Regarding to the great honor of the Holy Prophet's descendant (pbuh) among the believers and the importance of observing Islamic laws related to...
Read More »Two Shi‘i Jurisprudential Methodologies to Address Medical and Bioethical Challenges
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 …
Read More »Sources of Moral Obligation to Non-Muslims in the “Jurisprudence of Muslim Minorities”
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...
Read More »Book: Islam and Law in Lebanon: Sharia within and without the State
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...
Read More »Article: The Marja‘iyya and the Juristic Challenges of the Diaspora
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...
Read More »Divorce Reform in Egypt and Morocco: Men and Women Navigating Rights and Duties
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...
Read More »The Practice of Khulʿ in Germany: Pragmatism versus Conservativism
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...
Read More »Why Is the Right of Divorce Given to Men in Islam?
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...
Read More »Al-Shahāda al-Thālitha in Shia Jurisprudence
It is famously held that the Third Testimony (Al-Shahāda al-Thālitha) entered the Shiite adhan since the Safavid era. However, there is evidence that it was recited in adhans prior to this era in different regions. For example...
Read More »Article: Islamic Law in the Modern World
The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a...
Read More »