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Articles 1 - 4 of 4

Full-Text Articles in Law

Codifying Shari'a: International Norms, Legality & The Freedom To Invent New Forms, Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. O'Brien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee, Marc Aaron Melzer Nov 2006

Codifying Shari'a: International Norms, Legality & The Freedom To Invent New Forms, Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. O'Brien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee, Marc Aaron Melzer

All Faculty Scholarship

The United Nations Development Program and the Republic of the Maldives, a small Muslim country with a constitutional democracy, commissioned this project to craft the country's first system of codified penal law and sentencing guidelines. This Article describes the special challenges and opportunities encountered while drafting a penal code based on Shari'a (Islamic law). On the one hand, such comprehensive codification is more important and more likely to bring dramatic improvements in the quality of justice than in many other societies, due in large part to the problems of assuring fair notice and fair adjudication in the uncodified Shari'a-based system …


Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel Jan 2006

Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel

NYLS Law Review

No abstract provided.


Engaged Surrender In The Void: Post-Secularist "Human" Rights Discourse And Muslim Feminists [Sic], Emily A. Hartigan Jan 2006

Engaged Surrender In The Void: Post-Secularist "Human" Rights Discourse And Muslim Feminists [Sic], Emily A. Hartigan

Faculty Articles

Human rights discourse is inherently multicultural, and multicultural discourse is messy. The reality of discourse on the post-secular manifests in various books and websites. This manifestation has led to religion resurfacing in the public realm. At some level, the academy that poses as secular is a small and politically inconsequential voice in the national and international arena. Among the restrictions that secular discourse would attempt to dictate are those suggested in projects to re-enchant a world that has become spiritually, epistemically, politically, and perhaps humanly desiccated by the relegation of talk of the sacred to the private realm.

The purely …


Final Report Of The Maldivian Penal Law & Sentencing Codification Project: Text Of Draft Code (Volume 1) And Official Commentary (Volume 2), Paul H. Robinson, Criminal Law Research Group -- University Of Pennsylvania Jan 2006

Final Report Of The Maldivian Penal Law & Sentencing Codification Project: Text Of Draft Code (Volume 1) And Official Commentary (Volume 2), Paul H. Robinson, Criminal Law Research Group -- University Of Pennsylvania

All Faculty Scholarship

The United Nations Development Programme and the Government of the Maldives commissioned the drafting of a penal code based upon existing Maldivian law, which meant primarily a codification of Shari'a. This is the Final Report of that codification project. A description of the process that produced this Report and the drafting principles behind it, as well as a discussion of the special challenges of codifying Islamic criminal law, are contained in an article at http://ssrn.com/abstract=941443.