Books by Yannis Mahil

Al Bouraq (Paris) - (ISBN-13 : 979-1022513814), 2024
This book, "Ijtihād Collectif: L’évolution du droit musulman" (Albouraq, 2024) by Yannis Mahil, e... more This book, "Ijtihād Collectif: L’évolution du droit musulman" (Albouraq, 2024) by Yannis Mahil, examines the rise of collective ijtihād as a key hermeneutical tool in the renewal of Islamic law. Moving beyond the classical model of individual reasoning, Mahil shows how councils of scholars, institutions, and transnational bodies have institutionalized collective approaches to address modern challenges. The book situates collective ijtihād within broader debates on consensus (ijmāʿ), the fiqh of minorities, and landmark issues such as the abolition of slavery, illustrating how interpretive frameworks adapt to historical and social change. Prefaced by Dr. Bernard K. Freamon (New York University), this study provides scholars and students of Islamic legal studies, comparative law, and contemporary reform debates with both a historical genealogy and a forward-looking analysis of collective juridical reasoning.
Papers by Yannis Mahil

Journal of Islamic Law (Harvard Law School), Jul 1, 2025
This essay analyzes the contemporary evolution of Islamic criminal law, focusing primarily on the... more This essay analyzes the contemporary evolution of Islamic criminal law, focusing primarily on the case of Morocco. It investigates the hermeneutical strategies employed by Islamic scholars and modern Muslim states to avoid the implementation of certain punishments drawn from ḥudūd, qiṣāṣ, and and taʿzīr. The essay highlights, for instance, the role of “contextual and eclectic ijtihād” in adapting Islamic criminal law to modern contexts, and emphasizes the shift from ḥudūd to taʿzīr punishments across many Muslim countries. By focusing on the evolution of criminal law in Morocco and its connection to Islamic law, the essay explores the influence of Western legal systems and internal reform efforts, showing how traditional Islamic terminology and penalties have been mainly secularized while keeping the “Islamic” offenses. It sheds light on the dynamic interplay between tradition and modernity. The essay also addresses ongoing debates surrounding the death penalty in Morocco and its link to Islamic criminal law, particularly in light of the Kingdom’s recent vote in favor of a universal moratorium at the United Nations. Through this case study, the essay also highlights the role of modern Muslim states in balancing Islamic legal heritage with contemporary human rights standards, as well as the strategies used to “Islamize” the secularization of Islamic criminal law.
Mabādīʾ al-Taʿāyush wa al-Tasāmuḥ fī-l-Islām » [Principles of Tolerance and Coexistence in Islam]
HAL (Le Centre pour la Communication Scientifique Directe), 2020
Environnement, Spiritualité et Société, Apr 1, 2019
Le Pacte d’Umar (al-ʿUhda al-ʿUmariyya) : Un traité de tolérance religieuse
HAL (Le Centre pour la Communication Scientifique Directe), Apr 1, 2018
Book Chapters by Yannis Mahil
Les représentations de l’Autre : identités et altérité (Dir. S. D. Niane), 2017
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Books by Yannis Mahil
Papers by Yannis Mahil
Book Chapters by Yannis Mahil