Lunch Talk: Judicial Review in Iran

On Apr 16, Marzieh Tofighi Darian gave a talk on "Judicial Review in Iran: Whose Guardian: Constitution or Sharia?" in which she examined the role of Iran's Guardian Council in evaluating claims of sharīʿa compatibility and constitutional violations. She detailed the Guardian Council’s place in Iran’s constitutional design and the controversies that arise with Parliament … Continue reading Lunch Talk: Judicial Review in Iran

In the News: Prison Chaplains

Last month, the U.S. Supreme Court allowed Alabama to execute a Muslim inmate who had filed a legal challenge after prison officials told him he could only have a Christian chaplain present in the execution chamber—but not a Muslim imam. Domineque Ray’s lawyers had argued that the prison’s policy violated the Establishment Clause of the … Continue reading In the News: Prison Chaplains

Interview :: The Social-Legal Implications of Islamic Law with Nadia Marzouki, Author of Islam: An American Religion

Nadia Marzouki is the author of Islam: An American Religion, published in 2013. She was an Andrew Carnegie Centennial Fellow at the Harvard Kennedy School’s Ash Center and a research fellow at HKS’s Belfer Center’s Middle East Initiative in 2017. She is currently a tenured research fellow (Chargée de Recherche) at the CNRS (Centre National de … Continue reading Interview :: The Social-Legal Implications of Islamic Law with Nadia Marzouki, Author of Islam: An American Religion

Commentary: Religious Opinions within Civil Discourse

By Professor Mohammad Fadel (University of Toronto, Faculty of Law) In a recent attempt to control religious discourse in Egypt, the chairperson of Egypt’s Supreme Media Regulatory Council (al-majlis al-aʿlā li-tanẓīm al-iʿlām), Makram Muhammad Ahmad, announced that only 50 people would be permitted to give an opinion (fatwā) pertaining to Islamic law. According to various … Continue reading Commentary: Religious Opinions within Civil Discourse

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

Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

Comparing the Religion-State Divide in the Arab World: Constitutions

Nathan Brown, Professor of Political Science and International Affairs at the Elliot School of International Affairs at George Washington University, asserts that "Arab constitutions are not abnormally religious," even though they legally integrate religion in different ways. "Religion appears in the constitutions of the Arab world, almost all with Muslim majorities, in a variety of … Continue reading Comparing the Religion-State Divide in the Arab World: Constitutions

Excerpt :: On Muslims’ agenda: Fight anti-Sharia proposals in US states

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

Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

Student editor Noor Zafar examines how the Federal Shariat Court of Pakistan expanded its jurisdiction through its interpretation of "injunctions of Islam." In the “Islamization of Prison Laws” judgment[1] of 2009, the Federal Shariat Court of Pakistan[2] (FSC) expands its original jurisdiction by broadly construing the term “injunctions of Islam.[3]” It construes the term to both … Continue reading Pakistan’s Federal Shariat Court and the Islamization of Prison Laws Judgment of 2009: Continued Expansion of Jurisdiction

Islamic Law in US Courts: Introduction

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: Introduction