In the News: Muslim Marriages in the UK

Last week, an English High Court judge ruled in favor of a Muslim woman seeking a divorce from her husband, despite the fact that their marriage was never formally registered in the UK. The couple performed an Islamic nikāh ceremony 20 years ago, which recognized the marriage on religious terms. However, the judge found that … Continue reading In the News: Muslim Marriages in the UK

Islamic Law in SCOTUS

Senior Scholar Noah Feldman commented yesterday in Bloomberg News on the U.S. Supreme Court “travel ban” case, Trump v. Hawaii, calling the Court’s 5-4 decision to uphold the Executive Order restricting immigration to the U.S. of citizens from seven countries—most of which are predominantly Muslim—"a decision that will live in infamy." He had previously suggested … Continue reading Islamic Law in SCOTUS

Islamic Law in U.S. Courts: In re: The Marriage of Ahmad & Shaifia Shaban (Cal. Ct. App. 2001): Marriage Certificate as Prenup

The appellate court upheld the Superior Court of Orange County’s refusal to divide marital property in the context of a divorce according to Islamic law. The plaintiff introduced a marriage certificate as a “premarital contract,” which, among other things, lays out a set amount to be paid to the wife in the event of a divorce. … Continue reading Islamic Law in U.S. Courts: In re: The Marriage of Ahmad & Shaifia Shaban (Cal. Ct. App. 2001): Marriage Certificate as Prenup

Islamic Law in U.S. Courts: Amicus Brief filed by Fifteen Religious and Civil Rights Organizations in EEOC v. Abercrombie & Fitch, 575 U.S. __ (2015)

This brief, submitted by fifteen religious and civil rights organizations, addresses the notion that numerous conflicts often arise between job duties and religious convictions in areas of ritual law, including Sabbaths and other holy days, dietary restrictions, and dress for many Jews, Muslims, Christians and members of other faiths. These organizations point out that the … Continue reading Islamic Law in U.S. Courts: Amicus Brief filed by Fifteen Religious and Civil Rights Organizations in EEOC v. Abercrombie & Fitch, 575 U.S. __ (2015)

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: Matiyn v. Comm’r Dep’t of Corr. (W.D.N.Y. 1989): Prison Prayer Space

Faris Matiyn, an inmate at the Attica prison, mounted a § 1983 claim against the commissioner of the New York State Department of Corrections and prison superintendent Walter Kelly. The plaintiff alleged that the prison violated his First Amendment free exercise right by not allowing Sunnī and Shīʿī Muslims—the two major Muslim denominations—to have separate … Continue reading Islamic Law in U.S. Courts: Matiyn v. Comm’r Dep’t of Corr. (W.D.N.Y. 1989): Prison Prayer Space

Islamic Law in U.S. Courts: Harvey v. Anderson (W.D.La. 2012): Religious Accommodations for Prisoners

Plaintiff Andre Harvey, a Muslim inmate at the David Wade Correctional Center, filed this action against the Respondent, Chaplain Ray Anderson, for allegedly removing the Plaintiff from the list on inmates approved to receive a religious diet and for denying him access to the Islamic community chapel. The Respondent filed a motion for summary judgment, … Continue reading Islamic Law in U.S. Courts: Harvey v. Anderson (W.D.La. 2012): Religious Accommodations for Prisoners

Islamic Law in U.S. Courts: Muhammad v. Davis (M.D. Fla. 2013): Religious Accommodations for Prisoners

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

Islamic Law in U.S. Courts: McDaniels v. Elfo (W.D. Wash. 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

Islamic Law in U.S. Courts: Easterling v. Pollard (7th Cir. 2013): Prisoner’s Complaint Over Ramadan Start Date

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