In this article from the Netherlands Quarterly of Human Rights, Eva Brems, Saïla Ouald Chaib, and Katrijn Vanhees discuss the status of the "burkini" (body covering swimwear) under Belgian law and policy. "'Burkini' Bans in Belgian Municipal Swimming Pools: Banning As a Default Option" Following the French commotion on the presence of “burkini” wearers at … Continue reading Recent Scholarship: “Burkinis” in Belgium
SHARIAsource U.S. Editor Abed Awad recently wrote an article for NorthJersey.com in which he discusses the history of Islam in America, and the significance of Ramadan for American Muslims. (The city of Patterson in northern New Jersey has one of the highest populations of Muslims in the country.)
The Plaintiff Akeem Muhammad, an inmate in the Florida penal system, filed suit against the Respondents (prison officials Marvin Davis, Alex Taylor, and R. Graham; the Food Service Administrator of the Fla. Dept. of Corrections; and the Assistant Warden and Warden of Florida State Prison) for their refusal to provide him with a daily pre-fasting … Continue reading Islamic Law in U.S. Courts: Muhammad v. Davis (M.D. Fla. 2013): Religious Accommodations for Prisoners
Plaintiff Peter McDaniels sued various prison officials, alleging that they intentionally failed to provide him with pre-sunrise meals during Ramadan and with an Eid al-Fitr meal at the conclusion of Ramadan, in violation of his First Amendment rights to free exercise of religion. The Plaintiff also contended that the lack of provision of ḥalāl meat … Continue reading Islamic Law in U.S. Courts: McDaniels v. Elfo (W.D. Wash. 2013): Religious Accommodations for Prisoners
Petitioner Kofi Easterling, an inmate at Green Bay Correctional Institution (GBCI), filed suit against the Respondents, various prison officials, alleging that they ignored the Petitioner's instructions as to when Ramadan began. The Petitioner claimed that the Respondents’ Ramadan date violated his religious beliefs under the First Amendment and RLUIPA. In the District Court, the Respondents … Continue reading Islamic Law in U.S. Courts: Easterling v. Pollard (7th Cir. 2013): Prisoner’s Complaint Over Ramadan Start Date
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 U.S. Courts: Conway v. Purves (E.D. Mich. 2013): Calories in Prisoners’ Meals during Ramadan
Bernard Freamon chronicles the legal history behind the recent case regarding religious accommodation of prisoners, Conway v. Purves. Four Muslim prisoners incarcerated in four prisons in the Michigan prison system just settled a federal lawsuit against prison officials. The lawsuit, Conway v. Purves, No. 13-cv-10271 (E.D. Michigan, 2017) alleged that the prisoners were denied sufficient nutrition when … Continue reading Legal History of Religious Accommodation and Muslim Prisoners
Guest contributor Jennifer Selby answered this two weeks ago in her earlier post on the Rania El-Alloul case in Quebec. There, she concluded that, "So, for the time being, yes, a Quebecois provincial judge can dictate religious attire in her courtroom. However, we must wait to see how El-Alloul’s case for clarification unfolds to see whether judges will continue to set these … Continue reading CASES TO WATCH (UPDATE):: Can a Judge Determine Acceptable Religious Attire in a Quebec, Canada Courtroom?
Guest contributor Jennifer Selby uses the recent case of Rania El-Alloul in Quebec, Canada to situate an ongoing debate at the intersection of secularism and religious freedom. Citing her courtroom as a "secular space," Quebec provincial court judge Eliana Marengo dismissed Rania El-Alloul from her courtroom for wearing a hijab. Selby examines the legality of this action by appealing to … Continue reading CASES TO WATCH: Can a Judge Determine Acceptable Religious Attire in a Canadian Courtroom?
UK/Europe/Southeast Asia editor Rachel Mazzarella chronicles the history of the French burkini ban and its potential efficacy. She weighs the policy options of the European Court of Human Rights and how it may attempt to integrate concepts of public safety, religious freedom, and personal beliefs in a country where recent terrorist attacks may be stressing traditional beliefs … Continue reading A Brief History of the French Burkini Ban