This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Yemen (Al Jumhuriyah al Yamaniyah), based on research produced by the Library of Congress. Under Yemen's Constitution, Islamic law (sharīʿa or fiqh) is the primary source of legislation. Country Background Yemen is a country located in the Middle East, bordering the Red Sea, Gulf … Continue reading Country Profile: Yemen
The Immanent Frame:: Book Review: Law, Authority, and Tradition
By Omar Farahat Rumee Ahmed’s Sharia Compliant: A User’s Guide to Hacking Islamic Law is a unique book in that it tackles some of the most difficult questions in the clearest and most accessible language. In doing so, it pushes us out of the comfort of our specialized research and jargon, and forces us to … Continue reading The Immanent Frame:: Book Review: Law, Authority, and Tradition
Islamic Law in U.S. Courts: Vega v. Lantz (D. Conn. 2012): Religious Accommodations for Prisoners
Plaintiff Joe Burgos Vega, a practicing Muslim prisoner at the Connecticut Department of Corrections (“DOC”), brought this action against the Respondents, officials at the DOC, claiming that Respondents’ 1) denial of the Plaintiff’s request to be circumcised; 2) denial of access to suitable Islamic prayer oils; and 3) frequently canceled Friday congregational prayer constituted a … Continue reading Islamic Law in U.S. Courts: Vega v. Lantz (D. Conn. 2012): Religious Accommodations for Prisoners
Syllabus: Islamic Law
The Islamic Law Teaching Project houses collections of syllabi and other teaching material for Islamic law courses taught primarily in law schools of the US and UK. This syllabus is from Professor Clark Lombardi at the University of Washington, School of Law. This course provides an introduction both to classical Islamic law and to a range … Continue reading Syllabus: Islamic Law
Analysis: The Case of the Christian Who Wanted to be Executed
By Dr. Maribel Fierro (Consejo Superior de Investigaciones Científicas—Spanish National Research Council) This anecdote offers insight into the historical role of judges during a period of religious dissent in the Umayyad Caliphate, while the author's narrative voice demonstrates past judicial approaches to rationality, humor, and violent penalization. Aslam b. ʿAbd al-ʿAzīz (d. 319/931), the judge … Continue reading Analysis: The Case of the Christian Who Wanted to be Executed
Historical Primary Sources: The Case of the Christian Who Wanted to be Executed
Cases of religious dissent in courts in the Andalusian Umayyad Caliphate provide insight into how one Islamic judicial system established procedures protecting non-Muslim constituents without undermining the sovereignty of the Islamic government. See tomorrow's blog post for historical context and case analysis. Ibn Ḥārith al-Khushanī recorded the following case as a ḥikāya, an anonymous … Continue reading Historical Primary Sources: The Case of the Christian Who Wanted to be Executed
Country Profile: Pakistan
This Country Profile provides a basic overview of the legal history and institutional structures of the Islamic Republic of Pakistan (Jamhuryat Islami Pakistan), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Pakistan’s Constitution, Islamic law (sharīʿa or fiqh) is a principal source for legislation. Country Background Pakistan is located in South Asia bordering the Arabian … Continue reading Country Profile: Pakistan
Islamic Law in U.S. Courts: Rikabi v. Nicholson (5th Cir. 2008): Employment Discrimination Settlement
The plaintiff, a Muslim occupational health physician, sued his former employer, the Department of Veteran Affairs and its Secretary, Jim Nicholson, under Title VII, alleging religious discrimination and retaliation for filing a discrimination claim with the Equal Employment Opportunity Commission (EEOC). He filed the claim after he heard his supervisor refer to Muslims as a … Continue reading Islamic Law in U.S. Courts: Rikabi v. Nicholson (5th Cir. 2008): Employment Discrimination Settlement
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: Islam v. Islam (N. Mar. I. Sup. Ct. 2009): State Recognition of Islamic Marriages and Divorces
At issue in this case is the validity of a marriage performed in the Islamic tradition, where the husband sought an annulment of an initial “traditional” marriage and recognition of a subsequent civil marriage. The law of the Philippines does not require a couple to obtain a marriage certificate if their marriage is performed according … Continue reading Islamic Law in U.S. Courts: Islam v. Islam (N. Mar. I. Sup. Ct. 2009): State Recognition of Islamic Marriages and Divorces