The Danial Latifi Case: Shah Bano Redux

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

Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

By Cem Tecimer In 1926, the young Turkish Republic abandoned its codified Islamic personal status law and replaced it with the secular Swiss Civil Code.[1] The new republican government, replacing its Ottoman predecessor, also adopted the Swiss Code of Obligations laying out the law of contracts.[2] Both of these legal transplants were part of a … Continue reading Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

The Massachusetts Court of Appeals in Ravasizadeh v. Niakosari

By Iman Abdulkadir Mohamed The Massachusetts Court of Appeals in Ravasizadeh v. Niakosari,[1] a case of first impression, held that a Muslim marriage contract is enforceable under neutral principles of contract law without violating the Constitution's separation of Church and States. In Ravasizadeh, the parties married on June 20, 2000 in New York. According to … Continue reading The Massachusetts Court of Appeals in Ravasizadeh v. Niakosari

Contemporary Primary Sources: Supreme Court of New South Wales: Mohamed v Mohamed [2012] NSWSC 852

The first defendant (Neima Mohamed, herein Neima), as the plaintiff in the court of first instance, had submitted that: On 4 April 2004, she and the plaintiff (Mostafa Mohamed, herein Mostafa) were married; On 28 February 2005, the parties had executed a pre-nuptial financial agreement that would regulate their financial affairs during and after their … Continue reading Contemporary Primary Sources: Supreme Court of New South Wales: Mohamed v Mohamed [2012] NSWSC 852

Islamic Law in U.S. Courts: In re: The Marriage of Awatef and Nabil Dajani (Cal. Ct. App. 1988): Divorce Proceeding

In a divorce proceeding involving a prenuptial agreement (Islamic marriage contract) between a Muslim husband and wife, the California Court of Appeals considered the validity of a provision requiring the husband to pay 3,000 Jordanian dinars as well as 2,000 dinars of either cash or household furniture as a “deferred dowry” (known as mahr or … Continue reading Islamic Law in U.S. Courts: In re: The Marriage of Awatef and Nabil Dajani (Cal. Ct. App. 1988): Divorce Proceeding

The Irony of Sharī’a Bans: Part III

By Haider Ala Hamoudi In my two previous posts on the matter of mahr in U.S. courts, I made the point that the enforceability of the mahr, or the nuptial payment that a groom or his family must pay to the bride as part of the marriage contract, depends on the extent to which the … Continue reading The Irony of Sharī’a Bans: Part III

The Irony of Sharī’a Bans: Part II

By Haider Ala Hamoudi My previous post explained the problems surrounding the enforceability in U.S. courts of the Islamic mahr—the nuptial payment that a groom or his family must provide to a bride to conclude the marriage. This post addresses the manner in which U.S. courts analyze the mahr in light of these problems. It … Continue reading The Irony of Sharī’a Bans: Part II

The Irony of Sharī’a Bans: Part I

By Haider Ala Hamoudi The most common criticism of legislative attempts to ban the “creeping” of sharī'a into United States Courts is that they serve no actual purpose.  That is, courts do not decide cases on the basis of sharī'a, and therefore banning it does not serve any legitimate purpose, nor could it have any … Continue reading The Irony of Sharī’a Bans: Part I