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
ISLAMIC LAW IN THE NEWS The hijāb controversy in India, occasioned by a university administration refusing to admit some Muslim students wearing the Islamic veil, has been ongoing, with a court case regarding the matter still pending before Indian courts. The Karnataka government, the Indian state in which the controversy has taken place, has so … Continue reading Islamic Law in the News Roundup
This Thursday, the European Court of Human Rights (ECHR) unanimously held that Greece owed a Greek woman by the name of Molla Sali 51,000 euros ($57,000) in damages plus expenses “for siding with her late husband’s two sisters and for applying ‘Sharia law to a section of its citizens against their wishes.’” This judgment follows a 2018 decision by the same court in Molla … Continue reading Islamic Law in the News Roundup
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
South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India
Guest contributor Jennifer Selby answered this two weeks ago in her earlier post on the Rania El-Alloul case in Quebec. There, she concluded that, "So, for the time being, yes, a Quebecois provincial judge can dictate religious attire in her courtroom. However, we must wait to see how El-Alloul’s case for clarification unfolds to see whether judges will continue to set these … Continue reading CASES TO WATCH (UPDATE):: Can a Judge Determine Acceptable Religious Attire in a Quebec, Canada Courtroom?
Guest contributor Jennifer Selby uses the recent case of Rania El-Alloul in Quebec, Canada to situate an ongoing debate at the intersection of secularism and religious freedom. Citing her courtroom as a "secular space," Quebec provincial court judge Eliana Marengo dismissed Rania El-Alloul from her courtroom for wearing a hijab. Selby examines the legality of this action by appealing to … Continue reading CASES TO WATCH: Can a Judge Determine Acceptable Religious Attire in a Canadian Courtroom?
U.S. editor Abed Awad contextualizes a recent case in which a Muslim inmate filed suit against an American prison for failing to provide a halal meal. On August 17, 2016, the American Civil Liberties Union, on behalf of a Muslim inmate, filed suit against Boone County Sheriff. Gannon Thomas v. Boon County Sheriff, No. 1:16-cv-2189. Gannon Thomas … Continue reading Does a Muslim Inmate Have a First Amendment Right to a Halal Meal?
The Federal Sharia Court (FSC) of Pakistan has used Islamic criminal law (hudud) cases to expand its jurisdiction, in a move that has wide ranging effects for the adjudication of Islamic law in the country. One notable case[1] in which it sought to do so arose in a 2010 challenge to the constitutionality of the … Continue reading CASE COMMENT: Pakistan’s Federal Shariat Court on the Protection of Women Act of 2006: Expansion of Jurisdiction, Expansion of ḥudūd
