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

Scholarship in “Plain English”: Noah Feldman on Islamic Constitutionalism in Context: A Typology and a Warning

By Cem Tecimer Source: Noah Feldman, Islamic Constitutionalism in Context: A Typology and a Warning 7 U. St. Thomas L. J. 436-451 (2010) Summary: Feldman begins his article by explaining what has prompted him to write the article in the first place: a symposium, in which he participated, entitled “Islamic Law and Constitutional Liberty.” Closely … Continue reading Scholarship in “Plain English”: Noah Feldman on Islamic Constitutionalism in Context: A Typology and a Warning

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