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
Two recent journal articles explore how Islamic law is being defined, debated, and applied in Europe – both by Muslims and by courts. Maurits S. Berger’s “Understanding Sharia in the West” in the Journal of Law, Religion and State discusses three different "representations" of sharīʿa: “as scholarship, as a set of rules inserted into the modern … Continue reading Recent Scholarship: European Muslims and Islamic Law
On Mar 28, Professor Mohammad Fadel of the University of Toronto gave a lecture on "Nushuz, Lawful Discipline and Spouse Abuse in the Maliki Madhab: A History and Its Relevance to Modern Islamic Law Reform." He discussed examples of Muslim judges from Mamlūk and Andalusian courts seeking out cases of spousal abuse rather than waiting for those cases to … Continue reading Lecture Series: Spousal Abuse and Islamic Law Reform
The Atlantic Council think tank recently published a report called The Islamic Tradition and the Human Rights Discourse—"a collection of thought provoking articles that aim to elevate the conversation on Islam and human rights beyond the confines of 'compatibility.'" One of the articles was written by SHARIAsource Senior Scholar Mohammad Fadel: "Life, Liberty, and the … Continue reading Recent Scholarship: Fadel on Human Rights
Two weeks ago, the UN Human Rights Committee (which oversees compliance with the 1966 International Covenant on Civil and Political Rights) declared that France’s ban on full-face veils violates freedom of religion. According to the 2010 French law, “No one may, in a public space, wear any article of clothing intended to conceal the face.” … Continue reading In the News: Islamic Veils in France
Last week, SHARIAsource Senior Scholar Mohammad Fadel was a panelist at an Atlantic Center event on “Rethinking Human Rights and Islam.” In addition, SHARIAsource Egypt and Malaysia Editor Tamir Moustafa has written a new book—Constituting Religion: Islam, Liberal Rights, and the Malaysian State—which can be downloaded here from Cambridge University Press.
By Zaynab El Bernoussi Last year, the Tangiers First Instance Family Court allowed for DNA tests to be admitted into evidence in family law cases. The plaintiff was a mother who wanted to prove the paternity (bunuwwa) and lineage (nasab) of her daughter born out of wedlock. The case illustrates how, as medical science advances, … Continue reading Commentary :: DNA Tests in Morocco: Marking a Historic Turn in Islamic Law
SHARIAsource South Asia editor Jeff Redding has written a paper on Muslim discussions on gender, law, and society discussing the rights of transgender people living in Pakistan, which constitutionally incorporates Islamic law into its state law system. The paper is due to appear as a book chapter in an edited volume called Human Rights in Translation: Intercultural … Continue reading Recent Scholarship: Redding on Transgender Rights in Pakistan
An Arab Muslim professor sued his former employer, Saint Francis College, under Title VII, §1981, §1983, §1985(3), §1986, and the Pennsylvania Human Rights Act, alleging that the College denied him tenure because he was an Arab Muslim. At the trial level, the U.S. District Court for the Western District of Pennsylvania granted the College’s motion … Continue reading Islamic Law in U.S. Courts: Al-Khazraji v. Saint Francis College (3d Cir. 1986): Denial of Tenure on Basis of Racial Discrimination
This English-language summary issued by the Acehnese government (Indonesia) explains the all-encompassing role of sharīʿa in Aceh. It clarifies that sharīʿa does not apply to non-Muslims, and that its implementation in no way repudiates human rights standards, including freedom of religion. Read the document.