women's Rights: A Study In Post-Colonial Tanzania, Edward R. Fluet, Mark J. Calaguas, Cristina M. Drost
Legal Pluralism & Women's Rights: A Study In Post-Colonial Tanzania, Edward R. Fluet, Mark J. Calaguas, Cristina M. Drost
ExpressO
Recognizing a dearth of legal research on Zanzibar, the authors explore the complex legal and cultural landscape of this archipelago and its relationship to mainland Tanzania. The article discusses the problems that arise when multicultural societies adopt a pluralist system of justice in order to preserve the traditions of its diverse communities. Although the article focuses on Tanzania, the problems that arise from multicultural accommodations affect not only young, postcolonial nations in Africa and Asia, but also individuals in cosmopolitan, economically-developed countries such as Israel and the United States. As countries wrestle with ever diversifying ethnic and religious populations, such …
Evidence On The Relationship Between Takaful Insurance And Fundamental Perception Of Islamic Principles, Ramin Cooper Maysami, John Joseph Williams
Evidence On The Relationship Between Takaful Insurance And Fundamental Perception Of Islamic Principles, Ramin Cooper Maysami, John Joseph Williams
Research Collection School Of Accountancy
One of the complexities overarching the concept of Islamic insurance is anchored in the belief system pertaining to fundamental Islamic Law, while another is embedded in the role of profit within the takaful contract. The purpose of this study is to empirically explore the association between the awareness of the existence of Islamic insurance (takaful) and religious perceptions of this financial service.
Commentary On John Makdisi's "Survey Of Aals Law Schools Teaching Islamic Law", Lama Abu-Odeh
Commentary On John Makdisi's "Survey Of Aals Law Schools Teaching Islamic Law", Lama Abu-Odeh
Journal of Legal Education
No abstract provided.
A Survey Of Aals Law Schools Teaching Islamic Law, John Makdisi
A Survey Of Aals Law Schools Teaching Islamic Law, John Makdisi
Journal of Legal Education
No abstract provided.
The Shari'a Factor In International Commercial Arbitration, Faisal M. Kutty
The Shari'a Factor In International Commercial Arbitration, Faisal M. Kutty
ExpressO
The world has witnessed a phenomenal growth in commercial disputes transcending national borders due to our increasingly interrelated and globalized world economy. In addition to issues in interpretation of commercial agreements and practices, differences in custom, language, culture and religion will continue to fuel conflicts and disagreements between commercial players. Over the last few decades there have been growing commercial interaction between Western companies and their Middle Eastern counterparts. Given this interaction and the great geo-political and economic importance of this region, it is imperative that Western lawyers and dispute resolution professionals have a reasonable grasp of the general principles …
Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Deystone
Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Deystone
Publications
No abstract provided.
Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri
Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri
Law Faculty Publications
It is best to understand Islam through its core concept,· adalah (justice). This is a complex concept that thoroughly permeates the Islamic worldview. It is not reducible to retributive justice, because it is a higher-order concept whose backbone is the Mizaan (balance and harmony).
Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman
Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman
Journal of Legal Education
No abstract provided.
The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen
The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen
Indiana Journal of Global Legal Studies
No abstract provided.
The Future Of Islamic Legal Arguments In International Boundary Disputes Between Islamic States, William Samuel Dickson Cravens
The Future Of Islamic Legal Arguments In International Boundary Disputes Between Islamic States, William Samuel Dickson Cravens
Washington and Lee Law Review
No abstract provided.
Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi
Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi
Michigan Journal of International Law
This article critiques the rape laws of Pakistan from an Islamic point of view which is careful to include women's perspectives in its analysis. Unlike much of what is popularly presented as traditional Islamic law, this woman-affirming Islamic approach will reveal the inherent gender-egalitarian nature of Islam, which is too often ignored by its academics, courts, and legislatures. This article will demonstrate how cultural patriarchy has instead colored the application of certain Islamic laws in places like Pakistan, resulting in the very injustice which the Quran so forcefully condemns.
The Muslim Perspective On The Clergy-Penitent Privilege, Azizah Y. Al-Hibri
The Muslim Perspective On The Clergy-Penitent Privilege, Azizah Y. Al-Hibri
Law Faculty Publications
Before Jones confesses his crimes to Imam Ahmad, he should be clear on the duties and role of the imam of a mosque. The imam's duties usually consist of leading prayers and providing advice and assistance to those in the community who seek them. Imams are chosen for their knowledge in matters of religion. It is possible, however, that the community has more knowledgeable persons within it who are not interested in the position of imam. In such cases, when a more knowledgeable person visits the mosque, the Muslims present at that time, including the imam, may choose that visitor …
Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer
Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer
Michigan Journal of International Law
This article examines the recent trend proposing that Islam and Islamic culture mandate a distinctive approach to human rights. It offers critical assessments of selected civil and political rights in two recent products of this trend: (1) the 1990 Cairo Declaration on Human Rights in Islam, issued by the Organization of the Islamic Conference and endorsed by Iran and Saudi Arabia; and (2) the rights provisions in the Saudi Arabian Basic Law promulgated in 1992. These legislative initiatives will be examined in conjunction with constructs of an Islamic culture necessarily at odds with international human rights norms. These constructs have …
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
Michigan Journal of International Law
This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …
Apostasy And Blasphemy In Pakistan, David F. Forte
Apostasy And Blasphemy In Pakistan, David F. Forte
Law Faculty Articles and Essays
This article analyzes how the law against blasphemy has become a weapon against religious minorities in Pakistan. It begins with a brief overview of the constitutional struggle between the forces for religious tolerance and that element of Pakistani society seeking a particularized Islamization of Pakistan's law and culture. The second section of the article explains the manner in which classical Islamic law (the Shari'a) treated apostasy and blasphemy, and how it permitted private acts of religious vengeance to be immune from legal liability. In the final section, I describe how the current law on blasphemy imposes a harsh regime on …
Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi
Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi
Michigan Journal of International Law
The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's deficiencies demonstrate …
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Law Faculty Publications
This article will discuss select, basic principles of Islamic law relating to democratic governance, pointing out in the process certain areas of disagreement surrounding them in the literature and the grounds for such disagreements. Part II of this article presents a brief overview of Islamic law in order to provide a foundation for later discussion. The article then assesses the Islamic system of government in light of two major principles of Western democracies. They are (1) the principle that the will of the people shall be the basis of the authority of the government (Principle A) and (2) the principle …
Islamic Law And The Crime Of Theft, David F. Forte
Islamic Law And The Crime Of Theft, David F. Forte
Law Faculty Articles and Essays
This article introduces the concept of theft in Islamic law. As such, it does not pretend to be comprehensive either in the data it puts forth or in its analysis. Rather, the Article raises a number of issues for discussion, and offers, most tentatively, suggested answers to the following points: 1) criminality; 2) what possible justifications exist for such an extreme penalty; 3) what were the requirements for conviction; and 4) some concluding observations as to why the classical jurists encumbered a prosecution for theft with so many restrictions.
Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani
Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani
Michigan Journal of International Law
This article covers the following topics: humanitarian law and humanistic law, general concepts of humanitarian international law in Islam: armed conflict of a non-international nature and armed conflict of an international nature, and wars against polytheists and apostates.
Islam And Politics, David F. Forte
Islam And Politics, David F. Forte
Law Faculty Articles and Essays
We can thus see that Islamic tradition has recognized the venerability of the Shari'a but that the same tradition has historically given the state means to workaround the limits of the Shari'a. How far it should go has always been debated in Islam. The debate and the alternative theories all stem from the fact that the Shari'a never developed a constitutional basis for itself due to its history and the notion of law as simply the refinement of divine command. The competing views of the Shari'a's proper place have jousted with one another for a thousand years. They will continue …