محل انتشار: دانشکده حقوق هاروارد، گروه فقه اسلامی
تاریخ اعتبار: 1403/10/23
The Journal of Islamic Law invites papers that explore both theoretical discussions and practical applications concerning the ḥudūd, penalties that Muslim jurists consider to be divinely ordained punishments for a Special Issue on “Moratoriums on Islamic Criminal Punishments: Legal Debates and Current Practices.” With the establishment of modern Islamic states and the incorporation of ḥudūd into their legal systems, these punishments have become a cause célèbre, contributing to heightened anti-Muslim sentiment, Islamophobia, and criticism from international human rights organizations. In response, some contemporary Muslim scholars have called for the suspension of ḥudūd, presenting a range of theological, jurisprudential, and political arguments. These calls, however, face substantial resistance from traditionalists who view ḥudūd as an essential component of sharīʿa. This has resulted in a polarized debate between proponents and opponents of ḥudūd, with each side presenting consequentialist and deontological arguments. The ongoing debate between pro-and anti-ḥudūd jurists not only underscores the conflict between progressive and conservative viewpoints but also challenges the foundational socio-legal and ethical norms within diverse societies. This debate invites further arguments and reflections to uncover subtler dimensions, challenge prevailing assumptions, and contribute to a deeper understanding of the intersection between Islamic law, human rights, international relations, and the global reputation of Muslims.
This special issue calls for work that will delve into both theoretical and practical dimensions of ḥudūd suspension, offering a comprehensive examination of this complex issue. Thematically, we invite papers that explore juristic and theological arguments related to the suspension of ḥudūd punishments, including interpretations of the Qur’ān and ḥadīth, as well as the theoretical and practical challenges that impede the suspension of ḥudūd across various jurisdictions. Papers offering real-world examples of the implementation or suspension of ḥudūd laws in countries such as Pakistan, Saudi Arabia, Sudan, and Malaysia, and other relevant states are particularly welcome. Submissions are also encouraged to address the broader implications of these legal practices, including their impact on social and political dynamics, and their influence on international perceptions of Islamic law. We encourage discussions that incorporate a diverse array of perspectives—legal, political, and sociological—to elucidate the complexities and challenges of navigating ḥudūd laws in today’s global context. By integrating these varied viewpoints, we aim to foster a nuanced understanding of the ongoing debates and practical realities surrounding ḥudūd suspension.
We seek articles of up to 15,000 words. Submissions for this year’s special issue are due by January 13, 2025, and must be submitted through either Scholastica or our online submissions portal. Once accepted, the paper goes through a process of peer review, a final decision on acceptance, editing, and publication. This special issue of the Journal of Islamic Law is edited by Bahman Khodadadi (skhodadadi@law.harvard.edu), research fellow at Harvard Law School’s Program in Islamic Law, and will be published in April 2025. For detailed submission guidelines, please visit our submissions webpage. For further questions, please contact us at pil@law.harvard.edu.