Weekend Scholarship Roundup

Eva Brems offers an analysis of the case law of the European Court of Human Rights at the intersection of women’s rights and religious freedom in "Hidden Under Headscarves? Women and Religion in the Case Law of the European Court of Human Rights," Islamic Law & Law of the Muslim World eJournal.  Moving beyond an … Continue reading Weekend Scholarship Roundup

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

Case Commentary: Recognition of Islamic Marriage in the UK

A UK family court considered whether and how UK law recognizes a marriage conducted according to Islamic law that had not been accompanied by a civil law marriage. The husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. The two had signed an Islamic marriage contract (nikāḥ) accompanied … Continue reading Case Commentary: Recognition of Islamic Marriage in the UK

Iraqi Constitution: Supreme Court refrains from ruling on Islamic Law application

By Marta Wojtowicz Description: The Iraqi Federal Supreme Court ruled on the unconstitutionality of the Revolutionary Leadership Council’s decision no. 120 (1994) in a decision from March 8, 2017. [1] The case concerned extending the duration of imprisonment of a public official sentenced for public money embezzlement. In addition to constitutional guarantees, the plaintiff evoked … Continue reading Iraqi Constitution: Supreme Court refrains from ruling on Islamic Law application

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

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

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

Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Pakistan)

By Zainab Samantash Introduction/Summary: This Ordinance was introduced and was part of the then President, General Zia-ul-Haqś Islamization campaign, which aimed to bring the law into conformity with Islamic injunctions. It was drafted by the Council of Islamic Ideology[1] in consultation with Dr. Ma’ruf al-Dawalibi[2]. The law was prepared in Arabic and later translated into … Continue reading Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Pakistan)