Recent Scholarship: Fadel and Johnson on Constitutionalism

This forthcoming article by SHARIAsource Senior Scholar Mohammad Fadel is due to be published in an upcoming special issue of the International Journal of Constitutional Law. It describes how the development of laws in Egypt through a “deliberative political process” has been negatively impacted by the country’s top court: “The Sounds of Silence: The Supreme … Continue reading Recent Scholarship: Fadel and Johnson on Constitutionalism

Islamic Law in U.S. Courts: Webb v. City of Philadelphia (3d Cir. 2009): Ḥijāb with Police Uniform

A female Muslim police officer, Kimberlie Webb, sued the City of Philadelphia under Title VII and the Pennsylvania Religious Freedom Protection Act, alleging religion- and gender-based discrimination. Specifically, the plaintiff objected to the City barring her from wearing a headscarf (ḥijāb) with her police uniform, and argued that the prohibition amounted to a failure to … Continue reading Islamic Law in U.S. Courts: Webb v. City of Philadelphia (3d Cir. 2009): Ḥijāb with Police Uniform

Islamic Law in U.S. Courts: Coleman v. Jabe (W.D.Va. 2012): Religious Accommodation for Grooming in Prison

Plaintiff Jeffrey Coleman filed an action against the Virginia Department of Corrections (VDOC) alleging violations of his constitutional rights under the First Amendment, the Eighth Amendment, the Fourteenth Amendment, and RLUIPA. The Plaintiff claimed that these rights had been violated in over 12 policies, including the policy that limited his purchase of prayer oil to … Continue reading Islamic Law in U.S. Courts: Coleman v. Jabe (W.D.Va. 2012): Religious Accommodation for Grooming in Prison

Islamic Law in U.S. Courts: Charles v. Verhagen (7th Cir. 2003): Department of Corrections Challenges RLUIPA

The Court affirmed a decision by the U.S. District Court for the Western District of Wisconsin, granting summary judgment in favor of the plaintiff, Jerry Charles, who alleged a violation of his rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to practice his religion. Specifically, the plaintiff requested accommodations that would allow … Continue reading Islamic Law in U.S. Courts: Charles v. Verhagen (7th Cir. 2003): Department of Corrections Challenges RLUIPA

Islamic Law in U.S. Courts: Murray v. Geithner (E.D. Mich. 2011): U.S. Financial Bailout Ruled Nondiscriminatory

Plaintiff Kevin Murray, an American taxpayer, sued Treasury Secretary Timothy Geithner and the Board of Directors of the Federal Reserve, arguing that the Emergency Economic Stabilization Act (EESA), which established the Troubled Asset Relief Program (TARP), violated the Establishment Clause of the First Amendment by allowing funds to be used to support companies that invest … Continue reading Islamic Law in U.S. Courts: Murray v. Geithner (E.D. Mich. 2011): U.S. Financial Bailout Ruled Nondiscriminatory

Islamic Law in U.S. Courts: Shields v. Foston (E.D. Cal. 2013): Conjugal Visits for Prisoners

The plaintiff, Remon Shields, a prisoner serving a life sentence without parole, brought this action against the California Department of Corrections and Rehabilitation, alleging that his religion requires those who want to marry to get married and consummate their relationship, but his request for non-overnight "family visiting" with his wife were denied. The prison contended … Continue reading Islamic Law in U.S. Courts: Shields v. Foston (E.D. Cal. 2013): Conjugal Visits for Prisoners

Case Note: Sarsour v. Trump (E.D. Va. 2017): Upholding the “Muslim Ban” 2.0

Contributed by Katherine Gonzalez. On March 6, 2017, President Donald J. Trump issued a revised Executive Order which barred, with certain exceptions, entry to the United States of nationals from six predominantly Muslim countries, suspended the entry of refugees for 120 days, and reduced the number of refugees who can be admitted to the United … Continue reading Case Note: Sarsour v. Trump (E.D. Va. 2017): Upholding the “Muslim Ban” 2.0

Islamic Law in U.S. Courts: Webb v. City of Philadelphia (3d Cir. 2009): Ḥijāb with Police Uniform

A female Muslim police officer, Kimberlie Webb, sued the City of Philadelphia under Title VII and the Pennsylvania Religious Freedom Protection Act, alleging religion- and gender-based discrimination. Specifically, the plaintiff objected to the City barring her from wearing a headscarf (ḥijāb) with her police uniform, and argued that the prohibition amounted to a failure to … Continue reading Islamic Law in U.S. Courts: Webb v. City of Philadelphia (3d Cir. 2009): Ḥijāb with Police Uniform

Islamic Law in U.S. Courts: EEOC v. Abercrombie & Fitch, 575 U.S. _ (2015): “Ḥijāb Case”

Holding: To prevail in a disparate-treatment claim, an applicant need show only that his need for an accommodation was a motivating factor in the employer’s decision, not that the employer had knowledge of his need. Judgment: Reversed and remanded, 8-1, in an opinion by Justice Scalia on June 1, 2015. Justice Alito filed an opinion … Continue reading Islamic Law in U.S. Courts: EEOC v. Abercrombie & Fitch, 575 U.S. _ (2015): “Ḥijāb Case”

In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision and outlines considerations the legislature should address. "According to media reports, triple ṭalāq (instant, irrevocable divorce initiated by a husband in some versions of Islamic law) epitomizes … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal