The California Court of Appeal In re the Marriage of Turfe

By Iman Abdulkadir Mohamed The California Court of Appeal In re the Marriage of Turfe,[1] examined a novel legal theory made by a Muslim husband that claimed that he was induced to marry his wife because, by executing the Islamic marriage contract, the wife had agreed that her property rights in the event of divorce … Continue reading The California Court of Appeal In re the Marriage of Turfe

European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law [Molla Sali v. Greece (ECHR 2018)]

In December 2018, the European Court of Human Rights (ECHR) considered the question whether Muslim citizens who lived in the Greek province of Thrace could be required to submit to the jurisdiction of Islamic law, as detailed by local experts called muftīs. In Greek law, Islamic law usually governed matters of family law—such as marriage, … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law [Molla Sali v. Greece (ECHR 2018)]

Case Brief: UK Family Law Court Deems Unregistered Islamic Law Marriage Void but Conferring Protections on Wife and Children upon Divorce (Akhter v. Khan, 2018)

Case Facts. According to the Court judgment, “The petitioner, Nasreen Akhter, issued a petition for divorce from the respondent Mohammed Shabaz Khan on 4 November 2016. The husband defended the divorce on the basis that the parties had not entered a marriage valid according to English law.” In other words, the husband was contesting the very … Continue reading Case Brief: UK Family Law Court Deems Unregistered Islamic Law Marriage Void but Conferring Protections on Wife and Children upon Divorce (Akhter v. Khan, 2018)

Supreme Court’s Trump v. Hawaii

By Gamal Gasim, PhD (Grand Valley State University) After only one week in the White House oval office, President Trump signed Executive Order 13769 (EO-1) ordering a temporary ban on entries to the United States by citizens of seven Muslim-majority countries. The original list included Yemen, Iraq, Sudan, Syria, Libya, Iran, and Somalia. The EO-1 … Continue reading Supreme Court’s Trump v. Hawaii

Kadijustiz: Case Summaries

By Katherine Gonzalez Title Terminiello v. Chicago, 337 U.S. 1 __ (1949): Religiously Inflammatory Speech Case [Summary Data] (Upper Fields) [Document Type = Contemporary Primary Source] [Date = 1949] [Reference Type = Case] Holding Holding: A “breach of the peace” ordinance unconstitutionally infringed upon the First Amendment right to freedom of speech. Free speech can … Continue reading Kadijustiz: Case Summaries

Case Note: Sarsour v. Trump (E.D. Va. 2017): Upholding the “Muslim Ban” 2.0

Contributed by Katherine Gonzalez. On March 6, 2017, President Donald J. Trump issued a revised Executive Order which barred, with certain exceptions, entry to the United States of nationals from six predominantly Muslim countries, suspended the entry of refugees for 120 days, and reduced the number of refugees who can be admitted to the United … Continue reading Case Note: Sarsour v. Trump (E.D. Va. 2017): Upholding the “Muslim Ban” 2.0

Hawai’i v. Trump (D. Haw. 2017): Defeat of the “Muslim Ban” 2.0

By Katherine Gonzalez On March 6, 2017, President Donald J. Trump, issued a revised Executive Order which barred, with certain exceptions, entry to the United States of nationals from six predominantly Muslim countries, suspended the entry of refugees for 120 days, and reduced the number of refugees who can be admitted to the United States … Continue reading Hawai’i v. Trump (D. Haw. 2017): Defeat of the “Muslim Ban” 2.0

Int’l Refugee Assistance Project v. Trump (D. Md. 2017): Muslim Ban 2.0 Case

By Katherine Gonzalez On March 6, 2017, President Donald J. Trump, issued a second Executive Order which barred, with certain exceptions, entry to the United States of nationals from predominantly Muslim countries. This order barred nationals from six Muslim-majority countries (the original seven except for Iraq), suspended the entry of refugees for 120 days, and … Continue reading Int’l Refugee Assistance Project v. Trump (D. Md. 2017): Muslim Ban 2.0 Case

Moosa NO and Others v. Harnaker and Others (Western Cape High Court of South Africa): Wills Act Incompatible with South Africa Constitution Due to Discrimination Against Muslim Marriages

Contributor Katherine Gonzalez summarizes the recent decision of the Western Cape High Court in Cape Town, South Africa regarding the term "surviving spouse" and how it applies to Muslim marriages.   The Western Cape High Court in Cape Town declared the 1953 Wills Act inconsistent with the South Africa Constitution, because the statute’s provisions were … Continue reading Moosa NO and Others v. Harnaker and Others (Western Cape High Court of South Africa): Wills Act Incompatible with South Africa Constitution Due to Discrimination Against Muslim Marriages

Islamic Law in US Courts: A Discussion of Cases in Failinger’s Article

By Clare Duncan Below is a collection of the cases mentioned in Marie A. Failinger, Islam in the Mind of American Courts: 1800 to 1960, 32 B.C.J.L. & Soc. Just. (2012). Title In re Wing, 157 N.Y.S.2d 333 (City Ct. 1956): Changing Names After Conversion to Islam [Summary Data] (Upper Fields) [Document Type = Contemporary … Continue reading Islamic Law in US Courts: A Discussion of Cases in Failinger’s Article