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Islamic Law

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Islamic Finance Law

Islamic Criminal Law

Islamic Family Law

Arbitration under the Islamic Law

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The Journal of Islamic Law   is a peer-reviewed online Journal—published together with a regular Forum —that features new scholarship in Islamic legal studies. Focusing on historical, comparative, and law and society approaches to Islamic law, we  also have a keen interest in featuring  data science tools and primary sources that inform the scholarly analysis. The  SHARIAsource Portal  houses both the tools and the sources, and it provides an opportunity for scholars to curate an online companion to their scholarly contributions to the Journal or the Forum . The  Journal  welcomes long-form articles, essays, book reviews, and notes on cases and other new developments in the field. The more dynamic and slightly less formal  Forum provides space for timely scholarly engagement and debate: invited roundtables on thematic issues of the day, essays on underexplored manuscripts or recent articles, and presentations of data science tools developed for or applied to the field. The  Journal  is on an annual schedule, and its related  Forum  will feature new content throughout the year. Our editorial board and peer reviewers select scholarship on the basis of excellence and novel contributions to the field. For submission details, see the  submission guidelines .

Current Issue

Editor’s Introduction to the Special Issue: Reevaluating the Norms of Law and Governance in Islamic Legal History

The ottomans and international law: the russian annexation of the crimean khanate in 1783 in the light of the documents from the ottoman archives, between code and custom: middlemen as agents of legal transformation in early anglo-egyptian colonial sudan, recasting al-siyāsa al-sharʿiyya in 1920s egypt: formulating a theory of an islamic modern state, conjuring sovereignty: how the “constitution” of medina became an oracle of modern statehood, debating sharīʿa in egypt’s national courts.

This article explores debates about the role of Islamic law ( sharīʿa ) in the early development of the native courts in Egypt, established in 1883. Current literature focuses on the impact of European influence, arguing that the native courts and the codes they implemented broke away from a past dominated by Islamic law, sidelined pre-modern juristic ( fiqh ) understandings, and reflected an importation of European norms in service of a growing modern state. Using periodicals published within the first ten years following the establishment of the native courts, this article argues that, for both supporters and detractors, the question was not whether the sharīʿa  was being implemented but how it should be understood and utilized. Ideas informed by external influences, such as the rule of law and the creation of an independent judiciary, were significant and helped to shape the development and operation of the native courts. However, these ideas were viewed by observers through a broader conceptualization of the  sharīʿa  that included the work of the political authority to achieve a central goal: to nationalize the  sharīʿa  and establish justice in a rapidly changing social and legal environment.

Forging a Habsburg Islamic Legal System

The integration of Islamic law into the Habsburg administration in Bosnia and Herzegovina following the 1878 occupation marked a significant shift in the existing Islamic legal system. This paper examines the impacts of the legal reforms implemented by the Austro-Hungarian government, focusing on the agency of local  qāḍī s and plaintiffs in the process. The Habsburg bureaucracy reduced the application of Islamic law to the private sphere of family and marriage and established a two-tier court system, including a Supreme Sharia Court in Sarajevo, under state control. The analysis suggests that the integration of the Sharia courts into the Habsburg administration began a process of translation of legal norms, knowledge, values, and practices, resulting in a unique blend of Ottoman Islamic legal practices and Habsburg legal structures and values. The paper argues that this created new opportunities for legal claim-making by local plaintiffs.

Editor’s Introduction to the Special Issue

This special issue explores the interactions between Islamic law and other legal traditions during the modern period, particularly in the contexts of colonialism, imperialism, and centralized bureaucratic states from the eighteenth to early twentieth centuries. The three essays in the issue contribute to the ongoing scholarly debates that present contrasting views on the fate of sharīʿa during this period. Between the two sides of this debate, there is a space ripe for exploring the fitness and movement of Islamic law in the contested period between tradition and modernity.

“Emancipating” Muslim Women in Early Nineteenth-Century Russia

This paper examines the legal authority of Fathullah Huseyn ughli, a prominent jurist ( ākhūnd ) of the Volga-Ural region between the 1820s and his death in 1843. The analysis focuses on the fatwās he issued and legal cases he resolved regarding women’s divorce. Huseyn ughli’s fatwā s reveal several significant points. Firstly, despite increased regulation of Muslim marriage and divorce by the Russian Empire during this period, Huseyn ughli maintained his legal authority and made independent legal decisions with the authorization of the Orenburg Assembly. Secondly, his fatwā s highlight his support for women who were suffering and his efforts to find solutions for each unique case with the assistance of local Muslim communities. He utilized his legal authority to identify loopholes and deliver rulings that diverged from mainstream Ḥanafī opinions, particularly regarding divorce based on non-maintenance. However, his flexibility was limited after 1841–42, when Muftī Suleymanov intervened, establishing the mainstream Ḥanafī position that prohibited divorce in such cases and enforcing it as a rule for all Volga-Ural ʿulamāʾ .

• Articles in Press
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∴  Title: Journal of Islamic Law Research ∴  First Released: Winter 2000 ∴  Subject Area: Law with an Islamic Approach ∴  Permitted Papers: Research Articles | Review Articles | Brief Communications ∴  Permitted Languages: English | Persian | Arabic      ∴  Extended Abstract & References in English for Non-English Articles ∴  Access Policy: Fully Open Access ∴  Publication Ethical Policy: COPE Guidelines ∴  Review Policy: Peer Review | Double Blind ∴  Submission Procedure: By Registering & Logging in on this Website ∴  Article Processing Charge : $150 USD ∴  Citation Standard: APA Style 7th Edition | In-Text ∴  Permanent Article Identifier: Unique DOI for Each Article ∴  Initial Screening Time: Three Days ∴  From Submission to Release: At Least Two Months ∴  Plagiarism Detection: Crossref | iThenticate | SamimNoor ∴  Queries: [email protected] | [email protected]

Masthead & Front Matter in English

• PDF 919.04 K

Research Article

Explaining the theory of "the essence of the relationship between expression and meaning" in the methodological principles of islamic jurisprudence and presenting its legal implications.

Pages 235-264

10.30497/law.2024.245781.3489

Sajjad Afshar; Amin Ebrahimzadeh

• View Article
• PDF 627.25 K

A Legal Inquiry into the Burial of the Deceased on Private Properties in Islamic Jurisprudence

Pages 265-290

10.30497/law.2024.245812.3493

Saeed Mahjoob; Mohammad Taghi Moradi

• PDF 608.79 K

Recognition of the Place and Legal Effects of "Transactions Contrary to the Commitment to Legal Act Omission"

Pages 291-316

10.30497/law.2024.245434.3450

Seyyed Ali Asghar Rahimi; Seyyed Fazel Seyyedi

• PDF 586.99 K

Resolving the Conflict between Absolute and Conditional Affirmative Rulings in Islamic Jurisprudence and Statutory Laws

Pages 317-342

10.30497/law.2024.245666.3480

Mohsen Vaseghi; Mohammad Mehryar; Seyyede Fatemeh Hashemi

• PDF 623.72 K

Feasibility of Adjusting Rent in Epidemic Conditions; with Emphasis on Covid-19

Pages 343-370

10.30497/law.2024.245676.3482

Nasrollah Jafari Khosroabadi; Hossein Abedini; Amir Hosein Habibollahian

• PDF 610.44 K

Scope and Legal Obligations of Financial Audit by the Supreme Audit Court of Iran in Light of the Opinions of the Guardian Council

Pages 371-406

10.30497/law.2024.245279.3432

Mostafa Mansourian; Alireza Jafarzadeh Bahaabadi

• PDF 697.98 K

Review Article

Analyzing the approach of the biography of the prophet of islam (pbuh) regarding women's moral crimes; with a look at pre-islamic moral crimes.

Pages 407-436

10.30497/law.2024.245633.3475

Shahla Bakhtiari; Maryam Zekavat

• PDF 675.15 K

Brief Communication Paper

Examining the scope of tax liabilities under article 187 of direct taxes act of iran: a consideration in islamic jurisprudence and the iranian law.

Pages 437-460

10.30497/law.2024.245356.3442

Mohammad Reza Abbasi; Mohammad Shokri

• PDF 561.87 K

Masthead & Front Matter in Persian

• PDF 909.37 K

Publication Information

Indexing and abstracting.

Islamic Law

Encyclopedias, dictionaries, a note about translations, the sources, hadith collections, al-jami' al-kabir li-kutub al-turath (digital book collection), a note about books and catalogues, bibliographies, introductory books in english, introductory books in arabic, related books in the harvard libraries, subject-specific and multidisciplinary indexes for articles, topical journals, legal indexes for journal articles and books (multiple jurisdictions), a note about the sources highlighted, regional sources, saudi arabia, muslim law systems, fatawa - religious rulings, islamic law collections and islamic legal studies programs, subject guide, contact us, introductory sources.

The sources recommended in this guide are only a sample of what's available in our collection on Islamic law.  If you don't see what you need, contact us using the information to the left!  We are available for quick questions or for private research consultation by appointment.

• The Encyclopaedia of Islam Available in print and electronic formats with three editions dating back to 1913.
• Encyclopaedia of the Qur’an Encyclopedia covering all aspects of the Qur’an including qur’anic terms, concepts, personalities, place names, cultural history and exegesis as well as essays on important themes and subjects within qur’anic studies. more... less... English language encyclopedia covering all aspects of the Qur’ān including qur’ānic terms, concepts, personalities, place names, cultural history and exegesis as well as essays on important themes and subjects within qur’ānic studies. This site also includes 62 Early Printed Western Qur’āns Online and the Electronic Qur’ān. Concordance.
• Encyclopaedia of Islam editor-in-chief, M. Mukarram Ahmed
• Encyclopaedia of Islamic law and jurisprudence Multi-volume set: v. 1. Basic aspects of Islamic law; v. 2. Dimensions of Islamic law; v. 3. Islamic law and society; v. 4. Islamic law and family; v. 5. Islamic law and marriage; v. 6. Islamic law and divorce; v. 7. Islamic law and security; v. 8. Islamic law and criminology; v. 9. Jurisprudence under Islamic law; v. 10. Islamic law and endowment; v. 11. Islamic law and human rights
• Encyclopaedia of Islamic law v. 1. Concepts of Islamic law; v. 2. Foundations of Islamic law; v. 3. Islamic law in practice; v. 4. Civil law in Islam; v. 5. Family law in Islam; v. 6. Law of marriage and divorce in Islam; v. 7. Law of Waqf in Islam; v. 8. Criminal law in Islam; v. 9. Jurisprudence in Islam; v. 10. Law of governance in Islam
• Encyclopedia of Islamic law: a compendium of the views of the major schools Based on two main Arabic sources: al-Fiqh alal madhdhab al-arbaah and al-Fiqh alal madhdhab al-khamsa
• Oxford Islamic Studies Online This authoritative, dynamic resource brings together the best current scholarship in the field for students, scholars, government officials, community groups, and librarians to foster a more accurate and informed understanding of the Islamic world. Oxford Islamic Studies Online features reference content and commentary by renowned scholars in areas such as global Islamic history, concepts, people, practices, politics, and culture, and is regularly updated as new content is commissioned and approved. more... less... Oxford Islamic Studies Online features articles, biographies, primary texts, Qur'anic materials, and books by scholars in areas such as global Islamic history, concepts, people, practices, politics, and culture. Articles come from The Oxford Encyclopedia of the Islamic World, The Oxford Encyclopedia of the Modern Islamic World, The Islamic World: Past and Present, The Oxford Dictionary of Islam, The Oxford History of Islam, and What Everyone Needs To Know About Islam. The Koran Interpreted (a verse translation by A.J. Arberry) and The Qur'an (a prose translation by M.A.S. Abdel Haleem) are included, as is the first electronic version of Hanna E. Kassis's A Concordance of the Qur'an.

• A dictionary of Islam by Thomas Patrick Hughes
• Qāmūs al-muṣṭalaḥāt al-dīnīyah = Dictionary of religious terms / ʻIzz al-Dīn Muḥammad Najīb
• "Hukukı islâmiyye ve ıstılahatı fıkhiyye" kamusu / Ömer Nasûhi Bilmen In Turkish, with some Arabic text.
• Muʻjam muṣṭalaḥāt alfāẓ al-fiqh al-Islāmī / Sāʼir Baṣmahʹjī
• Farhang-i vāzhagān va iṣṭilāḥāt-i Islāmī / Parvīz Āzhīdah Persian and English.
• Muʻjam al-muṣṭalaḥāt al-fiqhīyah / taʾlīf Ibrāhīm Ismāʻīl al-Shahrakānī
• Farhang-i fiqh : muṭābiq-i maẕhab-i ahl-i bayt, ʻalayhim al-salām / taḥqīq va taʼlīf Mūʾassasah-i Dāʻirat al-Maʻārif-i Fiqh-i Islāmī ; zīr-i naẓar-i Maḥmūd Hāshimī Shāhrūdī

Primary Sources - Qur'an and Hadith

There are many authoritative translations in other languages available in our collection.  Please consult the reference staff if you have a specific title or would like to inquire about translations in another language.

The sources of Islamic Law are the Qur'an and the Sunnah (the traditions of the Prophet).   Most of these texts have been digitized in various translations and are available on the web. 

In addition to the web collections below, the Harvard University Libraries hold tremendous collections on the sources--in Arabic and English as well as Western European Languages.   Please consult HOLLIS or a reference librarian for further assistance.

• The Noble Qur'an Translations of the Qur'an.
• Al-Tafsir.com Translations of the Holy Qur’an in various languages. Please note that not all of the following translations are authentic.
• The Holy Qur'an : text, translation & commentary / by Abdullah Yusuf Ali. English and Arabic in parallel columns.
• The Gracious Quran : a modern-phrased interpretation in English / Ahmad Zaki Hammad. Arabic-English parallel ed.
• Collections of Ahadith Collections include: Sahih Bukhari صحيح البخاري Sahih Muslim صحيح مسلم Sunan al-Nasa'i سنن النسائي Sunan Abi Dawud سنن أبي داود Jami` al-Tirmidhi جامع الترمذي Sunan ibn Majah سنن ابن ماجه
• al-Jāmiʻ al-kabīr li-kutub al-turāth al-Islāmī wa-al-ʻArabī [CD-ROM] : akthar min 30000 mujallad ḥāsūbī, akthar min 2600 ʻunwān kitāb, akthar min 1400 ʻunwān yanfaridu bi-hi al-barnāmaj, al-iṣdār 5.0, al-naskhah al-dhahabīyah al-muṭawwarah, 9Extrenal H.D) A large collection of Islamic and Arabic heritage books Ver 5.0. Law School Islamic Ref - hard disk is installed on both PCs next to Islamic Law Collection in L1N.

A good place to start is the Harvard online public catalogue called Hollis .  General books dealing with Islamic law are catalogued under Islamic Law .   Other topics are catalogued with the topic-- marriage for example and Islamic law.  To find the application of Islamic law in a specific country, search for Islamic Law and a particular country like Egypt .   At Harvard, most materials on Islamic law will be found in HLSL, Widener and Andover-Harvard Theological Library . If you are interested in knowing about books at other libraries, WorldCat is an excellent resource.  Here you will access to the collections at major research libraries all over the world.  Search terms are the same as for Hollis.

• Islamic Law: A Bibliography of Recent Works Published in English This bibliography covers English-language books and articles within books that discuss Islamic law. The titles have all been published since 2003 and are held in the Library of Congress. The listing is divided into three sections: works on Islamic law in general, works on the history of Islamic law, and works devoted to a specific area of law.
• Oxford Bibliography on Hadith by J.A.C. Brown Lists major hadith collections in Arabic and translations.
• An Introduction to Islamic Law by Joseph Schacht
• An introduction to Islamic law by Wael B. Hallaq
• A history of Islamic law by N.J. Coulson
• Between God and the sultan : a history of Islamic law by Knut Vikør
• Islamic law : from historical foundations to contemporary practice by Mawil Izzi Dien
• al-Madkhal ilá dirāsat al-Sharīʻah al-Islāmīyah / Rābiḥ Bin Gharīb
• al-Madkhal li-dirāsat al-fiqh al-Islāmī / li-Ṣalāḥ Muḥammad Abū al-Ḥājj
• al-Sharīʻah al-Islāmīyah kamāl fī al-dīn wa-tamām lil-niʻmah / Muḥammad Riyāḍ
• al-Madkhal ilá al-sharīʻah wa-al-fiqh al-Islāmī / ʻUmar Sulaymān al-Ashqar
• Madkhal li-dirāsāt al-sharīʻah al-Islāmīyah / Yūsuf al-Qaraḍāwī
• Materials from the Harvard libraries on Islamic law and jurisprudence Preset catalog search so you can browse the Harvard libraries' collection.
• Islamic Manuscripts (HathiTrust Digital Library) Over 900 Islamic manuscripts from U. of Michigan.
• Index Islamicus, 1665-1905: a bibliography of articles on Islamic subjects in periodicals and other collective publications Print edition of the above index for earlier years (1665-1905).
• JSTOR This full-text database spans many disciplines, primarily in the humanities and social sciences. more... less... Includes all titles in the JSTOR collection, excluding recent issues. JSTOR (www.jstor.org) is a not-for-profit organization with a dual mission to create and maintain a trusted archive of important scholarly journals, and to provide access to these journals as widely as possible. Content in JSTOR spans many disciplines, primarily in the humanities and social sciences. For complete lists of titles and collections, please refer to http://www.jstor.org/about/collection.list.html.
• PAIS International (Harvard Login) Multidisciplinary resource. "PAIS indexes publications in English, French, German, Italian, Portuguese, and Spanish. The database is comprised of abstracts of thousands of journal articles, books, directories, conference proceedings, government documents and statistical yearbooks." more... less... PAIS International indexes the public and social policy literature of public administration, political science, economics, finance, international relations, law, and health care, International in scope, PAIS indexes publications in English, French, German, Italian, Portuguese, and Spanish. The database is comprised of abstracts of thousands of journal articles, books, directories, conference proceedings, government documents and statistical yearbooks.
• Academic Search Premier (Harvard Login) A multi-disciplinary database that includes citations and abstracts from over 4,700 scholarly publications (journals, magazines and newspapers). more... less... Academic Search Premier (ASP) is a multi-disciplinary database that includes citations and abstracts from over 4,700 scholarly publications (journals, magazines and newspapers). Full text is available for more than 3,600 of the publications and is searchable.
• Islam in Contemporary Sub-Saharan Africa The bibliography contains several thousand references to secondary literature in European languages about Islam in contemporary Sub-Saharan Africa, published between 1960 to 2005. more... less... The bibliography of Islam in Contemporary Sub-Saharan Africa has been prepared in conjunction with the African Studies Centre (ASC) and the Centre d’Etude d’Afrique Noire project “Islam, the Disengagement of the State, and Globalization in Sub-Saharan Africa,” that was funded by the Netherlands Ministry of Foreign Affairs, which resulted in a Conference held at the UNESCO in May 2005. ####The bibliography contains several thousand references to secondary literature in European languages about Islam in contemporary Sub-Saharan Africa, published between 1960 to 2005. Many of the entries also have abstracts produced by the ASC library. Select entries have abstracts from the authors, publishers, and journals themselves.
• Berkeley Journal of Middle Eastern & Islamic law The Berkeley Journal of Middle Eastern & Islamic Law is a US-based law journal that covers relevant topics in Middle Eastern, Islamic, and comparative law.
• Arab law quarterly Published on behalf of: the Society of Arab Comparative and International Law.
• Islamic law and society Provides a forum for research in the field of classical and modern Islamic law, in Muslim and non-Muslim countries. Articles are published in French or English.
• UCLA journal of Islamic and Near Eastern Law The UCLA Journal of Islamic and Near Eastern Law contains the full text of documents that are dedicated to the scholarly review of legal issues that are of importance to Muslims and Near Easterners.
• The journal of Islamic law & culture The Journal of Islamic Law & Culture contains the full text of documents that are dedicated to the understanding of Islamic law and culture in America's legal, religious, and Muslim communities.
• Majallat al-sharīʻah wa-al-dirāsāt al-Islāmīyah Alternate title: Journal of shari’a and Islamic studies. Articles are mainly in Arabic with some in English.
• Islamic Law & Law of the Muslim World eJournal The only Social Science Research Network (SSRN) journal that focuses on this area of law, the Islamic Law and Law of the Muslim World Research Paper Series at New York Law School.

Legal periodical indexes generally only allow you to search the title, citation, abstract, keywords (sometimes author-supplied), and subject terms given to a journal article, rather than the full text.  A benefit to using a legal periodical index is that it will include all issues and volumes of a given journal, without any gaps in coverage, back to a certain date. (For example, Legaltrac's contents go back to 1980.  Full text databases can have gaps in coverage, sometimes many years' worth, for an individual journal.

• Index to Legal Periodicals and Books [Harvard Law only] Provides citations to articles in over 800 legal periodicals such as law reviews, bar association journals, yearbooks, institutes, and government publications from August 1981 to the present. Focus of content is mainly on journals from Anglo-American countries.
• Legal Journals Index, only on Westlaw [Harvard Law only] Indexes articles from legal journals published in the United Kingdom and Europe as well as journals covering topics pertaining to the laws of the European Community and its Member States. Coverage is from 1986 to present.
• Le Doctrinal Indexes French language law journals.

Domestic Legal Systems

This tab includes the sources on opinions, judgments and finding aids such as digests or indexes from the various states with Islamic law component (historical and/or contemporary).  Most of the compilations include domestic relations cases in the vernacular and English translations, if available.

• al-Fatāwá al-Islāmīyah min Dār al-Iftāʼ al-Miṣrīyah Fatwas issued by Dār al-Iftāʼ al-Miṣrīyah. 39 volume set; coverage period 1895-2012
• Official Gazette - al-Jarīdah al-rasmīyah
• al-Maḥkamah al-Dustūrīyah al-ʻUlyā - Egyptian Constitutional Court cases Egyptian Constitutional Court cases are also available on the Court's website, http://hccourt.gov.eg/Pages/Rules/Rules_Search.aspx.
• Mawsūʻat al-fatāwá al-muʼaṣṣalah min Dār al-Iftāʼ al-Miṣrīyah Fatwas issued by Dār al-Iftāʼ al-Miṣrīyah. Coverage 2013 supplements the above set.
• Himpunan putusan kasasi peradilan agama Supreme Court’s decisions in cases involving Islamic family law for Indonesian Muslims. Published in 2001.
• Himpunan putusan kasasi peradilan agama Supreme Court’s decisions in cases involving Islamic family law for Indonesian Muslims. Published in 2000.
• Official Gazette - Rūznāmah-ʾi rasmī-i Jumhūrī-i Islāmī-i Īrān. Official Gazette
• Ḥudūd : jarāʼim-i khilāf-i akhlāq-i ḥasanah
• Iran Criminal Code
• al-Qarārāt al-istiʾnāfīyah fī al-aḥwāl al-shakhṣīyah
• al-Qaḍāʼ al-sharʻī al-Jaʻfarī: ijtihādāt - nuṣūṣ
• Muṭālaʻāt al-niyābah al-ʻāmmah al-istiʼnāfīyah ladá al-maḥkamah al-Sharʻīyah al-Sunnīyah al-ʻUlyā
• Shariah law reports Quarterly case reporter of Malaysian shariah judgments.
• Mudawwanat al-usrah wa-al-ʻamal al-qaḍāʾī al-Maghribī Covers cases on domestic relations.
• Toma Legal Retrieve IP access. Access may be limited to users with a valid Harvard ID. Full text of all legislation in force (1990- ); full text of selected judgments of Court of Appeal of Nigeria, federal high courts of Nigeria, and states’ high courts of Nigeria; legal precedents and business letters; Supreme Court of Nigeria judgments (1956- ); investment, petroleum, company, and taxation laws of Nigeria; court rules; judgments of West African Court of Appeal (WACA) and appeals from WACA to Privy Council.
• 37 years’ excellent digest on family laws, 1961 to 1997: with digest of Islamic laws on family matters
• Complete digest on Mahomedan law
• Select ruling on family laws in Pakistan
• Twenty eight years’ digest on Muslim laws, 1947-1974 : containing custody of minor, dower, gift, guardianship, maintenance, marriage, pre-emption. Muslim personal law (Shariat) application act (X of 1973), Muslim family laws ordinance (VIII of 1961)
• The Board of Quazis’ law reports: with a digest Cases from the Board of Quazis from 2001-2010 on domestic relations.
• al-Mawsūʻah al-ḥadīthah fī al-anẓimah al-Saʻūdīyah
• Istanbul Kadi Sicilleri Available in print and searchable online, http://www.kadisicilleri.org/index.php, this 40-volume set includes Istanbul court records from the Ottoman period.

Other Resources

Muslim Law Systems and Mixed Systems with a Muslim Law Tradition provided by University of Ottawa

• JuriGlobe - World Legal Systems
• Fatawa - Muslim World League (Makkah) The Muslim World League was founded in accordance with a resolution adopted during the meeting of the General Islamic Conference, which was held in Holy Makkah on the 14th of Dhul Hijjah 1381 Hijra corresponding to the 18th May 1962. Affiliations: - The United Nations Organization: Observer in consultative status with the ECOSOC. - Organization of the Islamic Conference: Observe status in attendance at all meetings and conferences. - ISESCO: Member - UNICEF: Member
• Islamic Legal Studies Program (Harvard Law School) Harvard Law School's Islamic Legal Studies Program (ILSP), established in 1991, is a research program that seeks to advance knowledge and understanding of Islamic law. As stated in its statement of objectives (incorporated into the terms of its major grants), the Program is dedicated to achieving excellence in the study of Islamic law through objective and comparative methods. It aims to foster an atmosphere of open inquiry that embraces many perspectives: Muslim and non-Muslim, scholar and practitioner, contemporary and classical, Sunni and Shi'i, law and religion. It seeks to promote appreciation of Islamic law as one of the world's major legal systems.
• Bibliographic Resources for Middle East & Islamic Studies (Columbia University) This is a selective guide to major reference resources on Middle Eastern history, religion, literature, politics, and culture, available at Columbia University Libraries. The guide includes encyclopedias, biographical and subject-specific dictionaries, foreign-language dictionaries, research guides and subject bibliographies, and relevant databases for periodical articles and other writings.
• Islamic Heritage Project IHP is a multi-disciplinary collection of high-quality digital reproductions of more than 270 Islamic manuscripts, more than 300 published texts, and 58 maps from Harvard's renowned library and museum collections. Subjects represented include religious texts and commentaries; Sufism; history, geography, law, and the sciences (astronomy, astrology, mathematics, medicine); poetry and literature; rhetoric, logic, and philosophy; calligraphy, dictionaries and grammar, as well as biographies and autobiographical works. Coverage 10th-20th centuries CE. more... less... IHP is a multi-disciplinary collection of high-quality digital reproductions of more than 270 Islamic manuscripts, more than 300 published texts, and 58 maps from Harvard's renowned library and museum collections. Subjects represented include religious texts and commentaries; Sufism; history, geography, law, and the sciences (astronomy, astrology, mathematics, medicine); poetry and literature; rhetoric, logic, and philosophy; calligraphy, dictionaries and grammar, as well as biographies and autobiographical works.
• Islamic Manuscripts Cataloging Project (Princeton University) Online Cataloging for the New Series of Islamic Manuscripts at Princeton Cataloging is now available online for the entire collection of the nearly 2200 manuscripts comprising the New Series of Islamic Manuscripts in the Manuscripts Division, Department of Rare Books and Special Collections, Princeton University Library. The New Series constitutes the premier collection of predominantly Shi`ite manuscripts in the Western Hemisphere and among the finest in the world. The online records have been created as part of the Islamic Manuscripts Cataloging and Digitization Project, to improve access to these rich collections and share them worldwide through digital technology. Researchers can now locate Arabic, Persian, and Ottoman Turkish manuscripts by searching the Library’s online catalog: http://catalog.princeton.edu.

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• Last Updated: Apr 12, 2024 4:50 PM
• URL: https://guides.library.harvard.edu/islamiclaw

Harvard University Digital Accessibility Policy

Nature of Islamic Law

14 Pages Posted: 15 Aug 2021

Shahbaz Akhtar

International Islamic University, Islamabad

Date Written: July 18, 2021

The following topic is about the nature as well as sources of Islamic law which are divided into primary and secondary sources. These sources of Islamic law are discussed in detail. Side by side, basic difference between Shariah and Fiqh is also discussed. It also contains information with respect to the subject matter of Islamic law.

Suggested Citation: Suggested Citation

Shahbaz Akhtar (Contact Author)

International islamic university, islamabad ( email ).

PO Box 1243 Sector H-10 Islamabad, 44000 Pakistan

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Islamic Law: Specific Topics

• Introductory Materials
• Primary Sources
• General Texts and Bibliographies
• Specific Topics
• Web Resources
• Legal Practice / Pro-Bono

Specific Topics in Islamic Law

• Books here are listed by area of substantive law / topics / jurisdictions
• See  Bakhtiar and Reinhart  1996 and Bibliographies  for an overview of the field.

Topics/Jurisdictions in Islamic law

• Family Law and Women in Islam
• Corporate and Commercial Law
• Wills, Probate and Administration
• Criminal Law
• Constitutional and Administrative Law
• Property Law and Equity & Trusts
• Intellectual Property
• Human Rights
• Public International Law
• Comparative Law
• Legal Theory / Jurisprudence and Sources
• Islamic Law by Jurisdiction / Region

Subject header(s) in LINC catalogue: Marriage (Islamic law) ;  Divorce (Islamic law) ;  Domestic relations (Islamic law) ; Women (Islamic law) ; Women - Legal status, laws, etc (Islamic law) ;  Muslim women - Legal status, laws, etc.

See also: Oxford Bibliographies - Islamic Law and Gender ; CIMEL SOAS  Islamic Family Law Introduction by Chibli Mallat and Feminism and Islam Introduction by Mai Yamani

Subject header(s) in LINC catalogue: Commercial law (Islamic law) ; Contracts (Islamic law) ;  Finance (Islamic law) ; Banking law (Islamic law) ;  Finance - Religious aspects - Islam ; Banks and banking - Islamic countries

See also: Oxford Bibliographies - Islamic Finance ;  CIMEL SOAS  Islamic Law and Finance Introduction by William Ballantyne and Commercial Law Introduction by Hilary Lewis Rutley and Chibli Mallat

Subject header(s) in LINC catalogue:  Inheritance and succession (Islamic law) ; Wills (Islamic law)

Subject header(s) in LINC catalogue:  Criminal law (Islamic law) ;  Punishment (Islamic law)

See also: Oxford Bibliographies - Islamic Criminal Law  and  An Introduction to Islamic Criminal Justice: A Teaching and Learning Manual (Shaleen Mansoor, London: UK Centre for Legal Education, 2011)

Subject header(s) in LINC catalogue: Constitutional law (Islamic law) ; Islam and the state

See also:  CIMEL SOAS  Islam and Public Law Introduction by Chibli Mallat

Subject header(s) in LINC catalogue: Waqf ;  Property (Islamic law) ;  Right of property (Islamic law)

Subject header(s) in LINC catalogue:  Intellectual property (Islamic law) ;  Copyright (Islamic law)

Subject header(s) in LINC catalogue:  Human rights - Religious aspects - Islam ; Human rights - Islamic countries ;  Civil rights (Islamic law)

See also: Oxford Bibliographies - Human Rights (Islamic law)

Subject header(s) in LINC catalogue: International law (Islamic law) ; War (Islamic law)

See also:  Oxford Bibliographies - Islamic International Law

Subject header(s) in LINC catalogue: Comparative law ; Law - (Jurisdiction) - Islamic influences

Subject header(s) in LINC catalogue: Islamic law - interpretation and construction ; Islamic law - sources ; Qur'an ; Koran ;  Hadith ; Sunna

See also: Oxford Bibliographies - Principles of Law (usul al-fiqh) - important reference as Islamic law comprises several schools and is not monolithic; Qur'an ;  Sunna ;  Hadith  and more under 'Related Articles'

• The Spirit of Islamic Law by Bernard G. Weiss Call Number: KA615 Wei ISBN: 0820319775 Publication Date: University of Georgia Press, 1998-08-01

Subject header(s) in LINC catalogue - See Islamic law subdivided by A-Z jurisdictions, e.g. Islamic law - Southeast Asia  

• Islamic Law in South-East Asia by M.B. Hooker Call Number: BP63 Hoo ISBN: 0195825039 Publication Date: Oxford University Press, 1984-07-19 Prof Hooker, a leading scholar of Malay adat and Islamic law studies in South-east Asia, focuses on 3 aspects: (1) Relation between local Adat and Sharia laws; (2) Colonial British influence on Islamic legal jurisdiction and; (3) Islamization of substantive law.

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Islamic/Sharia Law

Islamic/sharia law research papers/topics, the doctrine of the rule of law under islamic law: a critical analysis on its juristic approach.

The rule of law is the basis of any well-established legal system and Islam is not out of the picture. In other words, the doctrine of rule of law is well settled under Islamic law and various scholars has over the years examine the applicability of these cardinal rule in Islamic and hitherto the effect on the people especially where the doctrine is not followed. This lengthy piece aims to achieve that goal of discussing legal approaches to the rule of law in Islamic law, it is divided into f...

ISLAMIC APPRAISAL OF ZAUREN ṢULḤ (RECONCILIATION FORUM) AS CONFLICT RESOLUTION MECHANISM IN BAUCHI STATE (2003 TO 2018)

Abstract As long as people live together, they might have their individual or collective interests, opinions, thoughts, tastes and beliefs to defend or guard, and in the course of protecting any, it may lead to a dispute. The effort of Sharī’ah Commission Bauchi State to adopt a device mechanism for resolving conflict amicably through the use of Islamic sources yielded great impact on the one side, and it faced some challenges on the other hand. This research investigated Zauren Ṣulḥ ...

Misconceptions of Women's Rights in Islam and Its Refutations: A Conceptual Study Based on Sources of Islamic Law

Abstract The status of women in Islam is clear and very unambiguous. Concerns are often raised about the status of women in Islamic law. Frequently, misunderstandings and misinterpretations about how women are handled by Islam are used to encourage. the notion that Islam is misogynistic in the western world. Consequently, the objectives of this study to identify the misinterpretation, misconceptions of woman's rights in Islamic and to provide appropriate refutations for the misconceptions....

A Female Quazi Appointed in the Judicial Position: Islamic Law and Public Opinion in Sri Lankan Context

Abstract: A Woman’s Competent to Be Appointed as a Judge in Quazi Courts. In Muslim Societies Has Been a Debated Issue For Decades. Although Some Muslim Majority Countries, Including Indonesia, Malaysia And Arab Countries, Have Allowed Women Judges (Qudath) In Shariah Courts, The Muslim Religious Leadership In Sri Lanka, Namely All Ceylon Jamiyathul Ulama (ACJU) As Opposed To Such Appointment To Administrate The Muslim Marriage And Divorce Act Of 1951 (MMDA) Which Is Administrated By T...

DISSOLUTION OF MARRIAGE ON THE GROUND OF LACK OF MAINTENANCE UNDER ISLAM

Background of the Study The growth and development of contemporary society in Nigeria and present social, political and economic pains being have had grave or adverse effect on the life span and sustenance of marriages in general. The consequential hardship and challenges existing in many marriages today violently push the edges of the enclosing envelope of survival of most marriages, leading to greater number of cases of separations or outright divorce. Invariably, issues relating to the dis...

The Rights of Women to Inheritance under the islamic law

 This work gives an overview of the system of Islamic law and of course the place of women. It then provides a detailed description of the ways in which the law govern the rights of wives, mothers, daughters, and other female relatives to inherit property without living behind the examination of the historical, legal and philosophical foundations of the practices of women’s rights to property in this jurisdiction. Keywords: Islamic law of inheritance, women’s rights, property.

The Right of Girl Child to Education in Islam

The work gives highlight of the rights of girl child in islam. SCOPE OF THE STUDY As the title of the essay implies, the work will only be limited as to the right to education of the female child in Islam. While doing this, the researcher  would briefly look into the history of the girl child before the advent of Islam. The work will also discuss the girl child in Islam and what Islam says about them. Moreover,the  research   would   equally   discuss   the   right   to   educ...

Effects and position of intoxication in Islam

ABSTRACT: This research consists: abstract, introduction, intoxication, conclusion, and references. And also tries  to  define the intoxication, elaborates the types of intoxication substances, psychological effects, social effects, the three stages for prohibition  of intoxication, liquid and drug intoxicants, punishment  for   taking   intoxicants,   conditions   for   punishment,   and recommendation.  INTRODUCTION:  Prophet Muhammad (peace and blessings be upon him) was...

OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE SHARIAH AND NIGERIAN STATUTE. A COMPARATIVE ANALYSIS

ABSTRACT Most countries have conferred the power/ownership of their resources on their government, not allowing individuals to lay claim to them. This has been beneficial for international business purposes, especially in the petroleum sector and has ensured stable revenue which is then distributed amongst the individual states in the country; while some countries like the USA recognize both state and individual ownership. Associated with exploration and exploitation activities of most natura...

DOUBLE DECKER MARRIAGE IN NIGERIA (ISSUES, PROBLEMS AND SOLUTIONS)

ABSTRACT It has become a common practice in Nigeria for parties who intend to contract a statutory marriage to marry first under customary law before the solemnization of the statutory marriage. This practice may be explained by the fact that though Western civilization and culture have permeated Nigerian society, most people, even the most sophisticated understandably regard themselves as bound by the customary law of their place of origin. The Nigerian Marriage Act has given validity to thi...

THE CONCEPT OF ARTIFICIAL LEGAL ENTITY AND LIMITED LIABILITY IN ISLAMIC LAW

Abstract Many orientalists, among others Joseph Schacht  , are of the view that Islamic Legal System does not recognize the concept of “Juristic Person†i.e. Corporations, Universities and Organizations. This is our point of departure and we attempt to highlight in this paper that Islamic Law recognizes “Juristic Personâ€. Admittedly though the term “Juristic Person†is not being mentioned specifically by the classical texts of Islamic Jurisprudence, it is totall...

The Principle Of Inheritance Under The Customary And Islamic Law

ABSTRACT The inevitability of death makes the law of inheritance so significant in the life of man. Thus, every society or nation has the rules and regulations guiding the sharing of estates left behind by the deceased. These rules and regulations, as a matter of long usage, become a binding law in a society and such law is referred to as customary law. However, the imperfection in man's thinking makes the customary law to be imperfect and inappropriate in sharing the estates left behind by t...

CALL PEOPLE BY THEIR REAL FATHERS

INTRODUCTION A lie is a lie even if the whole of mankind accept it as trivial, or of no effect.  We have lived in a society where falsehood is treated as a minor sin, but the Almighty Allah consider falsehood as one of the major sins.  We are not only liars but continue to teach it to our children from generation to generation and many die unconscious that they are liars.  Every time I ponder over the Qu’ran and observe the consequential effect of the lies, my heart bleeds and any ti...

AN APPRAISAL OF THE LEGALITY OR OTHERWISE OF NUCLEAR WAR UNDER THE ISLAMIC INTERNATIONAL LAW

ABSTRACT Nuclear weapon is undoubtedly a weapon of mass destruction. Thus, the ways and manners by which various states and countries that are in possession of this weapons have been using them has been and is still a subject of debate among scholars. Under the International Law, there are various statutory instruments regulating the ways and manners wherein these weapons may be used. However, the level of adherence has been subjected to questions over the years. In view of the above submissi...

LEGISLATIVE ASSEMBLY OF THE COMMON LAW AND ISLAMIC LAW CONCEPT OF SHURAH: A COMPARATIVE ANALYSIS.

ABSTRACT The question of what is law has engendered great jurisprudential debate for many years. The nature, scope and purpose of law have led jurisprudential scholars to postulate various schools which tend to explain the concept of law. Thus, the process by which these laws came to be effective is called legislation. Legislation is the process of law making. Under the legislative assembly of the Common Law, a bill undergoes through a systematic process before it acquires the status of law. ...

Projects, thesis, seminars, research papers, termpapers topics in Islamic/Sharia Law. Islamic/Sharia Law projects, thesis, seminars and termpapers topic and materials

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Program in Islamic Law

Journal Submission Guidelines

The Journal of Islamic Law and its related Forum now welcomes submissions of Articles, Essays, and Comments. We prefer that you submit your materials directly through the journal submission website . We ask that all authors comply with the following standards.

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• Choose a Submission Type. All new submissions should be identified as an Article, Essay, or other Submission Type. For the full list of Submission Types and parameters for each, please see submission types . If in doubt, please use your best judgment. We will make adjustments if needed, informing you of any changes.
• Enter Submission Information . We require certain metadata to help process your submission. Mandatory fields include Title , Abstract (not more than 250 words), and Keywords . Your name and institution—included through registration—will be redacted from submissions submitted for peer review.
• Upload your manuscript. Please upload your piece and any additional related documents, including tables & charts, data sets, pictures, etc. Please also indicate whether you are interested in creating an Online Companion to your piece, if accepted, which will allow you to publish your primary sources in the online community and update your own bibliography.
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• Indication of Interest in Online Companion: For Sharing Primary Sources. The Journal, along with Portal aims to meet the goal of providing content and context on Islamic law to academics. Should your piece be chosen for publication, we will consider creating an online companion for it on the SHARIAsource Portal, where we will work with you to upload and all the cited primary sources with short summaries. (For a prior example, see the Online Companion to Justice & Leadership in Early Islamic Courts (2017).) If we opt to create an online companion for your work, we will ask that you send pdfs of all primary sources (relevant excerpts are sufficient) with short summaries, to be uploaded to the Portal. On a case-by-case basis, we will pair you with a research assistant to facilitate your work and provide space for you to update your work or sources online as further sources come to light.

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We are actively accepting scholarship submission to the new Harvard Journal in Islamic Law for new scholarship in Islamic law, and its related Forum for new developments in Islamic law scholarship, cases, and AI/Digital Humanities. Submissions may take many forms, including: Articles, Essays, Case Briefs, Student Notes, Scholarship Reviews, Tech Reviews, Forum Comments or Responses (by open submissions and invitation), Symposia Participation on New Scholarship (by invitation), and Roundtable Contributions on Recent Islamic caselaw or Digital Islamic Law (by invitation). The below sections describe each submission type, parameters and word count, and the policies for peer review.

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• Articles and Essays: Articles present sustained works of original research on some aspect of Islamic or comparative law; essays are usually narrower in scope. While the line between them is not rigid, we recommend that article submissions have fewer than 25,000 words, including footnotes; and essay submissions have fewer than 8,000 words, including footnotes.
• Notes: Notes are student-written works typically available to Harvard students. Note submissions should have fewer than 8,000 words, including footnotes.
• Case Briefs: Case Briefs present the basic facts of a recent cases related to Islamic law in Muslim-majority or Muslim-minority countries. Submissions should have fewer than 1,500 words, including footnotes.
• Reviews—Scholarship Reviews: Article and Book Reviews address recent publications on Islamic law, individually or collectively. Longer reviews should be submitted as Review Essays or Notes [see above]. Tech Reviews: Tech Reviews of “Digital Islamic Law” present analysis of AI tools, databases, or other sources for the study of Islamic law or related fields in history, biography, or language. Tech reviews should provide a narrative review of the digital tool that draws out the relevance to Islamic law scholarship. Submissions should include pictures, links, and information on source access (public or proprietary). For both Scholarship Reviews and Tech Reviews, submissions should not exceed 1,500 words, including footnotes and related information. Reviews and longer Responses to recent Journal Articles (up to 8,000 words) may also be considered for Forum publication. [See below.]
• Forum Submissions : The Harvard Forum in Islamic Law is the Journal ’s online companion, where we publish shorter and timelier pieces. While most of our Forum publications are solicited, we welcome submissions by scholars interested in addressing recent legal, scholarly, and digital/AI developments in Islamic law or library or institutional sources for accessing it. Forum Submissions may include Case Briefs, Reviews [see above], or Comments and Responses. Comments are less formal than Articles and Essays, and they are shorter. We also solicit and publish Responses to other scholars’ articles and books on the Forum. While Responses are typically solicited works engaging recent scholarship published in the Journal , but we welcome submissions for such Responses as well. Comment and Response submissions should have fewer than 8,000 words, including footnotes.
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Islamic Law Research Paper

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The authority of the Qur’an, as well as the development of schools that interpreted and codified the Prophet Muhammad’s (c. 570–632 CE) traditions, shaped Islamic law (sharia) over many centuries. The sharia extends beyond a legal framework to instruct Muslims about personal, religious, social, and political aspects of life.

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The word sharia is normally translated as Islamic law, but not law in a narrow sense. It might better be translated as “a way of life,” as is suggested by its literal translation, “a way” or “a path.” In other words, the sharia instructs about all that is personal, religious, economic, social, and political. Generally, only four sources for the prescriptions and prohibitions of the sharia are recognized: the Qur’an, the Sunna, consensus, and analogy. But this is an idealization of how the law came to be formed, as it actually took several centuries, the growth of the schools (madrasahs), and codification of the traditions (hadith) of Muhammad and his companions for the sharia to reach full development.

The first source of law for the sharia is the Qur’an. For Muslims all aspects of life fall under the purview of the commands of God, for he is the almighty and supreme lawgiver. His will is recorded in the Qur’an, and so following it is a religious duty of a Muslim. The Qur’an is thus both scripture and legal document.

The Qur’an repeatedly orders Muslims to obey Muhammad and states that he is their example. As the Prophet, his functions included explaining and applying the revelations, and acting as the judge for his people. And, since Muhammad was divinely guided, his actions and sayings are God’s will. Thus, the conduct of Muhammad, known as the Sunna and transmitted in the form of hadiths (traditions), is also legally binding. In the Sunna, many of the legal subjects of the Qur’an are elaborated and many others are addressed. Thus, while the Qur’an is the supreme source of the sharia, many of its laws are derived from and dependent upon the interpretations of the Sunna. There is a considerable range of opinion about the Sunna, even today. For many Muslims the traditions serve only as a general guide; but for just as many, they serve as a source of law second only to the Qur’an.

There is a hadith that states Muhammad said, “My community will never agree in error.” If hadiths are indeed legally binding, then this hadith implies that consensus is an acceptable source of law as well. Thus, whatever is accepted by the entire community as true or prescribed must be treated as true or prescribed.

The fourth source of law is reason by analogy. For example, if the Qur’an prohibits the use of wine, then narcotics are also, by analogy, prohibited. The principle is that the impairment to one’s judgment caused by wine is analogous to that caused by narcotics. If the former is prohibited, then the latter is also.

The Major Schools of Islamic Law

That Muslims came to see these four sources as the only legitimate ones is largely due to the work and influence of the great jurist, Abu ‘Abd Allah ash-Shafi’i (767–820 CE). Prior to him, Muslim rulers had laws in their empires; however, these laws could vary enormously from region to region. Arab tribal law, Qur’anic prescriptions, and local Byzantine or Sasanian law were used as needed. A rapidly expanding empire and administration forced them to be expedient. In the cities of the empire various law schools were forming. Each of them used slightly different methods and so produced different laws. In Medina a school formed around Malik ibn Anas (c. 715–795 CE), who produced the first Muslim legal compendium, in which he discussed various legal issues by citing the relevant verses from the Qur’an and hadiths from the Sunna, and then interpreted them in light of consensus of opinion of jurists in Medina. Another important school was formed around the scholar Abu Hanifah (699–767 CE) in Al-Kufa. The cosmopolitan nature of the city and its distance from the Mecca and Medina resulted in many different interpretations of the law. For example, in the case of a wrongful death in Medina, the guilty person’s whole tribe was responsible for his actions and had to pay compensation to the family of the dead man. In Medina, Arab tribal ways were still the custom. In Al-Kufa, the Arab tribal system was weakening and being replaced by new urban social structures. Thus, only the guilty party was responsible for paying the compensation. The Hanafischool in Al-Kufa respected the Qur’an and Sunna, but was more open to outside influences such as Roman law and the use of reason.

Ash-Shafi’i, seeing these differences, thought that the methods used to produce Islamic laws should be the same from place to place and ruler to ruler because the sharia, as God’s law, must itself be uniform. The supremacy of the four sources and yet another school of law, the Shafi’i, developed out of his work. So influential was ash-Shafi’i and his emphasis on the Sunna that both the Maliki and Hanafischools eventually largely adopted his four-sources model for themselves.

The last of the four schools of law that have survived until today in Sunni Islam is that of Ahmad ibn Hanbal (780–855 CE). Ash-Shafi’i, despite his focus on the Qur’an and the Sunna as sources of law, represents a compromise between those who used reason as a source and those who rejected it. Ibn Hanbal belonged to this latter group. Each and every law must be rooted in either the Qur’an or the Sunna. Ibn Hanbal took this principle so seriously that it is said that he refused to eat watermelon because it was not mentioned in the Qur’an, nor did he know of a tradition from the Sunna that indicated that Muhammad had eaten it. (This is hardly surprising, since watermelon would not have grown in any of the regions in which Muhammad had lived.)

There were several other schools of law in Sunni Islam, but only the Maliki, Hanafi, Shafi’i, and Hanbali survive. The Abbasid dynasty adopted the Hanafischool. It spread to India and from there to east Africa and Southeast Asia. The Ottomans also adopted it and so today it is the law followed by Muslims of Bosnia and Herzegovina, Turkey, Syria, Iraq, Jordan, and portions of Eqypt and North Africa. The Maliki school spread west from his home in Medina to Africa. The Sudan, Eritrea, Somalia, Libya, Tunisia, Algeria, and parts of Egypt and Nigeria practice Maliki law. The Shafi’i school spread in opposite direction. It began in Egypt but moved to South Arabia, then east along trade routes to the Indian coast and Southeast Asia. Most Muslims of Malaysia, Singapore, Indonesia, the Philippines, and Sri Lanka adhere to the Shafi’i school. The last school to form, the Hanbali, is only practiced in Saudi Arabia.

Islamic law in Shi’a tradition is different. The Qur’an and the Sunna are still the most important sources of law. However, Sunnis and Shi’as differ on other sources of law in several significant ways. First, the traditions that form the Sunna for Shi’i Muslims are different than those for Sunni Muslims. Second, the legal opinions of the imams are also binding for Shi’as because God guided the imams. And third, for Imami (or Twelver) Shi’i Muslims (whose imam is hidden) consensus has no legal force, but the use of reason by the top jurists, who are thought to be under the influence of the hidden imam, is encouraged. Today, this school of law continues to be practiced in Iran.

The Use of Reason in Islamic Law

Each of the different law schools had a different approach to the use of reason. For some, the use of reason in matters of law was not much different than the scholar’s opinion. But this approach was eventually rejected by almost all and the common view was that a jurist had no right to produce law on the basis of what he supposed to be right. Instead, opinion had to backed by a source such as the Qur’an or the Sunna. The problem was that if each jurist used his own opinion, the law would not only vary from region to region, but from person to person. And, more importantly, law based on human opinion was not divine law. This use of opinion was strongly opposed by the Shafi’i and Hanbali schools. However, in the early Maliki and Hanafischools opinion in the form of reason was used, although many of their conclusions were later supported by use of the four sources of Islamic law.

Opinion or judgment was still used in analogy and consensus. That is, the jurist had to determine what was common between a previous case and a new case when an analogy was adduced. (In the example above, it was the impairment caused by both wine and narcotics.) Likewise, consensus as a source of law implies consensus of opinion. However, because of the diversity of Muslims, the use of this method was impractical in all but the most basic beliefs and practices. In addition, the opinions, or more accurately the formal legal judgments, of Muhammad’s companions, such as the rightly guided caliphs, were often considered legally binding.

Further Options for the Jurist

There are two other sources of law that are closely related to each other and to the use of reason. The first allows judges some leeway in the interest of fairness. The jurist is allowed to pick the solution that seems to him the fairest of all possible solutions to a legal case. The second is consideration of public welfare. That is, a regulation that prevents harm to or secures a benefit for the community can be issued by a jurist.

Each of these rational methods is practiced by at least some of the schools of law. None, including the use of analogy, is allowed to infringe on stipulations provided by the Qur’an and the Sunna. Nor do these methods have relevance when it comes to religious doctrines and practices; such matters are the exclusive jurisdiction of the Qur’an and the Sunna. However, they do demonstrate that the sharia can be and has been partially adaptable to new situations as they arise, despite the rigid framework that ash-Shafi’i promulgated.

Customary Islamic Law

Prior to the revelations to Muhammad, the Arab tribes may not have had a formal legal system, but they did have traditional ways of doing things that, even if they were not written down, did regulate and guide their lives. This Arab tribal custom survived the coming of Islam. In fact, Arab tribal law and perhaps even some of Roman (Byzantine) and Sasanian law as practiced in Egypt, Syria, and Iraq were incorporated into the sharia.

In the sharia, custom is not normally a formal source of law, and when it is, it is not given much prominence. In practice however, it had an enormous impact. Custom was absorbed into the sharia in many ways. Sunna not only consists of that which Muhammad said and did, but also that of which he tacitly approved. That is to say, activities of Muslims of Muhammad’s time, if he did not explicitly comment on them, are assumed to have had his silent approval. The Maliki school based in Medina held that as the ones living in the home of the Prophet, they, more than anyone else, practiced the customs of which Muhammad approved. For the founder of the Maliki school, Malik ibn Anas, the local custom of Medina was equated with consensus—since all (Medinan) Muslims agreed on their custom. In this manner more Arab tribal custom entered the sharia.

Qanun (Sultanic Prerogative)

The sharia is normally thought of as encompassing all aspects of life. It provides regulations concerning activities as diverse as performing prayer, paying tithes, getting married, committing adultery, charging interest on loans, receiving inheritance, obeying authorities, and taxing Jews and Christians. The religious, social, economic, and political all fall under the purview of the sharia. And so it is assumed that the sharia regulates all aspects of life. However, the rulers of Muslim territories—caliphs, governors, and later sultans—found that they needed to make their own regulations for activities not addressed by the sharia. These regulations, civil laws, or codes came to be known as Qanun, from a Greek word for imperial taxes.

Qanun (especially in the sense of financial regulations issued by the ruler) began quite early in the Islamic world with the second caliph, ‘Umar I (c. 586–644 CE). He decided that the newly conquered land in Iraq that had belonged to the Sasanian state, aristocracy, and priesthood should not be divided among the conquerors, but held for the payment of salaries of Muslims. Likewise, the land tax system ‘Umar adopted was based on the Sasanian model. For such practices the sharia is silent, and so there is no conflict between it and Qanun.

From Qanun as financial regulations, which were issued by the caliph or some other ruler, developed the practice of sultans issuing laws not found in the sharia, which they ordered without any consideration for the legal principles that were used to establish laws in the sharia. That they could do so was based on power—their authority as the ruler.

Despite these dictatorial actions by some sultans, the Qanun and the sharia have generally been free of conflict. Originally, Qanun did not trespass into areas where the sharia had jurisdiction. Additionally, in the early years of Islam, there was more allowance for other sources of laws for the sharia. For example, decrees, like those by ‘Umar, along with customary law, could be integrated into the law by interpreting them as in accord with the behavior of Muhammad, his companions, and the early Muslim community, and not exclusively that of Muhammad. Also, a product of ash-Shafi’i’s reform was to produce a narrower definition of what constituted sharia. As a result, many of the administrative concerns of the caliphs and sultans fell conveniently outside of the sharia’s jurisdiction. This suited the sultans, who were eager to increase their own power vis-a-vis that of the caliph, whose duty it was to enforce the sharia. Finally, the right of the sultan to make and enforce law was justified within the sharia by arguing that it served the public interest. And so jurists, and hence the sharia, gave to the sultan the jurisdiction in matters of the military, non-Muslim taxes, conquered land, penal codes, the economy, and any matter on which the sharia was silent. Moreover, the public had a religious duty to follow these orders from the sultan.

Sharia and Qanun

The situation changed somewhat after the fall of the Abbasids in 1258, when the sultan’s authority to generate all manner of laws greatly increased. The Turks and the Mongols brought from Central Asia a tradition that gave the ruler the power to issue decrees for the sake of justice and the welfare of the state as he saw fit. This form of state law became common in the Ottoman and Mughal empires. Under the Ottoman sultan Suleyman I (1494 or 1495–1566) an official set of Qanun were promulgated in the empire. Generally, a sultan would issue an edict as the need arose. These first applied only to administrative, fi- nancial, or penal codes. For example, under the Ottomans, guilds developed codes that judges of the sharia implemented. However, later in the Ottoman empire, Qanun also addressed property laws, a subject that is well covered by the sharia. Some jurists criticized this, as they believed that the sultans were overstepping their rights and could not supersede the sharia under any circumstances. Others supported the sultans by invoking legal principles of the good of the community, customary law, or even traditional laws, especially in newly conquered territories.

Traditional Islamic Laws in African and Asian Societies

Just as the pre-Islamic Arabs had customary laws, so too did the peoples to whom Islam came later. No less than those of the Arabs, the indigenous customs of these peoples, particularly in Africa, south Asia, and Southeast Asia, were very durable. However, they could not be absorbed into the sharia through Sunna by means of tacit approval and consensus. Nor did these traditional laws, unlike Qanun, try to avoid the jurisdiction of the sharia. The traditions had to stand apart or even in opposition to the sharia. For some Muslim peoples, the social reality did not concur with the religious ideal that the sharia was the sole guide to a Muslim life. Islam became their religion, but not their way of life.

Of course, in reality there was often a compromise between the sharia and custom. At one end of the spectrum, the religious courts that implemented the sharia had largely eliminated local custom, and at the other there may not even have been religious courts, so that all legal matters fell under the purview of customary courts. However, the two could also operate in conjunction, dividing up the legal realm between them. That the sultan had some discretion in this matter made it easier to join traditional laws and the sharia. Occasionally, traditional practices could still be sanctioned by the sharia through the use of various legal means, such as juristic preference and ensuring public welfare. It was also possible for the sharia to function within the established religious courts, but for people to simply ignore the courts in favor of traditional ways. North Africa, India, and Southeast Asia are three regions of the Muslim world where people have often preferred their traditional laws and customs to the all-encompassing claims of the sharia. And, as we see below, in these contexts, an accommodation was often made between the two legal systems producing unique forms of Islamic law or at least unique ways in which it was enforced.

North Africa

In North Africa, the sharia and local custom often differed about such matters as marriage, inheritance, and rent for agricultural land. For example, when a Berber man marries, his family makes a payment to the bride’s father, not to the bride as specified in the sharia. Nor, in direct contradiction to the Qur’an and the sharia, is a woman allowed to inherit property under Berber custom. And the Berber practice of renting farmland by paying a percentage of the crops to the owner goes against the sharia’s demand for a fixed, predetermined monetary fee. In matters of inheritance, some Berbers simply ignore the religious courts of the sharia in favor of custom, and in the matter of land rental, the sharia courts have come to recognize and administer the customary practice. Of course, this becomes even more complicated because the customs might differ among the Berbers of Tunisia, Morocco, and Algeria and even among those of a single country. In other regions of Africa, the sharia and local custom have combined to form a single, composite legal system.

In India, Muslims have always been a minority among a very large Hindu population. Hindu customs and laws therefore remained dominant even among the Indian Muslims. This is particularly true for inheritance and marriage laws. Several Muslim groups, following certain Hindu practices, excluded females from inheritance. Other Muslims, in the south, did direct inheritance to a woman and her descendants. Both practices violate the strict proportions assigned to various male and female family members by the sharia. Moreover, according to the sharia, no more than one-third of an individual’s estate can assigned by him. This means that at least two-thirds of it must be divided in the stipulated proportions. Again, some Muslims followed the practice of Hindus, which allows the whole estate to be distributed as desired. With respect to the marriage, Muslim Indians of the South do exchange money, but it is the bride’s family who makes a payment to the groom, a custom called dowry. Even the charging of interest on loans, an activity that is expressly forbidden in the sharia, was practiced by some Indian Muslims. Therefore, it seems that for Indian Muslims living in a Hindu society, customary practice was often more compelling than the sharia.

Southeast Asia

The third region in which the sharia and traditional ways clashed is Southeast Asia. Islam did not come to the region by conquest, so the Islamic legal system was not imposed on the native peoples of what are now Malaysia and Indonesia by force. Thus, unlike Muslims of North Africa and India, where elements of customary practice survive despite the presence of the sharia, Muslims in Southeast Asia continued to follow their traditional customs. For example, the sharia has not overridden the customs of the matrilineal societies on the island of Sumatra. In these societies, unlike in the Middle East, people trace their family ties only through their mother’s family. This means that the relatives who matter most when it comes to inheritance are your mother’s parents and her brothers and sisters.

The Ideal Versus the Reality in Islamic Law

The assertion that the sharia, as God’s eternal divine will for humanity, is applicable to all Muslims, at all times, in all places, and in all circumstances remains an ideal, but is often modified by the actual local practice of many Muslims. Customs concerning family and finances, particularly when combined as in issues of inheritance and marriage, tend to have a tenacious hold. Even in Arabia itself some Yemeni tribes refuse to abandon their custom of denying women the right to own property in contradiction to the sharia. Historical factors such as the manner in which Islam was brought to a region and the degree to which people have adopted Islam affect whether it is the sharia or customary practice that is followed in daily life.

Bibliography:

• Ali, A. Y. (Trans.). (1989). The Holy Qur’an: Text, translation, and commentary (Rev. ed). Brentwood, MD: Amana Corporation.
• Al-Mawardi, A. M. (1996). The ordinances of government: A translation of Al-Ahkam al-Sultaniyya wa-l-Wilayat al-Diniyya (W. H. Wahba, Trans.). London: Garnet.
• Al-Shafi’i, M. I. I. (1987). Al-Risala fiUsul al-Fiqh: Treatise on the foundations of Islamic jurisprudence (M. Khadduri, Trans.). Cambridge, U.K.: Islamic Texts Society.
• Al-Tabari, A. J. M. I. J. (1989). The history of al-Tabari. Albany: State University of New York Press.
• Coulson, N. J. (1964). A history of Islamic law. Edinburgh: Edinburgh University Press.
• Daftary, F. (1990). The Isma’ilis: Their history and doctrines. Cambridge, U.K.: Cambridge University Press.
• Kamali, M. H. (1991). Principles of Islamic jurisprudence (Rev. ed). Cambridge, U.K.: Islamic Texts Society.
• Khaldun, I. (1958). The Muqaddimah: An introduction to history (F. Rosenthal, Trans.). New York: Pantheon Books.
• Lapidus, I. M. (1988). A history of Islamic societies. Cambridge, U.K.: Cambridge University Press.
• Pearl, D. (1987). A textbook on Muslim personal law (2d ed.). London: Croom Helm.

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Personal Bankruptcy Law and Innovation around the World

Because corporate limited liability protects founder’s personal assets, creditors often require founders of new, small and risky firms to contract around limited liability by pledging their personal assets as collateral for loans to their firms. This makes personal bankruptcy law (PBL) relevant to corporate finance. We find that pro-debtor PBL reforms increase the number of patents filed, citations to those patents, and début patents by firms with no previous patents. These reforms also redistribute innovation across industries in closer alignment to its distribution in the U.S., which we take to approximate industry innovative potential. These effects are driven by firms without histories of high-intensity patenting, and are damped in countries that impose minimum capital requirements on new firms. Firms with largescale legacy technology may avoid radical innovations that devalue that technology. Consequently, new, initially small and risky firms often develop the disruptive innovations that contribute most to economic growth. Consistent with this, we also find pro-debtor PBL reforms increasing value-added growth rates across all industries, and by larger margins in industries with more innovation potential. Our difference-in-differences regressions use patents and PBL reforms for 33 countries from 1990 to 2002, with subsequent years used to measure citations to patents in this period.

We thank seminar participants at Chinese University of Hong Kong and Thammasat University. This research was supported by Randall Morck's Yangtse River award at the Wenlan School of Economics. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research.

MARC RIS BibTeΧ

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