Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS "Emilia Justyna Powell, a Notre Dame professor of political science and concurrent professor at The Law School, has won two International Studies Association (ISA) awards for her 2020 book, Islamic Law and International Law: Peaceful Resolution of Disputes." "The Supreme Court [of India ...] continued hearing the batch of petitions challenging the Karnataka High … Continue reading Islamic Law in the News Roundup

Commentary :: Raziya bt. Abdallah v. Hafiza bt. Receb: A Former Concubine Wins her Manumission in Court

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

Islamic Law in the News 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

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

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

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