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J.S.D. Dissertations

Interpreting Immutable Legal Texts : the Posnerian Pragmatism of Islamic Law

Pramudya Azhar Oktavinanda Follow

Publication Date

Document type.

Dissertation

First Advisor

Anup Malani

Second Advisor

Tom Ginsburg

Recommended Citation

Oktavinanda, Pramudya Azhar, "Interpreting Immutable Legal Texts : the Posnerian Pragmatism of Islamic Law" (2018). J.S.D. Dissertations . 68. https://chicagounbound.uchicago.edu/jsd_dissertations/68

https://knowledge.uchicago.edu/record/281?ln=en

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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
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The theory of Istiḥsān (juristic preference) in Islamic law

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• Yūsuf, Riḍwān Arẹmu
• Istihsan(juristic preference) deviates from and sometimes contradicts well-established general precepts of law. It calls for a considerable amount of personal judgment on the part of the jurist who applies it. In the early period of Islam, istihsan was identified with ra'y (personal opinion) which frequently lacked systematic guide-lines. Abu Hanifah (d. 150/767) does not consider istihsan as a merely arbitrary opinion. He believes that it is a procedure of setting aside an apparently strict ruling of analogy in the interest of fairness and justice. On the other hand, Shafi'i (d. 204/819) adopts a text-oriented approach; he believes that a Muslim jurist is guided, not by intuition, but by textual evidence (dalil). He therefore subscribes to qiyas (inference by analogy) and rejects istihsan. An Hanafi jurist, Sarakhsi (d. 490/1096) later wrote a chapter on the explanation of qiyas, istihsan and takhsis al-'illah (particularization of the cause) as a rebuttal to Shafi'i's criticism of istihsan. Ibn Taymiyah (d. 728/1327), and Hanbali jurist, not only agrees with the istihsan, but believes that it is in reality takhsis al-'illah. To this effect, he wrote a treatise on istihsan and called it Mas'alat al-Istihsan. This thesis studies the concept of istihsan as described by the above mentioned jurists, and some of their works on the subject are translated into English. The purpose of this thesis is to offer an historical study on juristic preference, its relationship with qiyas and takhsis al-'illah. This study attempts to add to our knowledge of istihsan and leads us to further and fuller analysis of why Shafi'i rejected it.
• Islamic law
• McGill University
•  https://escholarship.mcgill.ca/concern/theses/cr56n278t
• All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
• Institute of Islamic Studies
• Doctor of Philosophy
• Theses & Dissertations

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Islamic constitutionalism and rule of law: a constitutional economics perspective

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• Published: 03 January 2013
• Volume 24 , pages 57–85, ( 2013 )

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• Moamen Gouda 1  

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This study investigates the relationship between Islamic constitutionalism and rule of law. Al Azhar, one of the most respected Sunni religious institutions in the world, developed a model of an Islamic constitution. This study uses Al-Azhar’s constitution as a model of Islamic constitutionalism and examines its stance in regard to the rule of law. We find the Al-Azhar’s constitution to be incompatible with essential concepts of rule of law. For example, the powers vested in the head of the Islamic state are enormous, making the executive branch of government far superior to the legislative and judicial branches. Women and non-Muslims are explicitly discriminated against throughout the constitution. Moreover, laws stemming from this constitution are not stable since many differences exist among schools of Islamic jurisprudence ( fiqh ). Consequently, we show that state-of-the-art Islamic constitutionalism lacks essential components needed in any constitution based on rule of law.

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Note that constitutionalism can exist without a constitution and a constitution does not necessarily result in constitutionalism. For the former notion, Gordon ( 1999 , p. 5) asserts that if constitutionalism is defined in terms of written constitutions embodying specific constraints and provisions such as the Bill of Rights in the US constitution, countries with no written constitution such as Israel, New Zealand, and the United Kingdom are automatically excluded. Nevertheless, these countries are not less “constitutional” than the United States. For the notion of a state with a constitution but with no constitutionalism, Sartori ( 1962 , p. 861) argues that constitutions without constitutionalism are “façade constitutions” in the sense that such constitutions can declare inspiring principles and adopt specific power structures for government; but these provisions and principles are ineffective and potentially delegitimized because they are not actually followed. Zhang ( 2010 , p. 950) presents China as an example of a constitutional state without constitutionalism. Zhang ( 2010 , p. 951) states that “China’s Constitution lacks any meaningful mechanism of implementation, and is left unguarded against official violations; it declares a long list of good ideals without the capacity to fulfill any; one can easily find unfulfilled promises and positive violations of constitutional norms in daily life.”

See Acemoglu et al. ( 2001 , 2002 , 2005a , b ), Easterly and Levine ( 2003 ), Rodrik et al. ( 2004 ).

The causal relation between constitutionalism and rule of law is still a matter of dispute in the literature. For example, Chahil and Singh ( 2003 , p. 18) state that rule of law is a “device used to achieve constitutionalism.” This direction of causality contradicts that found by Rodriguez et al. ( 2010 , p. 1475), who view constitutionalism as a “key rule of law institution.” Nevertheless, generally, definitions of rule of law largely correspond with the concept of constitutionalism. In fact, it can be argued that the concepts of rule of law and constitutionalism are so closely related that they can almost be used interchangeably (Voigt 1998 , p. 196; Chen 1999 –2000, p. 149).

Schulze ( 1995 ) tells what happened after the Islamic constitution was introduced: “the [IRA]-proposal was not discussed openly. The [IRA]-session of 1979 could not be held, as most participants from the duwal ar - rafd , i.e., from those states, which rejected the Egyptian Israeli peace treaty of 1978, were not allowed to travel to Cairo. Again, divergent political views prevented the jurists from defining a legal conception of the Muslim nation ( Umma ). The main problem, of course, was to what extent an Islamic constitution should be the legal framework of the Umma ; mostly it was postulated that an Islamic constitution should be the model of nation-state constitutions. It should prescribe an Islamic form of government and jurisdiction without questioning the sovereignty of the nation-states” Schulze (1995, pp. 180–181).

Elias Saba and Thomas Levi Thompson provide an English translation on the Tahrir Documents website, but there are some problems with and omissions from their version. Therefore, I re-translated Al-Azhar constitution from the Arabic source. The original Arabic source along with a complete English translation can be found at: https://sites.google.com/site/moamengoudaecon/al-azhar-s-islamic-constitution .

See Arjomand ( 2007 ), Abou El Fadl ( 2004 ), Moussalli ( 2003 ), Grote and Röder ( 2011 ), Hashemi ( 2012 ).

By the Medina stage, An-Na’im means the stage ushered in by the Prophet’s migration from Mecca to Medina in 622 CE. In Medina, the Muslims ceased to be a purely religious community; they became a political community as well. Unlike qur’anic verses revealed during the Meccan period, Medinese verses tend to be rich in legislation with regard to marriage and inheritance, among other things.

Abdillah, M. (2008). Ways of constitution building in Muslim countries: The case of Indonesia. In B. Krawietz & H. Reifeld (Eds.), Islam and the rule of law: Between Sharia and Secularization (pp. 51–64). Berlin: Konrad-Adenauer-Stiftung e.V.

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Abdul Aziz, M. (2011, August 22). Opinion: The moderate voice of Al - Azhar. Retrieved April 1, 2012, from The Egyptian Gazette: http://213.158.162.45/~egyptian/index.php?action=news&id=20550&title=Opinion:%20The%20moderate%20voice%20of%20Al-Azhar .

Abodah, I. (2012, January 3). The prophet (peace be upon him) is the maker of the first constitution in history . Retrieved April 12, 2012, from Al-Ahram digital: http://digital.ahram.org.eg/articles.aspx?Serial=756155&eid=1252 .

Abou El Fadl, K. (2004). Islam and the challenge of democracy . Princeton, NJ: Princeton University Press.

Acemoglu, D., Johnson, S., & Robinson, J. A. (2001). The colonial origins of comparative development: An empirical investigation. American Economic Review, 91 (5), 1369–1401.

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Acemoglu, D., Johnson, S., & Robinson, J. A. (2002). Reversal of fortune: Geography and institutions in the making of the modern. Quarterly Journal of Economics, 117 (4), 1231–1294.

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Acknowledgments

The author thanks Matthias Dauner, Thomas Demmelhuber, Nora El-Bialy, Ahmed Ghoneim, Shubha Ghosh, Jerg Gutmann, Bernd Hayo, Helmut Leipold, Peter Lewisch, Kareem Madkour, Ulrike Schillinger, Elisabeth Schulte, Stefan Voigt, an anonymous referee, and the participants at the “Constitutional Choice in the Middle East” conference in Hamburg (July 2012), as well as the Hagemann-Foundation conference “Arab Spring: Challenges and Prospective” in Marburg (November 2012) for their valuable comments and suggestions. Special thanks to Marianne Wagdy for meticulously revising the English translation of the Al-Azhar constitution. Shima’a Hanafy was a major source of encouragement and support. The financial support by the Yousef Jameel Foundation is gratefully appreciated. The usual disclaimer applies.

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Faiz Ahmed (PhD, UC Berkeley; JD, UC College of Law, San Francisco) is currently Joukowsky Family Distinguished Associate Professor of Modern Middle Eastern History at Brown University. Ahmed’s primary specializations are the late Ottoman Empire, Afghanistan, and the British Empire, as well as diasporic communities tied to the region we today call the Middle East. His core research and teaching engage questions of human mobility, travel, and migration; social histories of Islamic law and learning; and the intersections of constitutionalism, citizenship, and diplomacy.

Ahmed’s first book,  Afghanistan Rising: Islamic Law and Statecraft between the Ottoman and British Empires   (Harvard University Press), was awarded the American Historical Association’s John F. Richards Prize in 2018. His current research explores historical ties and engagements of the Ottoman Empire in the Americas, with a focus on social, economic, and legal connections to the United States and Canada during the long nineteenth century. His published articles have appeared in journals of law, history, and Middle East Studies, including Comparative Studies of South Asia, Africa, and the Middle East ; Global Jurist ; International History Review ; International Journal of Middle East Studies ; Iranian Studies ; Jadaliyya ; Osmanlı Araştırmaları ( Journal of Ottoman Studies) ; Journal of the Ottoman and Turkish Studies Association ; and Perspectives on History. Dr. Ahmed is also co-organizer with Brown University colleagues Michael Vorenberg, Emily Owens, and Rebecca Nedostup of the  Brown Legal History Workshop and the Brown Legal Studies collaborative.

Mohammed Allehbi 

Pil-lc research fellow, 2023-2024.

Mohammed Allehbi is the PIL-LC Research Fellow at the Program in Islamic Law at Harvard Law School and the Library of Congress for the 2023–2024 academic year. He specializes in law and governance in the Islamic Near East and the Mediterranean during late antiquity and the Middle Ages. After earning his master's degree in Middle Eastern studies from the University of Chicago in 2014, he received his doctorate in history from Vanderbilt University in 2021, where he was a senior lecturer in the Department of Classical and Mediterranean Studies. His first article, “It is Permitted for the Amīr but not the Qāḍī’: The Military-Administrative Genealogy of Coercion in Abbasid Criminal Justice,” was published in  Islamic Law and Society  in the fall of 2022. It explores the emergence and rationalization of coercive interrogations in late antique and early medieval Islamic criminal justice. Currently, he is working on his first monograph about the formation of Islamic criminal justice and policing in the Near East and the Mediterranean between the eighth and twelfth centuries.  

Fatma Gül Karagöz

Research fellow, 2023-2024.

Fatma Gül Karagöz is an assistant professor of legal history based at Galatasaray University Faculty of Law. Since working on her MA thesis on the codes of the early modern Ottoman Empire and particularly on the New Code (Kanunname-i Cedid), a compilation of fatwas and codifications on land ownership, Fatma has been interested in land law in the Ottoman Empire. Her works are mostly focused on the property relations on agricultural land and the land usufruct in legal theory and practice. Her current research is based on the application of property law (land law) in the second half of 18th-century Antioch by focusing specifically on the exercise of property rights by women. She received her Ph.D. in Public Law from İstanbul University (2018), MA in Ottoman History from İhsan Doğramacı Bilkent University (2010), and BA in Law from Galatarasay University Faculty of Law (2005). 

Bahman Khodadadi

Pil-lc research fellow, 2024-2025.

Dr. Bahman Khodadadi is the the PIL-LC Research Fellow at the Program in Islamic Law at Harvard Law School and the Library of Congress for the 2024–2025 academic year. He specializes in Islamic law and Middle Eastern Studies, with a particular focus on Shiite Islamic jurisprudence and his current research interests span Iranian studies, sociology of law, Islamic law history, criminal law theory, and the politico-juridical dynamics within Islamic jurisprudence, particularly within the Shi'a tradition. He completed his PhD on “On Theocratic Criminal Law” at the University of Münster, Germany, in 2021, graduating with the highest distinction (summa cum laude). His forthcoming monograph will be published soon by Oxford University Press. Khodadadi’s academic achievements have garnered recognition, including the prestigious “Harry Westermann Award” for the best doctoral dissertation at the University of Münster, along with two DAAD awards in 2016 and 2023. He served as a research associate at the Abdallah S. Kamel Center for the Study of Islamic Law and Civilization at Yale Law School from 2023 to 2024. From 2015 to 2023, he was actively involved as a member of the Excellence Cluster: Religion and Politics in Germany, collaborating on various projects. He is an author and lecturer, with numerous publications and translated articles, as well as lecture engagements across several European countries, including Germany, Switzerland, Italy, and Ireland.

Dilyara Agisheva

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Dilyara Agisheva received an undergraduate degree in Middle Eastern Studies and Political Science from UCLA and an M.A. in Middle Eastern, South Asian, and African Studies from Columbia University. As a Ph.D. student at Georgetown University, she specialized in Islamic legal studies and Ottoman history. In August 2021, she defended her doctoral thesis entitled “Entangled Legal Formations: Crimea Under Russian Rule in the Late Eighteenth and Early Nineteenth Centuries.” Her doctoral research was supported by scholarships and grants, including the Heath W. Lowry Dissertation Writing Fellowship of Distinction from the Institute of Turkish Studies and the Fulbright-Hays Doctoral Dissertation Research Fellowship.  Dilyara was also the inaugural PIL-LC Research Fellow at the Program in Islamic Law. 

Sultan Mehmood

Research affiliate, 2023-2024.

Sultan Mehmood is an Assistant Professor of Economics at the New Economic School of Moscow and a research affiliate at the Harvard Law School’s Program in Islamic Law. He is also a faculty research fellow at Centre for Economic Research in Pakistan (CERP) and Pakistan Institute of Development Studies (PIDE) in Pakistan.

Professor Mehmood is engaged in pioneering research on judicial reforms in the Global South, with a particular focus on his home country, Pakistan. His research methodology involves harnessing large datasets and careful attention to legal theory to provide insights into reforming the judiciary, promoting political rights, with a specific emphasis on studying the prerequisites for establishing the rule of law within societies. His work has been accepted or published in prestigious scientific outlets, including Nature, American Economic Journal: Applied Economics, The Economic Journal, and the Journal of Development Economics.

Professor Mehmood will be responsible for assisting in the acquisition and digitization of collections of judgments dating back to the country's independence in 1947. This effort is part of the larger project to create an online Resource Database for judicial decisions in Pakistan, which will also include the development of related AI and training tools and research papers.

Website: sultanmehmood.info

Twitter: @mrsultan713

Ali Rida Rizek

Ali Rida Rizek is a Research Editor at the Program in Islamic Law. He received his PhD, Arabic and Islamic Studies - University of Göttingen, 2021) is a scholar of social and intellectual history of Islam, with special focus on Twelver Shi’ism. His research focuses on the history of Islamic law, Qur’anic studies, Arabic literature, and classical Islamic education and his dissertation (2021) examines the life, work, and impact of two early Imami legal scholars, namely Ibn Abī ʿAqīl al-ʿUmānī and Ibn al-Junayd al-Iskāfī (both flourishing in the 4 th /10 th century). Rizek has taught at the American University of Beirut (AUB), the Lebanese American University (LAU), the University of Leiden, the University of Göttingen, and the University of Bayreuth in Germany and has published studies on hadith, legal history, and the classical Islamic ethical discourse. He received his BA and MA in Arabic Language and Literature from the American University of Beirut (AUB) in Lebanon. 

Marwa Sharafeldin

Research affiliate, 2022-2024.

Dr. Marwa Sharafeldin is an Egyptian scholar activist. She is currently a Visiting Fellow in the Program on Law and Society in the Muslim World at Harvard Law School. She is also the Senior Advisor in Musawah the Global Movement for Equality and Justice in the Muslim Family. Dr. Sharafeldin has a PhD in Socio-Legal Studies from the Law Faculty in the University of Oxford and a Masters in Development Management from the London School of Economics. Her work covers the intersection between Islamic law, international human rights law, and feminist activism. 

Her publications include “Islamic Law Meets Human Rights: Reformulating Qiwama and Wilaya for Personal Status Law Reform Advocacy in Egypt”; “Gender and Equality in Muslim Family Law”; “Challenges of Islamic Feminism in Personal Status Law Reform in Egypt”. She co-founded and served on the Executive and Advisory Boards of several international, regional and national feminist organizations such as Musawah, the Global Fund for Women, the Young Arab Feminist Network, and the Network for Women’s Rights Organisations in Egypt. Dr. Sharafeldin is also a technical expert for the publication of several regional and international reports such as the UN's Progress of the World's Women Report and the UN's Gender Justice and Law Arab Region Report. She believes in the power of art for social transformation, and is a story collector,  performer and  writer.

Mariam Sheibani

Research editor, 2020-present.

Mariam Sheibani  is Assistant Professor in History at the Department of Historical and Cultural Studies at The University of Toronto Scarborough. In 2018, she received her PhD in Islamic Thought from the Department of Near Eastern Languages and Civilizations at the University of Chicago. Before joining the University of Toronto, she was a Research Fellow at Harvard Law School and Lecturer at Harvard Divinity School.

Her research interests are in late antique and medieval Islamic intellectual and cultural history, with a focus on the theory and practice of Islamic law and Islamic ethical traditions. Her first book project,  Islamic Legal Philosophy: Ibn  ʿ Abd al-Salām and the Ethical Turn in Medieval Islamic Law,  examines how Muslim jurists from the eleventh to fourteenth centuries addressed salient questions of legal philosophy and ethics, leading them to develop competing legal methodologies and visions of the law. The study centers on a prominent Damascene heir of Khorasani Shāfiʿism, ʿIzz al-Dīn b. ʿAbd al-Salām, a pivotal figure in the development of Islamic legal philosophy, ethics, and legal maxims ( qawā ʿ id fiqhiyya). 

Her other ongoing research projects investigate the construction of late antique Islamic law, judicial practice in medieval Mamluk Cairo, and classical doctrines of Muslim family law. She continues to serve as Lead Blog Editor for the  Islamic Law Blog  based at Harvard Law School. Prior to her doctoral studies, she earned a BA in Public Affairs and Policy Management, an MA in Legal Studies, and a second an MA in Islamic Thought. She has conducted research in Turkey, Jordan, Egypt, Morocco, Spain, the UK, and West Africa.

For more information on her scholarship and research, please visit  https://www.mariamsheibani.com/ .

Omar Abdel-Ghaffar

Research assistant, 2020-present.

Omar Abdel-Ghaffar is a JD-PhD student at the Center for Middle Eastern Studies and History Department. His research interests are in late medieval Islamic legal and social history, with a particular interest in courts and conceptions of justice. Before coming to Harvard, he completed his MA at Columbia University and his BA at UCDavis. 

Research Assistant, 2024-Present

Jinge Cao is a Master of Theological Studies candidate focusing on Islamic Studies at Harvard Divinity School.

Worthy is a J.D. candidate at Harvard Law School. She received her B.A. in Economics from Carleton College. Her areas of interests include comparative law, criminal procedure, and data analytics. 

Majid Dohan

Research assistant, 2023-present.

Majid Dohan is a PhD Candidate in the Anthropology and Middle Eastern Studies program at Harvard’s Graduate School of Arts and Sciences.

Reema Doleh

Reema Doleh is a J.D. Candidate at Harvard Law School. She received her B.B.A from Baruch College in Finance. 

Rimsha Saeed

Rimsha Saeed is a 1L at Harvard Law School. She received her bachelors in Public Affairs from UCLA and is interested in property and family law, as well as legal issues arising at the intersection of American and Islamic law.

Cem Tecimer

Research assistant, 2016-present.

Cem Tecimer is an SJD Candidate at Harvard Law School.

Past Students and Fellows

Sohaira Siddiqui

Research fellow, 2017.

Sohaira Siddiqui was a Policy Fellow for the Spring 2017 semester. She is currently Assistant Professor of Theology and Islamic Studies at the Georgetown University School of Foreign Service in Doha, Qatar. 

Her work focuses on the relationship between law, theology and political thought in classical Islam; Islamic law during British colonization; Islamic law in contemporary Muslim societies; and secularism and modernity in relation to Muslims in the West.

Most recently, she is the author of Law and Politics Under the 'Abbasids: An Intellectual Portrait of al-Juwayni  (Cambridge University Press, 2019) and  Locating the Shari'a: Legal Fluidity in Theory, History and Practice  (Brill, 2019). She has also published numerous articles in  Islamic Law and Society, Journal of Islamic Studies, Journal of the American Oriental Society,  and  Middle East Law and Governance.  She serves as one of the series editors for Mohr Siebeck's  Sapientia Islamica: Studies in Islamic Theology, Philosophy and Mysticism.

She received her doctorate in Religious Studies from the University of California, Santa Barbara in 2014.

Mubasher Hussain

Fulbright scholar, 2016-2017.

Professor Mubasher Hussain comes to SHARIAsource as a Fulbright Scholar for the 2016-2017 academic year. Currently, he is Assistant Professor of Islamic Law and head of the Hadith and Sirah Department at the International Islamic University, Pakistan. Hussain also serves as the Secretary of the National Sirah Centre at the International Islamic University, Islamabad.

His current research project engages the neglected life and legacy of Shah Waliullah and his impact on traditional Islamic thought and Islamic law. More information on Professor Hussain’s research .

Hussain has a B.A, M.A. and a Ph.D. from the University of the Punjab, Pakistan

Ahmed El Shamsy

Senior fellow, 2017-2018.

Ahmed El Shamsy is a Senior Fellow at the Program in Islamic Law. He is also an Associate Professor of Islamic thought at the department of Near Eastern Languages and Civilizations at the University of Chicago, focusing on the evolution of the classical Islamic disciplines and scholarly culture within their broader historical context. His research addresses themes such
 as orality and literacy, the history of the book, and the theory and practice of Islamic law.

His first book, The Canonization of Islamic Law: A Social and Intellectual History , traces the transformation of Islamic law from a primarily oral tradition to a systematic written discipline in the eighth and ninth centuries. He is now at work
on his second book, a study of the reinvention of the Islamic scholarly tradition and its textual canon via the printing press in the early twentieth century.

El Shamsy has a PhD from Harvard University.

Ebrahim Afsah

Policy fellow, 2017-2018.

Ebrahim Afsah is Policy Fellow at the Program in Islamic law. He is an Associate Professor of international law at the University of Copenhagen, where he teaches international, European Union, constitutional and Islamic law. Before joining the faculty in Copenhagen, he worked for a decade as a management consultant in the Middle East and Central Asia, primarily on administrative and legal reform, counter-narcotics, prisons and legal training.

His areas of interest are public international law, especially the law of armed conflict; public law, especially administrative and constitutional law in post-conflict settings; and Islamic law, again especially its (underdeveloped) public law. Ebrahim has been a Fernand Braudel Fellow at the European University Institute in Florence, a senior fellow at the Centre for Advanced Study in Oslo.

He has been trained at the School of Oriental and African Studies in London, Trinity College Dublin, the Kennedy School of Government at Harvard, and the Max Planck Institute for International Law in Heidelberg.

Mansurah Izzul Mohamed

Visiting fellow, shariasource, 2017-2018.

Mansurah Izzul Mohamed was a Visiting Fellow at the Program in Islamic Law between 2017-2018. Her role will be to translate relevant documents in Malay and advise on relevant and important sources to be introduced and digitized. She will be in residence at ILSP during the 2017-2018 academic year.

Her research interests include Southeast Asian studies that address the political aspects, as well as the socio-economic implications of Shariah introduction and subsequent legal implementation in a country. Mohamed is also interested in areas where human rights and the different cultural understandings intersect; as well as the use of negotiation studies to further understand crisis management situations, and she has explored these in her Masters and Bachelors dissertations.

Mohamed holds a Master of Arts in Law and Diplomacy (MALD) from the Fletcher School, Tufts University (2017) and a Master of Arts in Political Studies from Auckland University (2011), respectively and a Single Honors Bachelor Degree in International Relations from Keele University (2006). 

Rodrigo Adem

Research fellow, 2017-2018.

Rodrigo Adem Alvarez was a Research Fellow at the Program in Islamic Law between 2017-2018. He studies pre-modern Muslim thought as an intellectual and social historian.  He is particularly interested in how scholarly networks mediated social and epistemic authority within the urban and political development of the Near East and Mediterranean over the 8th to 14th century.  He hopes to further current understanding of how paradigmatic scholarly traditions of law, theology, historiography, philosophy, mysticism, and political thought came to be codified during this period, and persist in key facets of Muslim thought to the present day.

Adem has an MA and PhD in Near Eastern Languages and Civilizations from the University of Chicago and a BA in History and German Literature from the University of Wisconson, Madison.

Sheza Alqera

Research assistant, 2019-2020.

Sheza Alqera is a PhD Candidate in Near Eastern Languages and Civilizations at Harvard's Graduate School of Arts and Sciences.

Iman Mohamed

Research assistant, 2019.

Iman Mohamed is a JD Candidate at Harvard Law School and PhD Candidate in History at Harvard's Graduate School of Arts and Sciences. 

Ari Schriber

Research assistant, 2016-2019.

Ari Schriber is a PhD Candidate in Near Eastern Languages and Civilizations at Harvard's Graduate School of Arts and Sciences.

Aaron Spevack

Research fellow, 2018-2019.

Aaron Spevack was a Research Fellow at the Program in Islamic Law between 2018-2019. He specializes in Islamic Intellectual History, with an emphasis on 13th-19th-century law, theology, and Sufism.

He has published two books and a number of articles on Islamic intellectual history. His book The Archetypal Sunni Scholar: Law, Theology, and Mysticism in the Synthesis of al-Bajuri was published by SUNY Press in 2014; through a study of various commentaries written by the 19th-century Egyptian scholar Ibrahim al-Bajuri, he challenges popular theories of intellectual decline and anti-rationalism. One of his more recent works focuses on the coalescence of Northwest African and Persian theological and philosophical thought in 13th-19th century Islamic education, especially its reception in Egypt's al-Azhar University.

He obtained a Ph.D. in Arabic and Islamic Intellectual History from Boston University and an ALB from Harvard University’s Extension Division. He also studied Jazz performance and composition at the New England Conservatory of Music and has extensive experience performing Jazz, Hip-hop, and Sufi music from Morocco, Turkey, and the Levant.  

Deyaa Alrwishdi

Research assistant, fall 2021.

Deyaa Alrwishdi is a Syrian lawyer and adjunct professor of law at American University Washington College of Law (WCL). He has a decade of project management and legal development experience. Prior to the Syrian conflict, Alrwishdi served as the legal deputy at the Syrian Construction and Establishment Institute, where he provided leadership and direction for staff and ensured compliance with the institution’s policies. Following the Syrian uprising, Alrwishdi worked at the national and international levels to defend victims of human rights violations in Syria, including directly defending activists arrested at protests and documenting atrocities across Syria. Mr. Alrwishdi founded the Free Syrian Lawyers Association and the Center for Rule of Law and Good Governance with the goal of amplifying the voices of Syrian civil society and working towards the transition to justice in post-conflict situations. He received the U.S. Department of State Leader for Democracy Fellowship, the Rubin International Human Rights Award from Stanford Law School, and the Alumni Fund Scholarship from WCL. Alrwishdi holds an LL.B. from Damascus University, an LL.M. from WCL, and an M.P.A. from the AU School of Public Affairs.

Israa Alzamli

Research assistant, 2021-2022.

Israa Alzamli is a JD candidate at Harvard Law School.

Samiha Baseer

Research assistant, 2022.

Samiha  Baseer is a graduate student at Harvard Divinity School. At HDS, her main area of focus is Islamic studies. She is broadly interested in Islamic law and the history of Islam across South Asia. Prior to HDS,  Samiha  received a BA at the University of California Berkeley.

Anissa Abdel-Jelil

Anissa Abdel-Jelil is an MDiv Candidate at Harvard Divinity School.

Research Assistant, Summer 2020

Aaron Dunn is a rising 3L at Harvard Law School.

Jason Golfinos

Research assistant, 2020-2021.

Jason Golfinos is a JD student at Harvard Law School.

Stephanie Gullo

Stephanie Gullo is a rising 2L at Harvard Law School.

Daniel Jacobs

Daniel Jacobs is a PhD Candidate in History at Harvard's Graduate School of Arts and Sciences.

Tiran Bajgiran

Research assistant, 2022-2023.

Tiran Bajgiran is an SJD candidate and Knox Fellow at Harvard Law School

Saaleh Baseer

Research assistant, 2023.

Saaleh is PhD candidate in the History-CMES joint program and interested in postclassical Ḥanafi legal theory, Mughal political theology, and the development of Ḥanafi substantive law in Mughal India.

He earned his BA at Columbia University, in History. He has also completed a six-year Dars-i Nizami course in South Africa and has spent three years training as a Mufti at Darul Qasim College, writing over two-hundred fatwas in Hanafi doctrine.

Marzieh Tofighi Darian

Program student fellow, 2018-2022.

Marzieh Tofighi Darian is an SJD Candidate at Harvard Law School.

Masooma Haider

Masooma Haider is a 2L at Harvard Law School. As a second-generation Pakistani-American, Masooma is interested in issues of Muslim civil rights, immigration reform, data privacy, and civic engagement, as well as the study and documentation of Shi'i jurisprudence.

Saleh Ismail

Saleh Ismail is a J.D. Candidate at Harvard Law School.

Ariq Hatibie

Research assistant, 2021-2023.

Ariq Hatibie is a 1L at Harvard Law School interested in human rights and international law. He has worked for the European Commission on investor-state arbitration issues, collaborated with the International Crisis Group on a transitional justice project for the Yazidis of Northern Iraq, and conducted research in the fields of public health, nuclear diplomacy, and peacebuilding. At Harvard, he is an articles editor for the Human Rights Journal, and is part of the Advocates for Human Rights.

Ariq holds a BA in Global Affairs from Yale University and an MSc in Global Governance and Diplomacy from the University of Oxford.

Shanzay Javaid

Shanzay Javaid is an LL.M. candidate at Harvard Law School. Her areas of focus include issues in cyberlaw and regulation of tech space, as well as commercial and contract law. She is also interested in research of Islamic law and the digitization of its sources to provide accessibility world-wide. Before coming to Harvard, she worked as a transactional lawyer and served as a legal advisor for a UK-based tech company in Pakistan

Abdelrahman Mahmoud

Research assistant, 2020-2023.

Abdelrahman Mahmoud is a PhD Candidate in the History and Middle East Studies program at Harvard's Graduate School of Arts and Sciences.

Lily Moens is a JD candidate at Harvard Law School.

Abdul Wahab Niaz

Abdul Wahab Niaz is an LL.M Candidate at Harvard Law School. Prior to attending HLS, he worked as a law clerk to Chief Justice Umar Ata Bandial at the Supreme Court of Pakistan, and also rendered services in the dispute resolution and corporate advisory team of a leading Pakistani law firm. His research interests in Islamic law center around studying judicial islamization of laws in Pakistan and exploring Islamic constitutionalism in muslim-majority countries. At PIL, he is interested in working on digitization of Islamic law resources and also exploring the intersection between law and technology in our digitized world.

Niaz holds BA.-LL.B (Honours) from Lahore University of Management Sciences (LUMS).

Sohaib Baig

Research fellow, 2020–2021.

Sohaib Baig was a Research Fellow at the Program in Islamic Law between 2020-2021. He is interested broadly in connected intellectual and social histories of Islam across South Asia, the Indian Ocean, and the Middle East in the early modern and modern period.

Sohaib's book project is based on his dissertation, entitled "Indian Hanafis in an Ocean of Hadith: Islamic Legal Authority between South Asia and the Arabian Peninsula, 16th - 20th Centuries." It examines how Indian Hanafis from Sindh and Delhi maneuvered across imperial geographies to pursue hadith scholarship and engage multiple legal schools (madhhabs) in the Indian Ocean. It analyzes how such transregional exchanges produced immense debate on the authority of the Islamic legal school and the usage of hadith as legal evidence, leading to the formation of new Islamic legal institutions in the modern period.

He completed his PhD in the Department of History at the University of California, Los Angeles. Sohaib has conducted archival research in Pakistan, Egypt, Saudi Arabia, Turkey, Bosnia and Herzegovina, the Netherlands, and the UK.

Research Fellow, 2019–2020

Dana Lee is a research fellow at the Program in Islamic Law for the 2019-2020 academic year. She is currently working on her first book project based on her dissertation entitled,  At the Limits of Law: Necessity in Islamic Legal History, Second/Eighth through Tenth/Sixteenth Centuries .  

She received her Ph.D. from the Near Eastern Studies Department at Princeton University in 2019 and previously received a J.D. from UCLA School of Law.

Research Fellow, 2018–2020

Mariam Sheibani is a Research Fellow at Harvard Law School's Program in Islamic Law and Lecturer at Harvard Divinity School.   Her research interests are in Islamic intellectual and social history, with a focus on law, ethics, gender, and contemporary Islamic thought. She serves as Lead Blog Editor for the  Islamic Law Blog  (formerly the SHARIAsourceBLOG) based at Harvard Law School.

Her first book project, Islamic Legal Philosophy: Ibn ʿAbd al-Salām and the Ethical Turn in Medieval Islamic Law , examines how Muslim jurists from the eleventh to fourteenth centuries addressed salient questions of legal philosophy and ethics, leading them to develop competing legal methodologies and visions of the law. In particular, she traces the development of a purposive, analytical, and socially responsive legal discourse that originated among Shāfiʿī jurists in Khorasan and continued to evolve in Ayyubid Damascus and Mamluk Cairo in subsequent centuries. The study centers on a prominent Damascene heir of Khorasani Shāfiʿism, ʿIzz al-Dīn b. ʿAbd al-Salām, a pivotal figure in the development of Islamic legal philosophy, ethics, and legal maxims (qawāʿid fiqhiyya). Learn more about her book project and other current  research projects .

She received her PhD in Islamic Thought from the Department of Near Eastern Languages and Civilizations at the University of Chicago.Prior to her doctoral studies, she earned a BA in Public Affairs and Policy Management, an MA in Legal Studies, and a second an MA in Islamic Thought. 

R. Salah Muhiddin

Research assistant, spring 2022.

Salah Muhiddin is a JD candidate at Harvard Law School.

Asma Khoshmehr

Asma Khoshmehr is a MFA student at Emerson College.

Salaam Sbini

Salaam Sbini is an MTS student at Harvard Divinity School. 

Hani Ramadan

Hani Ramadan is a PhD candidate in Histories and Cultures of Muslim Societies, in the department of Near Eastern Languages and Civilizations (NELC), Harvard. His main focus is on Quranic Studies and Sufism. His MA dissertation (American University of Beirut) focused on the methodology of the Sufi interpretation of the Quran.

Faris Rehman

Faris Rehman is a 1L at Harvard Law School hoping to concentrate in the intersection between law and technology. He has his B.S. in Computer Science and Engineering from the Ohio State University, where he specialized in artificial intelligence.

Marta Canneri

Research assistant, 2020.

Marta Canneri is a JD student at Harvard Law School.

Aiyanna Sanders

Research assistant, 2020-2022.

Aiyanna Sanders is a JD student at Harvard Law School.

Rehan Staton

Rehan Staton is a JD student at Harvard Law School.

Hassaan Shahawy

Shariasource student editor, 2020.

Hassaan Shahawy is a student at Harvard Law School. At HLS, he was elected the first Muslim president of the  Harvard Law Review , and also served as the co-president of the Muslim Law Students Association and as a Lead Article Editor with the  Harvard Civil Rights-Civil Liberties Law Review . He is interested in legal history, criminal law, environmental law, and property. He also has studied Islamic law traditionally in various countries around the world.

Prior to HLS, he received a BA in History and Near Eastern Studies at Harvard University, then an MA and PhD in Oriental Studies at the University of Oxford, which he attended as a Rhodes Scholar.  

Saqib Qureshi

Saqib Qureshi is an MTS Candidate at Harvard Divinity School.

Zahra Takhshid

Research affiliate, 2020-2021.

Zahra Takhshid was a Research Affiliate to the Program in Islamic Law and the Reginald Lewis Fellow for Law Teaching at Harvard Law School. She also served as the Islamic Law Fellow at the Institute on Religion, Law, & Lawyer’s Work at Fordham Law School. Zahra is a  Faculty Associate at the Berkman Klein Center for Internet and Society at Harvard University  and has been selected as the 2021 Quantum Fellow at the Center for Quantum Networks of University of Arizona in partnership with Yale Law School’s Information Society Project (ISP).

She teaches and writes about torts, contracts, privacy, social media, technology and the law. Part of her scholarship explores how to use tools from torts and contracts in resolving challenges with emerging technological developments. A second strand of her interest is Islamic and comparative law. 

Zahra holds a doctorate (S.J.D.) from Fordham Law School. She earned an LL.M. from the George Washington University Law School where she was the recipient of full tuition Thomas Buergenthal Scholarship. She also has an LL.M. ( Summa Cum Laude ) and an LL.B. ( Magna Cum Laude ) from University of Tehran School of Law and Political Science.

Rabiat Akande

Research affiliate, 2019-2021.

Rabiat Akande was a Research Affiliate at the Program in Islamic Law between 2019-2020 and a Clark Byse Fellow at Harvard Law School. She is currently an Assistant Professor of Law at Osgoode University. 

Her current research explores struggles over religion-state relations in comparative contexts and illuminates law’s centrality to one of modernity’s most contested issues–the relationship between religion, and the state, and society–while also interrogating law’s complex relationship with power, political theology, identity, and socio-political change. These issues are at the forefront of her book project, Constitutional Entanglements: Empire, Law and Religion in Colonial Northern Nigeria (under contract with Cambridge University Press), which traces the emergence of “secularism” as a constitutional idea of ordering religion-state relations in early to mid-twentieth century British Colonial Northern Nigeria, and grapples with the postcolonial legacy of that inheritance.

She received her SJD from Harvard Law School in 2019 and obtained her Bachelor of Laws from the University of Ibadan, graduating with a First Class Honors and at the top of her class and later studied at the Nigerian Law School from which she also graduated with a First Class Honors.

Mary Elston

Mary Elston is a scholar of Islam focusing on the modern and contemporary Middle East. Her research interests are in the anthropology of Islam, religious studies, and Islamic intellectual history, with a focus on education, knowledge, politics, and language.  

Her dissertation, “Reviving  Turāth : Islamic Education in Modern Egypt,” combines ethnography and textual analysis to examine the politics, texts, and practices of a traditionalist education movement at Egypt’s al-Azhar, the preeminent institution of Islamic learning located in Cairo, received the Alwaleed Bin Talal Prize for Best dissertation in Islamic Studies in 2020.  

Her research in Egypt was supported by the Loeb Dissertation Research Fellowship in Religious Studies, the Frederick Sheldon Traveling Fellowship, the American Research Center in Egypt, the Weatherhead Center for International Affairs, and Harvard University Center for African Studies. At PLS, Mary plans to turn her dissertation into a book manuscript, tentatively titled “Constructing Tradition: Islamic  Turāth  in the Contemporary Islamic World.” Her book will take a social scientific and humanistic approach to debates about tradition, knowledge, and Islamic education in the modern and contemporary Muslim world.

 In May 2020, Mary received her Ph.D. from Harvard University’s Department of Near Eastern Languages and Civilizations.

email:  [email protected]

Karina Halevy

Research assistant, summer 2021.

Karina Halevy is an undergraduate student majoring in Applied Math and Computer Science. She's interested in computational linguistics, data science for social good, education, and tech ethics.

Mohammad Abderrazzaq

Research affiliate, 2020-2022.

Mohammad A. Abderrazzaq is a Research Affiliate at the Program in Islamic Law. He has also been a contributing editor for the Sharia Source Project at Harvard Law School. In addition to his research in Islamic legal theory, Mohammad has taught courses on Islam in America, Islamic intellectual history, Islamic law, Islamic history, and Qur’anic exegesis.

His dissertation was a study of the development of  maqāṣid  juridical theory, which he is preparing for publication under the title  The Higher Objectives of Islamic Law: The Development of Maqāṣid Theory from al-Shāṭibī to Ibn ʿĀshūr and the Contemporary Maqāṣid Movement . Mohammad is also an editor for a book series treating the  maqāṣid  thought of premodern and modern legal figures.

He received his PhD in Near Eastern Studies from the University of Michigan, Ann Arbor.  

Yusuf Celik

Data science fellow, 2021-2022.

Yusuf Celik is the lead data scientist for the SHARIAsource Courts and Canons Project, 2020-2021. He  is currently an adjunct lecturer and researcher at the University of Utrecht.

His research is on Philosophical Hermeneutics in the Islamic tradition and Continental philosophy. Yusuf Celik has also been active for years in the field of software engineering. As an independent contractor he has worked for different high profile clients in the capacity of lead developer, consultant, code coach, and Scrum master. He is currently exploring ways to synthesize insights from Philosophical Hermeneutics with new technologies such as Deep Learning.

Celik received his PhD from the University of Edinburgh in 2020 for his dissertation on contemporary Qur’an hermeneutics in Turkey.

MESA Global Academy Fellow, 2020-2022

Dr. Issam Eido is a Global Academy Scholar in partnership with the Middle East Studies Association (MESA). He is also an Assistant Professor of the Practice of Religious Studies at Vanderbilt University Department of Religious Studies. A former visiting scholar of Islamic and Arabic Studies at The University of Chicago-Divinity School (2013-2015). Prior to the Syrian uprising, Eido served as a lecturer in the faculty of Islamic Studies in the Department of Quran and Hadith Studies at the University of Damascus.  

Eido's research focuses on the Qur'an, Hadith Studies, Sufism. His teaching interests focus on Qur’an, Hadith, Early Islamic legal theory, and Arabic Studies.  

Eido received his Ph.D. from the Department of Quran and Hadith Studies at Damascus University in 2010. For more information visit his webpage . 

Hedayat Heikal

Research fellow, 2021-2022.

Hedayat Heikal is a Research Fellow at the Program in Islamic Law and a Climenko Fellow and Lecturer on Law at Harvard Law School. She served as a Research Scholar in Law and the inaugural Islamic Law and Civilization Research Fellow at Yale Law School, a Distinguished Visiting Professor at the American University in Cairo, as well as a Graduate Program Fellow at Harvard Law School. Her academic work focuses on comparative constitutional law, the rise of the administrative state, and Middle Eastern and Islamic law. Between 2009 and 2013, she practiced as a litigation, arbitration, and enforcement attorney at Cleary Gottlieb Steen & Hamilton LLP in New York, representing clients on a wide array of disputes and regulatory matters.

She recently completed a  dissertation titled “Beyond Juristocracy: The Rise and Fall of Judicial Activism on National Identity Questions in the Middle East.”

Hedayat also holds a Doctor of Law (J.D.) magna cum laude  from Harvard Law School and a Bachelor of Science (B.Sc.)  summa cum laude from the American University in Cairo. 

Shahrad Shahvand

Shahrad Shahvand is a PhD Candidate in the Near Eastern Languages and Civilizations program at Harvard's Graduate School of Arts and Sciences.

Fatima Essop

Research affiliate, 2022-2023.

Fatima Essop is a Fellow at the Program on Law & Society in the Muslim World at Harvard Law School and an Advocate of the High Court of South Africa. She has practiced in the areas of public interest litigation, administrative law, environmental law, torts, and family law, and is an accredited family law mediator with experience in the area of Muslim family law. 

Her current research focuses on the practice of Muslim family law, by the Muslim minority community in South Africa. She has undertaken socio-legal, empirical research in the areas of Islamic divorce and inheritance in order to identify the disparities between the theory of law and the lived reality of the law, as experienced by the Muslim community in South Africa. 

Essop has a PhD from the University of Cape Town (UCT) where her thesis focused on the intersection between the Islamic laws of inheritance and the South African laws of inheritance, and has lectured on the Interpretation of Statutes in UCT’s Law Faculty. She also has a BA degree in Arabic and Islamic law from the International Peace College of South Africa and a Certificate in Islamic Finance from the ETHICA Institute of Islamic Finance based in the United Arab Emirates.

Rami Koujah

Research editor, islamic law blog, 2022-2023.

Rami Koujah is a PhD candidate in Near Eastern Studies at Princeton University. His dissertation is on the concept of personhood in Islamic law and legal theory. Rami earned his JD from Stanford Law School, MSt from Oxford University, and a joint BA/MA from UCLA.

Hadi Qazwini

Hadi Qazwini is an educator and researcher. His scholarly interests are in Islamic intellectual history, with a focus on theology, law, and Imāmī Shīʿīsm. He completed his Ph.D. in Religious and Islamic Studies at the University of Southern California. His dissertation, titled “The Islamic Debate on Juristic In/Fallibility ( al-takhṭi ʾ a wa al-taṣwīb ) and the Construction of Competing Orthodoxies,” explores the intellectual and practical underpinnings of the debate in Islamic legal theory over whether all legal experts are correct ( kullu mujtahid muṣīb ). In addition to pursuing the academic study of Islam, Hadi obtained advanced training in the Shīʿī seminary ( al-ḥawza al-ʿilmiyya ) in Qum, Iran, specializing in the traditional study of Islamic thought and practice. He recently published a peer-reviewed article in   Islamic Studies   entitled “Heir of the Prophets: Veneration of Ḥusayn b. ʿAlī and the Socio-Religious Positioning of Twelver Shiism.” He is in the early stages of writing a book, tentatively titled   Islam and the Problem of Truth: An Intellectual History . In addition to his scholarly work, Hadi serves in several non-profit organizations in the areas of higher education and international development and relief.

Raha Rafii is currently an Honorary Fellow at the Institute of Arab and Islamic Studies at the University of Exeter, where she was previously a Post-Doctoral Research Fellow on the Law and Learning in Imami Shi‘i Islam ERC project. She received her PhD in 2019 from the Department of Near Eastern Languages and Civilizations at the University of Pennsylvania and specializes in medieval Islamic history, jurisprudence, and Arabic and Persian historiography.  As an American Society of Legal History Wallace Johnson First Book Fellow, she is working on turning her dissertation into a book titled  Imagining the Islamic Judge: The  Adab al-qadi  Genre . Focusing on the standard legal genre of  adab al-qāḍī , or judicial protocol, the book project focuses on the impacts and intersections of non-legal literatures on  adab al-qāḍī  works. In addition to her research specialization, she also publishes on digital humanities, museums, and orientalism in both academic and public-facing outlets.

She received her B.S. in International Politics from Georgetown University and masters’ degrees in both Oriental Studies and Jewish Studies from the University of Oxford. She has also held a Fulbright scholarship in Egypt as well as a Legal Theory Fellowship at Cardozo Law School.

Simon Loynes

Research editor, 2020-2022.

Simon is a Research Editor at the Program in Islamic Law. He has previously worked as part of the Knowledge, Information Technology, and the Arabic Book project at the Aga Khan University, London. He is a specialist in the Qur’an and is particularly interested in its literary aspects, its relationship to early Arabic poetry, and its place in Late Antiquity. His research also applies Digital Humanities methodologies to the study of the Qur’an, and he interested, more broadly, in the digitisation of Arabic texts and the challenges presented by building large-scale digital corpora.

His first monograph, "Revelation in the Qur’an," investigates the Qur’anic concept of revelation through the roots n-z-l and w-ḥ-y, was published in early 2021 in Brill’s Texts and Studies on the Qurʾān series (Brill, 2021).

He holds a PhD in Islamic and Middle Eastern Studies from the University of Edinburgh (2019) and a MA in Islamic Societies and Cultures from the School of Oriental and African Studies, University of London (2014). 

Haroun Rahimi

Global mesa fellow, 2022-2023.

Haroun  Rahimi is an Assistant Professor of Law at the American University of Afghanistan and a Visiting Professor of Law at Bocconi University School of Law and is a Global Academy Scholar at MESA.. His research focuses on economic laws, institutional reform, Islamic finance, and divergent conceptions of rule of law in Muslim and modern thoughts, and religious authority, and his research has appeared in reputable local and international journals. Rahimi has also collaborated as an independent consultant with a number of research firms and policy think tanks conducting policy research on institutional development and good governance in the South Asia context. At the Oxford Centre for Islamic Studies, he has worked on Islamic finance as a poverty alleviation strategy, the legal history of Afghanistan, and the ways that legal transplantation is legitimized in Muslim countries.

Rahimi was a visiting scholar at the International Institute for the Unification of Private Law (UNIDROIT) in Rome. He obtained his B.A. in Law from Herat University, his LLM in Global Business Law, and his Ph.D. from the University of Washington.

Aliya Zuberi

Aliya Zuberi is a 2L at Harvard Law School. She holds a BA in History from Barnard College.

Sithy Ermiza Tegal

Research affiliate, spring 2023.

Ermiza Tegal is a lawyer and activist from Sri Lanka. She has a Master of Laws from the School of Oriental and African Studies (SOAS) of the University of London with a specialization in Law, Governance and Development. Her work encompasses addressing gender-based violence, ensuring civil liberty protections in counter terror responses, ensuring minority rights, defending rights and protection for victims of torture, promoting people-centred land policies and the securing freedom of assembly and expression of non-governmental civil society organizations. Ermiza leads a legal chamber specializing in public law and family law. Her practice litigates on issues of constitutional law and administrative law mainly representating victims of discrimination, torture, arbitrary arrest and detention and domestic violence.

Ermiza is a co-founder of  Muslim Personal Law Reform Action Group  (MPLRAG) which works for Muslim family law reforms. Ermiza currently serves as a legal expert on governmental advisory committees on Muslim law reform and Family law reform in Sri Lanka. Her publications include  “Inside the Quazi Courts of Sri Lanka” , Failing Women Everyday: Legal Protection for Domestic Violence Victims in Sri Lanka”, “ Towards Understanding Female Genital Cutting in Sri Lanka ” , “ Exposed and Alone: Torture Survivors in Sri Lanka bear the burden of their own protection ” and “Prevention of Terrorism Act, Rule of Law and Human Security”.

AbdurRahman Bhatti

Research intern, summer 2023.

AbdurRahman Bhatti is an engineering student at Princeton with an interest in solving major problems using technology and entrepreneurship. In parallel with his studies, AbdurRahman ran a Techstars-backed augmented reality/fitness startup called Ghost Pacer for five years that generated seven figures in annual revenue. During that time, he also managed a 35-person engineering team and filed for 7 patents across various fields.

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5 Dissertation Topics on Islamic Finance

Published by Owen Ingram at January 9th, 2023 , Revised On October 5, 2023

Introduction

Islamic finance is a means of finance followed and undertaken by financial corporations (banks and lending institutions) in the Muslim world and Islamic companies operating in the Western world.

Islamic finance helps these companies raise finance following the Sharia law, also known as Islamic law. Islamic finance also refers to the different types of investments that are allowed under Sharia or Islamic law.

Islamic law outlines certain rules and regulations that need to be followed. One main rule of understanding Islamic banking and finance is avoiding interest (also known as riba). Since Islamic law views interest payments as favouring the lender, who is charging interest at the borrower’s expense, these payments are considered haram (prohibited) under the Islamic law of finance.

In contrast to the traditional banking method, Islamic finance and Islamic banking work with the sole purpose of contributing to the socio-economic goals of the society by placing its focus on profit-sharing schemes.

Profit banking, under which the financial institution shares its profits and losses, is considered halal (permissible) under Islamic finance law.

On the other hand, traditional banking is based on profits through halal or haram means of doing business, which is why this form of banking is discouraged under Islamic rules and teachings.

Considering Islamic Finance as a burgeoning field, this topic must be studied in-depth. Here are five dissertation topics on Islamic finance that will help understand the subject comprehensively:

These topics have been developed by PhD qualified writers of our team , so you can trust to use these topics for drafting your dissertation.

You may also want to start your dissertation by requesting  a brief research proposal  from our writers on any of these topics, which includes an  introduction  to the topic,  research question ,  aim and objectives ,  literature review  along with the proposed  methodology  of research to be conducted.  Let us know  if you need any help in getting started.

Check our  dissertation examples  to get an idea of  how to structure your dissertation .

Review the full list of  dissertation topics for 2022 here.

2022 Dissertation Topics on Islamic Finance

Topic 1: the role of islamic finance in financial inclusion among young working adults in the uk.

Research Aim: This research aims to find the role of Islamic finance in financial inclusion among young working adults in the UK. It will find how Islamic finance, through various aspects such as Islamic banking, investments, lending, etc., attract young working individuals to become a part of the UK financial system. Moreover, it will analyze how such as marketing, etc. Islamic financial institutions make Islamic finance more accessible and easier to manage for the young working individuals from various fields of life in the UK.

Topic 2: COVID-19 and Islamic Finance: Impact of COVID-19 on the Growth of Islamic Banking in Indonesia

Research Aim: This study will assess the impact of COVID-19 on the growth of Islamic banking in Indonesia. It will analyze the effects of COVID-19 on various Islamic banking operations in Indonesia. It will also show what strategies Islamic banks used to curb the aftereffects of COVID-19. Moreover, it will analyze its impact on profits, the number of accounts opened, lending, investments, etc., to show how did COVID-19 affect Islamic banking growth in Indonesia.

Topic 3: Islamic vs. Conventional Finance: A Study to Find the Impact of Islamic and Conventional Instruments on the Financial Sector Stability in Pakistan

Research Aim: This research intends to find the impact of Islamic and conventional instruments (bonds, investments, mortgages, etc.) on the financial sector stability in Pakistan. It will review how Islamic and conventional instruments operates in Pakistan and the difference in demands for both instruments among various individuals. Moreover, it will show how it affects the overall financial sector in Pakistan and the overall economy through investment, mortgages, lending, employment generation, banking sector growth, and financial inclusion.

Topic 4: Islamic vs. Conventional Bonds, which Absorb Global Economic Shocks Better? A Case of Sukuk vs. Conventional International Bonds during COVID-19

Research Aim: This study compares Islamic and conventional bonds to absorbing global economic shocks such as high inflation, high oil and gas prices, global economic uncertainty, global pandemics, supply chain disruptions, etc. It will compare how the performance of Islamic and conventional bonds varies with the global financial situation. It will use COVID-19 as a case study of how it affected the returns on Islamic vs. conventional bonds. Moreover, it will show how global economic and political power affects these bonds.

Topic 5: Is Islamic Finance Acceptable in Wall Street? The Role Played by Islamic Financial Companies in the US Financial Sector

Research Aim: This research sheds light on the role played by Islamic financial companies in the US financial sector. It will find how Islamic companies are listed on the New York stock exchange (NYSE) and other major exchanges in the US? How do these companies raise capital in the US? What is their financial performance as compared to their non-Islamic counterparts? Moreover, it will determine whether these companies have significant contributions to the US economy or are still outcasts?

Covid-19 Islamic Finance Research Topics

Topic 1: impact of coronavirus on islamic finance.

Research Aim: This study will address the impact of Coronavirus on Islamic finance.

Topic 2: The role of Islamic finance during COVID-19

Research Aim: This study will address the contribution and implications of Islamic finance during COVID-19.

Topic 3: Global Islamic banking and COVID-19

Research Aim: This study will focus on the situation of global Islamic banking, including the challenges and measures to overcome those challenges during COVID-19.

Islamic Finance Research Topics 2021

Topic 1: international conference on islamic finance 2021.

Research Aim: This research aims to conduct an in-depth study of the international conference on Islamic finance 2021.

Topic 2: Entrepreneurship in Islam- a literature review

Research Aim: This research aims to identify the role of entrepreneurship in Islam and conduct a literature review to draw evidence-based conclusions.

Topic 3: Customers satisfaction with Islamic banking

Research Aim: This research aims to evaluate the customer’s satisfaction with Islamic banking

Topic 4: Concept of profitability in Islamic Vs. Conventional banks

Research Aim: This research aims to conduct a comparative study on the concept of profitability in Islamic and Conventional banks.

Evaluating the Islamic Types of Investments – Which One is the Most Profitable?

Research Aim: Islamic finance is a vast field. To understand how it works and what opportunities it presents, we must understand its offers. Among the different types of Islamic finances available, the various sources of Islamic funds, etc. There are different types of Islamic investment opportunities one can invest in.

As a religion, Islam does not allow interest earned on any investment. This study will be an exciting one. The thesis will discuss all the available types of Islamic investments and the type of returns they offer.

Each investment instrument will be evaluated based on what it offers and how people can earn a return on their investments. This research will be based on statistics and qualitative data and discuss which type of investment could be the most profitable.

Understanding the Fundamentals of Islamic Finance and How it Works

Research Aim: Islamic finance is an exciting field. The more you learn about it, the more curious you become about how it operates, what rules and standards it follows, and what returns the system offers.

This research will explore the basics of Islamic finance, i.e. how the system was developed, its guiding principles, and the rules and regulations set. Most importantly, the research will cite examples from the Holy Quran and include fatwas from renowned Muslim scholars regarding investment and finance.

The thesis will prove a stepping stone for researchers looking to learn Islamic finance and how it should be implemented for the best outcome for the borrower and the investor.

How Can ResearchProspect Help?

ResearchProspect writers can send several custom topic ideas to your email address. Once you have chosen a topic that suits your needs and interests, you can order for our dissertation outline service which will include a brief introduction to the topic, research questions , literature review , methodology , expected results , and conclusion . The dissertation outline will enable you to review the quality of our work before placing the order for our full dissertation writing service !

Comparative Study of Traditional and Islamic Finance

Research Aim: Traditional banking is something that everyone is aware of. From basic accounts to loans and investment opportunities, banks offer their customers all sorts of money-making opportunities. However, they charge interest on loans and offer interest payments to account holders and different investment schemes.

This is exactly the opposite of what Islamic banking offers. Islamic finance and banks run on a basic rule of profit and loss sharing. If the bank or financial institution earns profits, they are shared according to a certain fixed percentage. In cases where the institutions suffer losses, the same is shared/deducted from investors’ earnings.

This thesis will focus on the main difference between the two types of banking, focusing on investment instruments, etc. The research will then conclude which banking is favourable for society and how people can gain more.

Islamic Finance and Economic Development: How Does Islamic Finance Law Contribute?

Research Aim: Many Islamic finance proponents argue that Islamic Finance helps people earn more in the right manner. Still, it also helps them build a society and contribute to the well-being of people.

This study will discuss how finance and banking help individuals borrow and lend and how Islamic finance contributes to societies’ economic development.

The thesis will conclude by suggesting new and innovative ways for the banking and finance industry to help people struggling with finances and assist the economy by offering friendly investment opportunities and loans.

How Interest-Free is Islamic Interest-Free Banking?

Research Aim: Islamic finance is usually considered a system that does not directly benefit the people. Many experts believe that Islamic finance is interest-free only on the surface but applies interest as ‘hidden charges’ or renames the term ‘interest.’

While this holds for a few financial institutions, the bigger picture might be a little different. Islamic finance is interest-free and can run successfully if appropriately and implemented accurately, as many Islamic researchers claimed.

This research will provide an in-depth analysis of how successful Islamic finance has been, how it works interest-free, and how people benefit from it. The research will also negate notions of Islamic finance, i.e. the system is not interest-free. Moreover, the thesis will investigate how the system works concerning Islamic teachings and how people benefit from them.

Important Notes:

As a student of Islamic finance looking to get good grades, it is essential to develop new ideas and experiment on existing Islamic finance theories – i.e., to add value and interest in your research topic.

Islamic finance is vast and interrelated to many other academic disciplines like finance, management , and project management . That is why it is imperative to create an Islamic finance dissertation topic that is particular, sound, and actually solves a practical problem that may be rampant in the field.

We can’t stress how important it is to develop a logical research topic based on your entire research. There are several significant downfalls to getting your topic wrong; your supervisor may not be interested in working on it, the topic has no academic creditability, the research may not make logical sense, and there is a possibility that the study is not viable.

This impacts your time and efforts in writing your dissertation , as you may end up in the cycle of rejection at the initial stage of the dissertation. That is why we recommend reviewing existing research to develop a topic, taking advice from your supervisor, and even asking for help in this particular stage of your dissertation.

While developing a research topic, keeping our advice in mind will allow you to pick one of the best Islamic finance dissertation topics that fulfil your requirement of writing a research paper and add to the body of knowledge.

Therefore, it is recommended that when finalizing your dissertation topic, you read recently published literature to identify gaps in the research that you may help fill.

Remember- dissertation topics need to be unique, solve an identified problem, be logical, and be practically implemented. Please look at some of our sample Islamic finance dissertation topics to get an idea for your own dissertation.

How to Structure your Islamic Finance Dissertation

A well-structured dissertation can help students to achieve a high overall academic grade.

• A Title Page
• Acknowledgements
• Declaration
• Abstract: A summary of the research completed
• Table of Contents
• Introduction: This chapter includes the project rationale, research background, key research aims and objectives, and the research problems. An outline of the structure of a dissertation can also be added to this chapter.
• Literature Review : This chapter presents relevant theories and frameworks by analysing published and unpublished literature on the chosen research topic to address research questions . The purpose is to highlight and discuss the selected research area’s relative weaknesses and strengths whilst identifying any research gaps. Break down the topic and key terms that can positively impact your dissertation and your tutor.
• Methodology : The data collection and analysis methods and techniques employed by the researcher are presented in the Methodology chapter, which usually includes research design , research philosophy, research limitations, code of conduct, ethical consideration, data collection methods, and data analysis strategy .
• Findings and Analysis : Findings of the research are analysed in detail under the Findings and Analysis chapter. All key findings/results are outlined in this chapter without interpreting the data or drawing any conclusions. It can be useful to include graphs, charts, and tables in this chapter to identify meaningful trends and relationships.
• Discussion and Conclusion : The researcher presents his interpretation of results in this chapter and states whether the research hypothesis has been verified or not. An essential aspect of this section of the paper is to link the results and evidence from the literature. Recommendations with regards to implications of the findings and directions for the future may also be provided. Finally, a summary of the overall research, along with final judgments, opinions, and comments, must be included in the form of suggestions for improvement.
• References : This should be completed following your University’s requirements
• Bibliography
• Appendices : Any additional information, diagrams, and graphs used to complete the dissertation but not part of the dissertation should be included in the Appendices chapter. Essentially, the purpose is to expand the information/data.

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The Function and Challenges of Sharia Court in Applications of Islamic Law in Ethiopia: The cases of Hararghe Zone.

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Dissertations / Theses on the topic 'Islamic family law'

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Consult the top 30 dissertations / theses for your research on the topic 'Islamic family law.'

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Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.

Abdul, Malek Normi. "Malaysian law of custody : a comparative study with Islamic, English and Scottish laws." Thesis, Glasgow Caledonian University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388285.

Moosa, Ebrahim. "Application of Muslim personal & family law in South Africa : law, ideology and socio-political implications." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14344.

Ceres, Moegammad Soliegh. "Family Planning and Progeny as a means of enacting the Maqāsid al- Sharī’ah: A Critical analysis of the positions of Gamal Eldin Attia, Abul Faḍl Moḥsin Ebrāḥīm and ‘Abdel Raḥīm Omrān." University of the Western Cape, 2018. http://hdl.handle.net/11394/7874.

Abdel, Hadi Fouz. "Islamic Legislative Drafting Methodology for Women's Equality Rights in Palestine: Using Codification to Replace the Wife's Obedience Obligation by Full Equality in the Family Law." Thesis, Université d'Ottawa / University of Ottawa, 2009. http://hdl.handle.net/10393/12748.

Akhtar, Rajnaara C. "British muslims and transformative processes of the Islamic legal traditions : negotiating law, culture and religion with specific reference to Islamic family law and faith based alternative dispute resolution." Thesis, University of Warwick, 2013. http://wrap.warwick.ac.uk/57689/.

Welchman, Lynn. "Beyond the code Muslim family law and the shariʼa judiciary in the Palestinian West Bank /." The Hague ; London ; Boston : Kluwer Law International, 2000. http://catalogue.bnf.fr/ark:/12148/cb37739801w.

Sharafeldin, Marwa. "Personal status law reform in Egypt : women's rights : NGOs navigating between Islamic law and human rights." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:9d389f66-f8f6-4c0a-8755-1f7d2186a1ba.

Hak, Nora Abdul. "Islamic arbitration (Tahkim) and mediation in resolving family disputes : a comparative study under Malaysian and English Law." Thesis, Glasgow Caledonian University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395796.

Wolpe, Camille L. "State-building, Systemic Shocks and Family Law in the Middle East and North Africa." Digital Archive @ GSU, 2012. http://digitalarchive.gsu.edu/political_science_theses/50.

Dwairi, Orwah. "Determining the minimum legal age for marriage in Islamic Fiqh with a focus on its impact on young married women's rights : a case study of Family Law No 36 of 2010 in Jordan." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=226815.

Badareen, Nayel A. "Identity and Authority: Changes in the Process of Debates over the Islamic Marriage Contract among Contemporary Muslim Arab Intellectuals." Diss., The University of Arizona, 2014. http://hdl.handle.net/10150/332830.

Pittman, Alexandra. "Transforming Constraint: Transnational Feminist Movement Building in the Middle East and North Africa." Thesis, Boston College, 2009. http://hdl.handle.net/2345/2220.

Cusairi, Rafidah Binti Mohamad. "The application of Islamic Shari'ah to the Muslim minority living in the UK : a comparative study on family mediation between English law and faith-based med-arb at Shari'ah councils." Thesis, Glasgow Caledonian University, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.636816.

Ali, Robleh Youssouf. "Le droit français confronté à la conception musulmane de la filiation." Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND003/document.

Shahrani, Shahreena. "The Social (Re)Construction of 'Urfi Marriage." The Ohio State University, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=osu1276045137.

Sortor, Angela E. "Explanation for the Variation of Women’s Rights Among Moderate Muslim Countries." Thesis, University of North Texas, 2012. https://digital.library.unt.edu/ark:/67531/metadc149664/.

Shahid, Tahrat Naushaba. "Imaginary lines? : 'Islam', 'secularism', and the politics of family laws in Bangladesh." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:5d092800-be1a-42bf-8632-e733889ada15.

Ben, Zliha Mariam. "De la discursivité du droit de la famille marocain sous Mohamed VI : une orientation politique du processus des réformes et sa représentation." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA010.

N'Diaye, Marième. "La politique constitutive au Sud : refonder le droit de la famille au Sénégal et au Maroc." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40019/document.

CENTINARO, VALERIA. "PROSPETTIVE DI MODERNIZZAZIONE DEL DIRITTO DI FAMIGLIA NELL'ISLAM. IL CASO PAKISTANO." Doctoral thesis, Università Cattolica del Sacro Cuore, 2011. http://hdl.handle.net/10280/1083.

Zia, Ullah Muhammad. "Honour Killings In Pakistan: Under Theoretical, Legal and Religious Perspectives." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22840.

Daoudi, Zaynab. "La polygamie et la répudiation en droit marocain et dans les relations Franco-marocaines." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20024.

Daly, Marwa El. "Challenges and potentials of channeling local philanthropy towards development and aocial justice and the role of waqf (Islamic and Arab-civic endowments) in building community foundations." Doctoral thesis, Humboldt-Universität zu Berlin, Philosophische Fakultät III, 2012. http://dx.doi.org/10.18452/16511.

Mazouz, Asmaa. "La réception du Code marocain de la famille de 2004 par le droit international privé français : le mariage et ses effets." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA028/document.

Sheik, Allie. "Muslim principles on family planning." Thesis, 2014. http://hdl.handle.net/10210/12846.

Muslimin, Joko Mirwan [Verfasser]. "Islamic law and social change : a comparative study of the institutionalization and codification of Islamic family law in the nation-states Egypt and Indonesia (1950 - 1995) / vorgelegt von Joko Mirwan Muslimin." 2005. http://d-nb.info/975583026/34.

Hamplová, Kateřina. "Aspekty práva šaría ve Velké Británii." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-353710.

Binti, Mohammad Shazalyna. "The Paradox of Women's Rights: Malaysia's Struggle Towards Legal And Religious Pluralism." Thesis, 2012. http://hdl.handle.net/1807/33340.

Zeynodini, Fateme. "The legal regime governing the economic situation of married women in Iran : a dialogical view from Quebec." Thèse, 2020. http://hdl.handle.net/1866/23508.

Koné, Ousmane. "La controverse autour du code des personnes et de la famille au Mali : enjeux et stratégies des acteurs." Thèse, 2015. http://hdl.handle.net/1866/13576.

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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

Popular Papers/Topics

A comparative analysis of the means of proving adultery under islamic law and selected national penal laws, the doctrine of the rule of law under islamic law and its juristic approach in the muslim state, the executive under islamic constitutional system and nigeria 1999 constitution: a comparison., provocation as a defence to the crime of murder under common and islamic law.

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