ISLAMIC LAW & LAW OF THE MUSLIM WORLD eJOURNAL

"Economic Harbingers of Political Modernization: Peaceful Explosion of Rights in Ottoman Istanbul" Free Download
Economic Research Initiatives at Duke (ERID) Working Paper No. 288, August 2019

ASLI CANSUNAR, University of Oxford - Nuffield College
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TIMUR KURAN, Duke University - Department of Economics
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The modernization drive of the late Ottoman Empire is typically attributed to visionary officials and pressures they faced from foreign powers. This paper ascribes a fundamental role to prior shifts in wealth toward non-Muslims and away from conservative groups, including Muslim clerics. These shifts, all under way in the 1700s, motivated Ottoman political leaders to begin, with the Gülhane Edict of 1839, to dismantle traditional institutions grounded in Islamic law and sultanic customs of governance. Despite its momentous provisions, the edict generated only minor resistance, because it addressed widespread and chronic grievances, legitimated trends unfolding for generations, and offered Muslim political elites, who had been losing ground, opportunities to catch up with rapidly advancing local Christians. The data, which come from Istanbul’s Islamic courts, allow the tracking of changes in the distribution of wealth, as measured by the founding of waqfs (Islamic trusts) and ownership of equities known as gediks.

"The Welfare of the Minor As a Fundamental Principle Guiding Guardianship and Custody Issues in Ottoman Jewish Society" Free Download
Forthcoming, International Journal of the Jurisprudence of the Family
Boston College Law School Legal Studies Research Paper

LEAH BORNSTEIN-MAKOVETSKY, Ariel University
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This article deals with the welfare of the minor as a fundamental consideration guiding guardianship and custody issues in Ottoman Jewish society in the 16th-19th centuries. It is grounded in legal rulings and in rabbinical literature from the entire width of the Ottoman Empire, as well as in documents from the Moslem Court in Jerusalem that deal mainly with minor orphans and young children of divorcees.

"Assessing Social Inclusion through Transgender Legal Reforms in Pakistan" Free Download

AYESHA UMAR, York University
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This paper is argues that social inclusion of LGBTQ community is essential for the well being of the society. LGBTQ members are frequently discriminated, tortured and are victim of other horrors on the basis of their gender identity. Using Sen's work on social inclusion I assess the recent legal developments in Pakistan for LGBTQ community as a case study. This paper defines and provides a good background history of the LGBTQ community in Pakistan and their activism. The paper concludes by highlighting the work of Akhuwat Foundation through which members of LGBTQ community are finding ways to access their basic freedoms and participate in the well being of the society.

"The Challenges of Islamic Law Adjudication in Public Reason" Free Download
Public Reason and Courts, edited by Langvatn et al., Cambridge University Press, Forthcoming

MOHAMMAD FADEL, University of Toronto - Faculty of Law
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Rawls’ conception of public reason precludes the enforcement of rules derived from metaphysically controversial doctrines, such as revealed religions. Accordingly, a commitment to public reason seems to exclude adoption of Islamic legal doctrines as legitimate rules of decision. While that is true as a matter of ideal theory, the relationship of public reason to Islamic law in non-ideal theory is more complex. Islamic law is either directly incorporated in the legal systems of numerous Muslim and non-Muslim jurisdictions throughout the world, or its rules arise incidentally in various cases even where Islamic law is not formally part of the legal order. This chapter argues that the idea of public reason can meaningfully guide public reason minded judges when they are tasked with applying Islamic law in a fashion that vindicates the ideals of public reason. Public reason, I argues, requires judges to steer a middle course among possible extremes when an issue of Islamic law arises: theological reasoning, extreme deference to historical norms, or principled abstention. Moreover, by adhering to the idea of public reason in these cases, judges can play in important role in strengthening, or bringing about, an overlapping consensus in their respective societies.

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About this eJournal

Islamic Law and Law of the Muslim World is an interdisciplinary forum for posting abstracts, works-in-progress, and completed scholarly works on any matter of public or private law, legal theory, legal practice or policy that bears on the modern or pre-modern Muslim world, such as studies of:
- topics in classical or contemporary shari'a;
- legal theory, practice, institutions, or actors in pre-modern Muslim regions;
- domestic law or practice in modern Muslim-majority nations, or in non-Muslim-majority nations insofar as it affects or relates to Muslims;
- international law or practice that affects or relates to Muslim-majority nations or to Muslims.

Contributions are welcome from scholars of law, history, religion, political science, international affairs or regional studies, gender studies, economics or finance, and any other discipline from which pertinent scholarship arises.

Editor: Sadiq Reza, New York Law School

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Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Islamic Law & Law of the Muslim World eJournal

KHALED M. ABOU EL FADL
Omar and Azmeralda Alfi Professor of Law, University of California, Los Angeles (UCLA) - School of Law

AZIZAH AL-HIBRI
Professor, T.C. Williams School of Law, University of Richmond

NATHAN J. BROWN
Professor of Political Science and International Affairs, George Washington University - Department of Political Science

WAEL B. HALLAQ
Columbia University - Avalon Foundation Professor in the Humanities

BERNARD A. HAYKEL
Professor of Near Eastern Studies, Director - Institute for Transregional Study of the Contemporary Middle East, North Africa and Central Asia, Princeton University - Department of Near Eastern Studies

MOHAMMAD HASHIM KAMALI
Professor of Law, International Islamic University of Malaysia (IIUM) - Ahmad Ibrahim Kulliyyah of Laws

ANN ELIZABETH MAYER
Associate Professor of Legal Studies, University of Pennsylvania - The Wharton School, Department of Legal Studies and Business Ethics

DAVID STEPHAN POWERS
Professor of Islamic History and Law, Cornell University - Department of Near Eastern Studies

ABDULAZIZ A. SACHEDINA
Frances Myers Ball Professor of Religious Studies, University of Virginia - Department of Religious Studies

FRANK E. VOGEL
Founding Director, Islamic Legal Studies Program (1991-2007), Adjunct Professor of Islamic Legal Studies (Retired), Harvard Law School