Migrant Women Press’ Post

We are pleased to announce the publication of the fifth issue of the open-access, peer-reviewed Journal of Islamic Law, a special issue titled "Governing Islam: Law and the State in the Modern Age." We invite you to digitally explore this issue, which explores the interplay of the norms of governance and Islamic law in Muslim societies, historically, from the eighteenth to late twentieth centuries, right at the moment when Western colonial powers arose to assert hegemony over the Muslim world. These four essays engage scholarly debates about continuities as well as discontinuities between historical and modern Islamic political–legal paradigms for state laws in imperial, colonial, and postcolonial contexts. Within this debate lies the opportunity to reexamine the modern legacies of early Islamic norms for law and governance as they intersected and diverged in novel ways. This special issue includes an introduction by this Special Issue’s Editor and current PIL-LC Research Fellow, Mohammed Allehbi (Harvard Law School), and essays by Nihat Celik (San Diego State University), Melike Batgiray Abboud (Max Planck Institute), Omar Gebril (Columbia University), and Ovamir Anjum (University of Toledo), that investigate the processes by which Muslim and non-Muslim state officials and intellectuals expanded, distorted, and otherwise molded notions of Islamic law and governance under the Ottoman Empire, British colonialism, and the modern state. Each author’s conclusions highlight imperial and local actors’ inventiveness and agency in formulating law and governance in Muslim countries. https://buff.ly/463nxa9

The interaction between private international law and Islamic law (Sharia) is quite an unexplored area. Here is one of the few articles exploring cross jurisdictional succession disputes in Muslim countries.

Who's ISLAMIC Jurist? An Islamic jurist, also known as a faqih (فَقِيه) or mufti (مُفْتِي), is a scholar of Islamic law (Shariah) who has expertise in interpreting and applying the principles of Islam to everyday life. They are trained to provide guidance and rulings (fatwas) on various aspects of Islamic practice, including: 1. Worship and rituals 2. Family and inheritance law 3. Business and financial transactions 4. Ethics and moral conduct 5. Social and community issues Islamic jurists typically study Islamic law, theology, and jurisprudence (fiqh) in depth, often for many years, and may specialize in specific areas like: 1. Hanafi, Maliki, Shafi'i, or Hanbali schools of thought 2. Islamic finance and economics 3. Family law and inheritance 4. Criminal law and justice 5. Islamic governance and politics Their role is to help Muslims understand and apply Islamic teachings in a way that is authentic, compassionate, and relevant to modern life. Islamic jurists may serve as: 1. Imams or spiritual leaders 2. Judges or arbitrators 3. Legal advisors or consultants 4. Teachers or professors 5. Authors or researchers Remember, Islamic jurists are human scholars, and their opinions may vary based on their understanding, context, and school of thought.

Understanding Inheritance in Islamic Law: A Deep Dive into Equity and Justice 📜✨ Discover the principles of guiding inheritance under Muslim law, rooted in the Quran and Hadith, ensuring fair distribution and social harmony. Learn about the roles of heirs, the prescribed shares, and the system's enduring relevance. This Article is written by Chandana Itagi #islamicinheritance #sharia #equityandjustice #familyharmony #islam #quran #hadits #legaltradition #culturalheritage #societalvalue #inheritance #muslim

Update on Shariah Course As our latest course "An Introduction to Islamic Law/Shariah" is going strong with 10 videos uploaded, and a new lesson posted every week. Thus far, we have covered the principles, goals, and maxims of Islamic Law, and a brief historical overview of how Shariah functioned. Over the next few weeks, we will record and add lessons covering the following topics: 1) The role of Qadhis in Shariah lands, with a case study of Abu Suud Effendi 2) The historical models of the Caliphate and the function of the Caliph with various case studies 3) The concept of cultural diversity in the Shariah 4) Misconceptions about the Shariah (women's rights, Non-Muslim's rights, Conquest & Slavery) The course will be a unique blend of theory and history, and will help you understand how Allah's Law works better. You do NOT want to miss this course. We have received multiple requests from students to offer a discount for those who cannot afford full price. To accommodate such students, we are offering a 79% discount for the next 20 people few sign up via this link: https://lnkd.in/dd6A5CWs

The Spirit of Law, the Role of the Religion to Legitimize the Law: Coercion vs. Divine Acceptance Amirali R. Davoudpour Iranian Canon of Medicine and Law, Administrative Wing of Law and Healing Association, Iranian Watchdog of Medicine and Law, Tehran-Iran Email of the corresponding author: davoudpour@canmedlaw.org Accepted and published July, 2024 Abstract The essence of law lies not only in its written text but in its spirit. When a law lacks spirit, enforcement relies on force and coercion. Conversely, when a law possesses spirit, it is intrinsically acceptable and enforced by a higher moral authority, often perceived as divine. This article explores the dichotomy between laws devoid of spirit, leading to coercive enforcement, and laws imbued with spirit, fostering intrinsic acceptance and moral compliance. Keywords: Governance, Islamic laws, Islamic Republic of Iran, Islamic leadership https://lnkd.in/gJkAg3v2

IMPOTENT LAW IN SO-CALLED ISLAMIC REPUBLIC OF PAKISTAN, WHICH BY DEFINITION IS NEITHER DEMOCRATIC NOR ISLAMIC UNFORTUNATELY Things You Cannot Express – According to Pakistani Law INTRODUCTION Human beings have marshaled for centuries. Unfortunately, the person in chains according to Rousseau still quests to gain the right which has become a privilege i.e. free speech. The mean-spirited tales from the dim past of mankind recount the accounts of unspeakable miseries and torture which the champions of free speech have been made to suffer. What shakes the collective conscience of humanity is the merciless resemblance of our enlightened age with that of the bygone era bereft of civility insofar as putting fetters on tongues is concerned. Nonetheless, this advocation must not be comprehended as a case for absolutist freedom rather a freedom which is “reasonably restricted”. Conceptual Basis Art. 19[1] of the Constitution of Pakistan 1973, the relevant provision in this connection, is reproduced hereunder for the facility of reference:  “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.” The freedom of speech is an inevitable precursor of not just the establishment but also the successful continuation of democratic dispensation,[2] for the automobile of democracy runs on the gasoline of public opinion.[3] Contrary to popular perception, freedom of speech, as a right, is not constricted to words spoken or written but also takes into fold every manner of dissemination of ideas e.g. signs, gestures, etc.[4] as is visible from the use of the word “expression” besides “speech” in Article 19. The right also covers cases involving “commercial speech” (by corporation) and “artistic speech” including dancing, painting, signing, writing poetry, etc.[5] It, in extension, encapsulates the freedom of ‘propagation’, ‘publication’ and ‘circulation’ of ideas[6] both individually or through media. Simply put, it means right to receive information and impart the same. In the words of Frederick Douglass: “To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.”

IMPOTENT LAW IN SO-CALLED ISLAMIC REPUBLIC OF PAKISTAN, WHICH BY DEFINITION IS NEITHER DEMOCRATIC NOR ISLAMIC UNFORTUNATELY Things You Cannot Express – According to Pakistani Law INTRODUCTION Human beings have marshaled for centuries. Unfortunately, the person in chains according to Rousseau still quests to gain the right which has become a privilege i.e. free speech. The mean-spirited tales from the dim past of mankind recount the accounts of unspeakable miseries and torture which the champions of free speech have been made to suffer. What shakes the collective conscience of humanity is the merciless resemblance of our enlightened age with that of the bygone era bereft of civility insofar as putting fetters on tongues is concerned. Nonetheless, this advocation must not be comprehended as a case for absolutist freedom rather a freedom which is “reasonably restricted”. Conceptual Basis Art. 19[1] of the Constitution of Pakistan 1973, the relevant provision in this connection, is reproduced hereunder for the facility of reference:  “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.” The freedom of speech is an inevitable precursor of not just the establishment but also the successful continuation of democratic dispensation,[2] for the automobile of democracy runs on the gasoline of public opinion.[3] Contrary to popular perception, freedom of speech, as a right, is not constricted to words spoken or written but also takes into fold every manner of dissemination of ideas e.g. signs, gestures, etc.[4] as is visible from the use of the word “expression” besides “speech” in Article 19. The right also covers cases involving “commercial speech” (by corporation) and “artistic speech” including dancing, painting, signing, writing poetry, etc.[5] It, in extension, encapsulates the freedom of ‘propagation’, ‘publication’ and ‘circulation’ of ideas[6] both individually or through media. Simply put, it means right to receive information and impart the same. In the words of Frederick Douglass: “To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.” The right to free speech inculcates political maturity, leads to the discovery of truth and grants decisional latitude.[7] Interestingly, the freedom to speak has a corresponding right to remain silent and declining to express oneself as well.[8] Though the right needs mechanisms for enforcement, even in their absence no violation of that right will be permitted, as rights exist independent of their mechanisms.[9]