Tag Archives: Islamic Law

This Article addresses the animated and evolving role that Shari'a, and Shari'a conceptions play in the contemporary world. There are various manifestations of this evolving role in the often dynamic, subtle, highly negotiated, and far from formalistic ways that Shari'a is animated in today's world...

This comparative study examines the legal requirements for marriage in Islam as well as the legal requirements for mutʿa within Shiʿi traditions...

Regarding to the great honor of the Holy Prophet's descendant (pbuh) among the believers and the importance of observing Islamic laws related to...

The legal-ethical dynamism in Islamic law which allows it to respond to the challenges of modernity is said to reside in the institution of ijtihād (independent legal thinking and hermeneutics). However, jurists like Mohsen Kadivar and Ayatollah Faḍlalla have argued that the “traditional ijtihād” paradigm has reached its limits of …

The main argument of this article is that many of the works of the contemporary Islamic literature on the “jurisprudence of Muslim minorities” attempt to provide an Islamic foundation for...

In this book, Morgan Clarke offers an authoritative and dynamic account of how the sharia is invoked both with Lebanon's state legal system, as Muslim family law, and outside it, as a framework for an...

This paper examines the new diasporic jurisprudence that has emerged within Shi'i juridical circles. Shi'i jurists (maraji‘) have responded to the needs of Shi‘i communities that live as minorities in the West by...

This essay focuses on recent divorce reforms in Egypt (2000) and Morocco (2004), with equal attention to the positions of men and women who end their marriages...

In this article, the writer examines how Muslim women who are religiously-married in Germany might initiate no-fault divorce in the absence of a German registered civil marriage...

Granting men the right of divorce is the most natural and logical way possible because giving it to the couple probably would not end well, for if not coming into an agreement on...