Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS According to data from India's Darul Qaza, or Islamic arbitration center, more divorces have been sought through khula, whereby the woman petitions a judge for divorce and surrenders hew dowry, rather than through triple talaq, whereby the husband unilaterally divorces his wife. "Kerala Nadvathul Mujahideen (Markazudawa), [an Islamic organization operating … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS In response to the Supreme Court's overruling of Roe v. Wade, some Muslim American lawyers have argued that restrictive abortion laws infringe on Muslims' religious liberty, as many of the restrictive abortion laws in several states contravene Islam's understanding of abortion and its permissibility in certain contexts.  Relatedly, some Muslims … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS Turkish President Recep Tayyip Erdogan vowed to cut interest rates, arguing that the cut is also in line with Islamic law. In a recent interview, one of the few female judges in Palestine, Kholoud al-Faqeeh, commenting on religious courts and women, stated: "A woman’s whole life cycle is before these … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

SCHOLARSHIP ROUNDUP On Islamic Law: In "Navigating Colonial Law in a 'Sea of Islands'" (Law & Social Inquiry Online (December 3, 2021)), Renisa Mawani (University of British Columbia) reviews Nurfadzilah Yahaya's Fluid Jurisdictions: Colonial Laws and Arabs in Southeast Asia (Cornell University Press, 2020). In "Rumi without Islam: the cultural appropriation of Rumi" (Bayt Al … Continue reading Weekend Scholarship Roundup

Islamic Law in the News Roundup

Following the beheading of Samuel Paty, a French teacher of civics, for showing caricatures of the Prophet in class during a discussion on French secularism or laicité, French teachers reported finding conversations around the issue to be increasingly difficult and volatile. Japanese Muslims expressed their frustration with the difficulty to find burial facilities and locations … Continue reading Islamic Law in the News Roundup

In the News: Prison Chaplains

Last month, the U.S. Supreme Court allowed Alabama to execute a Muslim inmate who had filed a legal challenge after prison officials told him he could only have a Christian chaplain present in the execution chamber—but not a Muslim imam. Domineque Ray’s lawyers had argued that the prison’s policy violated the Establishment Clause of the … Continue reading In the News: Prison Chaplains

In the News: Ḥalāl Food

A few weeks ago, Germany's Interior Ministry apologized after serving pork at a conference on Islam in Berlin. Most of the attendees at the conference were apparently Muslim, and under Islamic law, pork is not considered permissible (ḥalāl) to eat. Like other aspects of Islamic law, there are some differences among Islamic legal scholars (and … Continue reading In the News: Ḥalāl Food

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

Islamic Law in U.S. Courts: Coleman v. Jabe (W.D.Va. 2012): Religious Accommodation for Grooming in Prison

Plaintiff Jeffrey Coleman filed an action against the Virginia Department of Corrections (VDOC) alleging violations of his constitutional rights under the First Amendment, the Eighth Amendment, the Fourteenth Amendment, and RLUIPA. The Plaintiff claimed that these rights had been violated in over 12 policies, including the policy that limited his purchase of prayer oil to … Continue reading Islamic Law in U.S. Courts: Coleman v. Jabe (W.D.Va. 2012): Religious Accommodation for Grooming in Prison

Islamic Center of Nashville v. State of Tennessee (6th Cir. 2017): Ijāra Financing Cancels Real Estate Tax Exemption for Financed Property

To fund construction for a new building without violating Islamic law's prohibition against interest, the Islamic Center of Nashville (ICN) entered into an ijāra agreement with Devon Bank; the bank created a subsidiary for the purpose of the ijāra agreement. Under the agreement, Devon Bank had legal ownership of the building's title until ICN could fully purchase the building. … Continue reading Islamic Center of Nashville v. State of Tennessee (6th Cir. 2017): Ijāra Financing Cancels Real Estate Tax Exemption for Financed Property