Petitioner Muneer Awad sued defendant members of the Oklahoma Election Board seeking to prevent certification of election results of a proposed state constitutional amendment that would have prevented Oklahoma state courts from considering or using "Sharia Law." The Petitioner claimed this state constitutional amendment would have violated his federal constitutional First Amendment rights and sought … Continue reading Islamic Law in U.S. Courts: Awad v. Ziriax (10th Cir. 2012): Anti-Sharīʿa Amendment to State Constitution
Excerpted from The Journal Sentinel. Read the entire article. State Rep. Thomas Weatherston (R-Caledonia) is spearheading an effort to pass a so-called "American Laws for American Courts" bill, which would bar Wisconsin judges from applying foreign laws — including those based on Islamic law — if doing so would violate fundamental human rights protected by the U.S. and Wisconsin … Continue reading Asifa Quraishi-Landes on the “American Laws for American Courts” bill
In the wake of anti-sharīʿa marches across the United States, Senior Scholar Asifa Quraishi-Landes clarifies in the Religion News Service the history of state and religious law in Islamic legal history. Read the entire article. "To make things even more complicated for American observers, fiqh doesn’t neatly fit into Western categories of law and morality. … Continue reading “How anti-Shariah marches mistake Muslim concepts of state and religious law”: Asifa Quraishi-Landes in the Religion News Service
SHARIAsource editor Will Smiley questions the strength of the arguments behind proposed "anti-sharīʿa" legislation in Montana, including claims of Islamic law undermining American law. Americans continue to debate, as they have since at least 2010, whether states should ban their courts from considering Islamic law, or “foreign” law more generally, in their decisions. Montana’s pending SB 97, … Continue reading What Does It Mean for U.S. Court Decisions to be “Based On” Islamic Law?
SHARIAsource editor Will Smiley shares in the Washington Post his expertise on the motives of new anti-sharia legislation in some states. Citation: Marcelo, Philip. "On Muslims’ agenda: Fight anti-Sharia proposals in US states." Washington Post, March 27, 2017, https://www.washingtonpost.com/national/religion/on-muslims-agenda-fight-us-proposals-to-ban-sharia-law/2017/03/27/430e4378-12fc-11e7-bb16-269934184168_story.html?utm_term=.42a6665938f4. “Sharia should be very concerning to all of us,” said state Rep. Heidi Sampson, a Maine Republican who has proposed … Continue reading Excerpt :: On Muslims’ agenda: Fight anti-Sharia proposals in US states
We use real cases to show how U.S. Courts consider Islamic law. Like any other legal framework, Islamic law defines and dignifies the institutions people hold dear, including marriage and finance. What do American judges do when adjudicating a case in which at least one party primarily understands these institutions and their protections through Islamic … Continue reading Islamic Law in US Courts: Aleem v. Aleem, 947 A.2d 489 (Md. Ct. App. 2008)
Recently in Texas, a state legislator, Representative Kyle Biedermann, sent out what he called a poll to mosques across the state. A copy of the loyalty test-style letter and reform-of-Islam manifesto, called a "poll", is reproduced here. The "poll" was in fact a 7-page series of documents that drew on false notions of select questions of … Continue reading TRENDING: When is a Texas “poll” about sharīʿa not really a poll and not really about sharīʿa?
Guest poster Saeed A. Khan writes about how "anti-Sharia" bills are often used as tools to push through other legislation. This piece was first published in the Detroit Free Press on July 20th under the title, "Stop Attempts to Build Bigotry into the Law." It has been re-posted here with the author and the Free Press's permission. … Continue reading LEGISLATION COMMENT: When State Legislative Bans on Islamic Law Contravene Federal Constitutional Law
US Editor Abed Awad summarizes the inaccuracy of Newt Gingrich's proposal. Newt Gingrich told Fox News in an interview last Thursday that “Western civilization is in a war. We should frankly test every person here who is of a Muslim background and if they believe in shari’a they should be deported.” Gingrich continued, “Shari’a is incompatible with Western … Continue reading No, Newt: Anti-Sharīʿa Rhetoric Doesn’t Change the Law