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

Commentary: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

By Waskito Jati The case of AM[1] signifies one of the repercussions of the extension of jurisdiction and authority of the sharīʿa court in Aceh. This commentary discusses the indictment of AM which shows the possible prosecution under the Acehnese codified Islamic criminal law (Aceh Qanun No. 6 of 2014) of a person who is … Continue reading Commentary: The Prosecution of an Unregistered Married Couple Under the Aceh Islamic Criminal Justice System

Contemporary Primary Sources: Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath

This indictment relates to a case involving a defendant with the initials AM who was accused of committing khalwat (being in a close proximity with a man unrelated to her by blood or marriage) and ikhtilath (physical intimacy between an unmarried man and woman). Her neighbors found her to be in close proximity in her … Continue reading Contemporary Primary Sources: Jantho Sharīʿa Court Indictment for Case No. 28 of 2017: Khalwat and Ikhtilath

SYMPOSIUM :: On “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office

Response #1: Blurred Boundaries; Muddied Waters or Multiculturalism Gone Astray? Some reflections on The Independent Review into the application of Sharia law in England and Wales.[1] By Shaheen Sardar Ali Professor of Law, University of Warwick The Independent Review into the application of Sharia law in England and Wales[2] was presented to the UK Parliament … Continue reading SYMPOSIUM :: On “The Independent Review into the application of Sharia law in England and Wales” by the UK Home Office

Islamic Law in U.S. Courts: Ahmed v. Ahmed (Tex. App. 2008): Deferred Dowry Claim

The Texas Court of Appeals reversed a state district court’s decision to uphold an Islamic marriage contract that awarded the wife a deferred dowry (mahr), an amount agreed upon at the time of marriage and due to the wife from the husband or his estate upon death or divorce, of $50,000. The district court had … Continue reading Islamic Law in U.S. Courts: Ahmed v. Ahmed (Tex. App. 2008): Deferred Dowry Claim

Islamic Law in U.S. Courts: Zawahiri v. Alwattler (Ohio Ct. App. 2008): Legal Standing of Dowry Following Groom’s Death

The Ohio Court of Appeals affirmed the trial court’s refusal to enforce an Islamic marriage contract, which called for a postponed dowry (mahr) owed by the husband to the wife upon death or divorce of $25,000. The Court found that the groom was coerced into signing the agreement, and thus it was not valid. The … Continue reading Islamic Law in U.S. Courts: Zawahiri v. Alwattler (Ohio Ct. App. 2008): Legal Standing of Dowry Following Groom’s Death

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

Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

By Noor Zafar This commentary explores the Pakistani Supreme Court's use of the principle of "harmonious interpretation" in order to expand the Federal Shariat Court's jurisdiction. In this post, I will examine a landmark case, Abdul Waheed v. Asma Jehangir, that was brought before the Pakistani Supreme Court and decided in 2004. The Court was … Continue reading Commentary: The Principle of Harmonious Interpretation and the Expansion of Federal Shariat Court Jurisdiction in Pakistan

Islamic Law in U.S. Courts: In re: The Marriage of Awatef and Nabil Dajani (Cal. Ct. App. 1988): Divorce Proceeding

In a divorce proceeding involving a prenuptial agreement (Islamic marriage contract) between a Muslim husband and wife, the California Court of Appeals considered the validity of a provision requiring the husband to pay 3,000 Jordanian dinars as well as 2,000 dinars of either cash or household furniture as a “deferred dowry” (known as mahr or … Continue reading Islamic Law in U.S. Courts: In re: The Marriage of Awatef and Nabil Dajani (Cal. Ct. App. 1988): Divorce Proceeding