Case: Translation of the Court Record The woman called Radiya bt. Abd Allah, of Georgian origin and medium stature, appeared in the courthouse. She is known as the former slave of her recently deceased master, Küçük Hasan Beşe. She initiated a claim against [fakhr aqranihi – pride of equals] al-Hajj Sinan Beşe ibn Hasan, the … Continue reading Commentary :: Raziya bt. Abdallah v. Hafiza bt. Receb: A Former Concubine Wins her Manumission in Court
Islamic Law in the News Roundup
ISLAMIC LAW IN THE NEWS Following the ruling by the Karnataka (India) High Court that hijāb is not an "essential" part of Islam, advocates have started preparing to take the case to the Supreme Court of India. Islamic scholars have taken issue with the Karnataka High Court's recent ruling on hijāb not being an "essential" … Continue reading Islamic Law in the News Roundup
Weekend Scholarship Roundup
SCHOLARSHIP ROUNDUP On Islamic Law: In "Discrimination Between Muslim Prisoners' Kufis and Jewish Prisoners' Yarmulkes Is Unconstitutional" (The Volokh Conspiracy, February 28, 2022), Eugene Volokh (UCLA Law) refers to the recent case of Moore v. Washington, which held that it was unconstitutional that "[t]he policy at issue made a facially discriminatory distinction between Jewish men, … Continue reading Weekend Scholarship Roundup
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