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
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
Senior scholar Noah Feldman comments on First Amendment issues underlying the state of Georgia's refusal to allow a couple to give their child the last name Allah. Excerpted from the original piece on Bloomberg View. "The state of Georgia is refusing to allow a couple to give their baby the last name Allah -- not because it’s … Continue reading Excerpt: Naming a Baby Is Hard Enough Without the State Involved
The Plaintiff, Marcus Leeotis Watts, sued the Respondents, various prison officials at the Perry Correctional Institution in South Carolina, for allegedly violating his rights under RLUIPA and the First Amendment when the prison failed to provide Muslim prisoners with halal meat. The Respondents contended that the vegetarian meal option that complied with Islamic law was … Continue reading Watts v. Byars (D.S.C. 2013): Religious Accommodations for Prisoners
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
U.S. editor Abed Awad contextualizes a recent case in which a Muslim inmate filed suit against an American prison for failing to provide a halal meal. On August 17, 2016, the American Civil Liberties Union, on behalf of a Muslim inmate, filed suit against Boone County Sheriff. Gannon Thomas v. Boon County Sheriff, No. 1:16-cv-2189. Gannon Thomas … Continue reading Does a Muslim Inmate Have a First Amendment Right to a Halal Meal?