By Nurfadzilah Yahaya Two phenomena struck me as particularly incongruous while researching for my book Fluid Jurisdictions: Colonial Law and Arabs in Southeast and plagued me throughout the process of writing it. The first was “illegal occupations” (‘onwettige occupaties’) which referred to land occupied by populations who were not allowed to own the land according … Continue reading What does Equality Mean in the Colonies?
By Nikhil Goyal This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Source Summary In Danial Latifi & Anr v. Union of India, the Supreme Court of India (the “Court”) considers whether the Muslim Women Protection … Continue reading The Danial Latifi Case: Shah Bano Redux
By Limeng Sun This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Case Summary: The Maryland Court of Appeals, the state’s highest court, in a case of first impression, held that the enforcement of a talāq … Continue reading Talāq, Sex Equality, and Due Process
The Texas Court of Appeals reversed a state district court’s decision to uphold an Islamic marriage contract that awarded the wife a deferred dowry (mahr), an amount agreed upon at the time of marriage and due to the wife from the husband or his estate upon death or divorce, of $50,000. The district court had … Continue reading Islamic Law in U.S. Courts: Ahmed v. Ahmed (Tex. App. 2008): Deferred Dowry Claim
The Ohio Court of Appeals affirmed the trial court’s refusal to enforce an Islamic marriage contract, which called for a postponed dowry (mahr) owed by the husband to the wife upon death or divorce of $25,000. The Court found that the groom was coerced into signing the agreement, and thus it was not valid. The … Continue reading Islamic Law in U.S. Courts: Zawahiri v. Alwattler (Ohio Ct. App. 2008): Legal Standing of Dowry Following Groom’s Death
U.S. editor Abed Awad weighs in on the Kansas Superior Court's discussion of mahr and Kansas's anti-sharīʿa legislation in Soleimani v. Soleimani, 2012 WL 3729939 (Kansas Superior Court, 2012). Soleimani v. Soleimani, 2012 WL 3729939 (Kansas Superior Court, 2012) involved a wife’s request to enforce the mahr contained in her Muslim marriage contract. While the trial level … Continue reading Islamic Law in U.S. Courts: Anti-Sharīʿa Ban in Kansas