Pakistan Federal Shariat Court's Collective Ijtihād on Gender Equality,Women's Rights and the Right to Family Life

This article argues on the basis of recent case law that the judges of the Pakistan Federal Shariat Court (FSC) have asserted their right to ijtihād and have indeed engaged in collective ijtihād. While in some areas, such as freedom of religion, Islamic law has been interpreted rigidly in a non-human-rights-friendly fashion in Pakistan, in some other areas, the flexibility and pluralism of Islamic law has been used to improve gender equality, women's rights and the right to family life. By using its constitutional powers, with its collective ijtihād, the FSC has been tackling the traditionally illiberal interpretation and application of Muslim laws in these areas. Regardless of the methodology and process of this ijtihādic endeavor, the output shows that the FSC has been either modifying the traditional ijtihāds or coming up with totally new ijtihāds to answer contemporary questions faced by Islamic law. The findings of the article once again challenge the views of scholars such as Schacht, Coulson and Chehata, who have argued that, by the fourth/tenth century, the essentials of Islamic legal doctrine were already fully formulated and that the doctrine remained fixed.     

French MEPs and religion: Europeanising ‘laïcité’?

What French members of the European Parliament (MEPs) believe and what they do as a result of these beliefs can be understood in comparison with what we know about MEPs from other member-states on the one hand, and about French national members of Parliament (MPs) and citizens on the other hand. French MEPs do not diverge much from MEPs of other nationalities in the way they deal with religion at the policy level. Significant French specificities remain regarding religion as a cultural and memory reference. The heritage of ‘laïcité’ leads to an emphasis on the separation between religion and politics and may be reactivated as a symbolic material to reassert French national identity in confrontation with other political traditions. Religious issues do not make for consensus and are still used as markers of ideological and party boundaries, between right and left and within each side, as they are a relatively costless resource to build a distinctive political profile. Beyond these distinctions, a ‘French way’ of handling religion is commonly acknowledged and ‘laïcité’ works as an encompassing and resilient framework. The European Parliament (EP) may offer a structure of opportunities and constraints to reformulate slightly the national narrative about religion, but it does not alter the beliefs and practices of French MEPs, who appear largely similar to French MPs and citizens to the extent that they are largely secularised and consider religion as a secondary purpose submitted to political rules and individual choice.     

Global surrogacy: exploitation to empowerment

Commercial surrogacy has gone global in the last decade, and India has become the international centre for reproductive tourism, boasting numerous high-quality and low-fee clinics. The growth of the surrogacy industry in India raises serious concerns of global gender justice, in particular whether the option is inordinately enticing for women who lack other remunerable options and whether the conditions are adequate and the compensation fair. In this paper I argue that the moral harm of global commercial surrogacy lies in the exploitative nature of transactions involving unequally vulnerable parties. More specifically, I argue that the practice exploits Indian surrogates on the basis of an inter-contractual failure of both justice and consent. I go on to consider an important objection to my use of exploitation as the relevant conceptual tool of analysis. The ethnographic challenge holds that the exploitation lens Occidentalizes surrogacy by conceptualizing the practice in universalizing terms, thereby eclipsing the particularities of the global surrogate's lived experience. I respond by showing that in fact the exploitation and the ethnographic models are not so at odds as they might seem. Provided we are careful in our use of the former to nuance our analysis by appeal to narrative evidence supplied by the latter, we are thereby best situated to identify and address the moral difficulties generated by commercial surrogacy under conditions of global injustice.