Law Commons^™

Motivational Law, Arnold S. Rosenberg

Arnold S Rosenberg

This article introduces a new concept of law’s motivational functions and the laws that serve those functions, which I call “motivational law.” Motivational law consists of those rules and principles, a purpose or function of which is to motivate people to comply with laws that regulate their conduct toward each other or their environment. Motivational laws include obscenity and censorship laws, religious laws on diet, dress, liturgy and ritual, military disciplinary rules, “soft law,” the doctrine of consideration in contract law, and even procedural due process.

Drawing on cognitive dissonance theory and other behavioral research, I conclude that motivational law …

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …

Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger

Washington and Lee Law Review

One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …

Book Review: Comparative Law In A Global Context: The Legal Systems Of Asia And Africa, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.

Torture And Islamic Law, Sadiq Reza

Faculty Scholarship

This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …

Women’S Rights And Shari’A Law: A Workable Reality? An Examination Of Possible International Human Rights Approaches Through The Continuing Reform Of The Pakistani Hudood Ordinance, Katherine M. Weaver

Duke Journal of Comparative & International Law

No abstract provided.

Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam

Michigan Law Review

The implementation and enforcement of Islamic law, especially Islamic criminal law, by modem-day Muslim nation-states is fraught with controversy and challenges. In Pakistan, the documented problems and failures of the country's attempt to codify Islamic law on extramarital sexual relations have led to efforts to remove rape cases from Islamic law courts to civil law courts. In striking contrast to Pakistan's experience, the Republic of the Maldives recently commissioned a draft of a penal law and sentencing guidelines based on Islamic law that abides by international norms. The incorporation of Islamic law into the legal systems of various countries around …

A Study Of Islamic Family Law In Malaysia: A Select Bibliography, Raihana Abdullah

International Journal of Legal Information

Islamic Family Law is one of the most studied fields in Malaysian law. This is because it affects the personal life of Muslims, and because many issues have arisen as a result of the implementation of the Islamic Family Law Enactment which governs Muslims in Malaysia. Scholarship in this area has expanded with the development of the Enactment itself. Several approaches have been used to analyze the implementation of the law inter alia, legal, socio-legal, comparative, and anthropological and sociological perspecitves. It cannot be denied that research and scholarly publications in the field of Islamic Family Law have contributed to …

Iraq, Secured Transactions & The Promise Of Islamic Law,, Mark J. Sundahl

Law Faculty Articles and Essays

When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in order to gain a foothold in the new economy. In order to attract the necessary capital, the Iraqi law of secured transactions must be reformed to allow for lenders to take security in the assets of their borrowers. However, the challenge of reforming Iraqi commercial law is complicated by the requirement under the new Iraqi Constitution that any new statutes enacted by the Iraqi legislature must comply with the principles of Islamic law. This Article sets forth proposals for reform …

Torture And Islamic Law, Sadiq Reza

Articles & Chapters

This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …

Human Rights And The Global Economy : The Promises And Failures Of Globalization, Hope Lewis

Hope Lewis

No abstract provided.