NEWS | 17 Oct 2016
Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?

Professor Intisar Rabb and Iran editor Marzieh Tofighi Darian analyze changes made to statutes defining juvenile crimes and punishment under Iran's new Islamic Penal Code, passed in 2013The  Code follows a traditional dichotomy between ḥudūd fixed crimes and qiṣāṣ retaliatory scheme (which are directly incorporated from classical Islamic law interpretations of criminal law into the modern Code) and taʿzīr discretionary (which are acts left to the government to regulate). But the reform has not been balanced to address modern needs and developments in the link between maturity and accountabilityThe authors see the different means of assessing children's maturity as problematic for reform, especially under the hudūd-qiṣāṣ section of the Code. Because crimes in this category are derived from classical Islamic law interpretationsIranian officials find little room to legally redefine them or their associated punishments. Through a side-by-side comparison of the hudūd-qiṣāṣ and ta’zir sections of the Code, the authors suggest areas for which new attempts at reform may focus. Read more.  Image credit: Tofighi Darian/Rabb

NEW LEGISLATION: Iranian Islamic Penal Code of 2013
An example of one of the many contemporary primary sources that will be available when the SHARIAsource portal launches publicly later this year, the new Islamic Penal Code of Iran was adopted in May 2013 and entered into force the same year in the Islamic Consultative Assembly. It consists of four books: General Provisions, Ḥudūd (Crimes), Qiṣāṣ (Penalties), and Diyāt (Monetary Compensation for Homicide and Personal Injury). The reforms outlined in this version were the results of five years of debate both in and outside of parliament, in view of the international community's criticisms of their previous penal code. Read more. (Must have SHARIAsource access) Image credit: Iranian Penal Code
CASES TO WATCH (UPDATE): Can a Judge Determine Acceptable Religious Attire in a Quebec, Canada Courtroom?
Guest contributor Jennifer Selby answered this two weeks ago in her earlier post on the Ranial El-Alloul case in Quebec. There, she concluded that, "for the time being, yes, a Quebecois provincial judge can dictate religious attire in her courtroom. However, we must wait to see how El-Alloul’s case for clarification unfolds to see whether judges will continue to set these parameters or not." In a new development, we get a glimpse into how Quebec Superior Court Justice Wilbrod Décarie's October 3rd ruling may impact future cases. Décarie's ruling had avoided declaring any bright-line rule as to whether religious attire is allowed in the courtroom. Selby's updated post now explores the implications of that ruling. She forecasts that an appeal may result in a "more decisive (and perhaps divisive)" clarification. Read more. Image credit: THE CANADIAN PRESS/Ryan Remiorz
Other News

Workshop on Muslim Endowments in Asia: Waqf, Charity and Circulations (National University of Singapore at the National University of Singapore (19-20 Oct 2016 | Singapore, Singapore). Convened by Southeast Asia editor Nurfadzilah Yahaya and others, this workshop aims to trace processes of connectivity and transformation of the Muslim endowment known as the “waqf” in Asia in both historical and contemporary contexts.This workshop seeks to bring together scholars of waqfs in order to discuss circulations between these different contexts and to work towards a comparative analysis of the waqf across reified regional boundaries.   Register and view abstracts.

American Society of Legal History Annual Meeting (27-30 Oct 2016 | Toronto, Canada). Ottoman editor Will Smiley and Professor Intisar Rabb, SHARIAsource founding editor-in-chief, will present at the ASLH Annual Meeting on the panel "Borderlands of Islamic Law: The Ottoman Empire and its Neighbors." Also at ASLH, Egyptian law and society historian Khaled Fahmy will present his paper "Global Forensics: Medico-Legal History in Asia and Africa" on a panel chaired by Mitra Sharafi. See preliminary program.

Middle East Studies Association Annual Meeting (17-20 Nov 2016 | Boston, MA). MESA’s annual meeting will host a range of panels on Islamic law, including  "Policing and Punishment in the Making of the Modern Middle East," "Is Saudi Foreign Policy 'Islamic'?," "Islamic Religious Authority between the Arab World and Europe: Multi-tasked and Multi-tasking Imams" (Denmark contributor Niels Valdemar Vinding will be presenting), "International Law, Sovereignty and Subjecthood in the Late Ottoman Empire" (Ottoman editor Will Smiley will be a discussant), "Legal Contests & Disputes, Part I," "Law as Social History in the Late Ottoman Era," "Legal Contests & Disputes, Part 2."  See full preliminary program.

"Qur’anists in al-Andalus?" (5 Apr 2017 4 pm | Princeton, NJ). Incoming ILSP/SHARIAsource and CMES senior fellow Maribel Fierro will be speaking as part of the Institute for Advanced Study's Near/Middle Eastern and Islamic Studies Lecture Series 2016/2017. She explores the production of religious and political authority sharing her study of how prophets accepted by Islam are represented. See full details. 

Digitizing Early Arabic Printed Books (21 Oct 2016 | Providence, RI)  The Digital Islamic Humanities Project at Brown University will be holding its annual scholarly gathering on print culture in the early modern and modern Middle East. Led by Professor Elias Muhanna and hosted in partnership with Gale Publishers, this event will feature a lecture by  Dr. Kathryn Schwartz  of Harvard University. See full details.

Workshop on Arabic Periodicals (12 Nov 2016 | Durham, NC). Professor Adam Mestyan of Duke University is organizing a small workshop on early Arabic periodicals. See full details.

2017 Annual Meeting of the Association for the Study of Law, Culture & the Humanities at Stanford University (21 Mar-01 Apr 2017 | Palo Alto, CA) . The Association for the Study of Law, Culture, and the Humanities is now accepting panel and paper proposals for their twentieth annual meeting. Proposals that include complete panels or focus on pedagogy, methodology, author-meets-readers sessions, or performance (theatrical, cinematic, musical, and poetic) are strongly encouraged. Abstracts of 250 words or less are due on  28 Oct Read more .

The Hurst Summer Institute in Legal History (4-17 Jun 2017 | Madison, WI).  The American Society for Legal History and the Institute for Legal Studies at the University of Wisconsin Law School are now accepting applications for their ninth biennial Hurst Summer Institute in Legal History. Applications are due on  1 Dec Read more. 

“Law as Religion, Religion as Law” (5-7 Jun 2017 | Jerusalem). The Hebrew University of Jerusalem has issued a call for papers to bring together scholars from multiple disciplines (including law, religious studies, philosophy, history, political science and other relevant fields). Abstracts are due on 26 Oct.  Call for papers.

UCLA Journal of Islamic and Near Eastern Law. JINEL is seeking papers for its 2016 volume. Published once a year, JINEL is the first publication of a Western law school to cover Islamic and Near Eastern law. It covers all legal issues, and seeks articles that critically analyze social, political, civil, historical, economic, and commercial topics.  Read more.

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