Islamic Law in U.S. Courts: Al-Khazraji v. Saint Francis College (3d Cir. 1986): Denial of Tenure on Basis of Racial Discrimination

An Arab Muslim professor sued his former employer, Saint Francis College, under Title VII, §1981, §1983, §1985(3), §1986, and the Pennsylvania Human Rights Act, alleging that the College denied him tenure because he was an Arab Muslim. At the trial level, the U.S. District Court for the Western District of Pennsylvania granted the College’s motion … Continue reading Islamic Law in U.S. Courts: Al-Khazraji v. Saint Francis College (3d Cir. 1986): Denial of Tenure on Basis of Racial Discrimination

Commentary: The US, the UK, and the Model of Competitive Equality

This commentary, by SHARIAsource U.A.E. and Malaysia editor Paul Lee, examines the U.S. and the U.K. as an example of a model of competitive equality for the regulation of sharīʿa compliance in Islamic finance. The regulation of Islamic finance has generally been an area to which Western jurisdictions have devoted limited attention, and courts and regulators have … Continue reading Commentary: The US, the UK, and the Model of Competitive Equality

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: 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: 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

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

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

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 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: 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”

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