Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Religion Law
The Impossible, Highly Desired Islamic Bank, Haider Ala Hamoudi
The Impossible, Highly Desired Islamic Bank, Haider Ala Hamoudi
Articles
The purpose of this Article is to explore, and explain the stubborn persistence of, a central paradox that is endemic to the retail Islamic bank as it operates in the United States. The paradox is that retail Islamic banking in the United States is impossible, and yet it remains highly desired. It is impossible because the principles that are supposed to underlie the practice of Islamic finance deal with the trading of assets and the equitable sharing of risks, profits and losses among bank, depositor and portfolio investment. It is true that much of this can be, and is, circumvented …
Religious Minorities And Shari’A In Iraqi Courts, Haider Ala Hamoudi
Religious Minorities And Shari’A In Iraqi Courts, Haider Ala Hamoudi
Articles
There is a rising interest in our academy in the study of constitutional states, particularly in the Islamic world, whose legal and constitutional structure is at least as a formal matter both founded on and subject to religious doctrine. For those of us interested in the Arab spring, and indeed in constitutionalism in much of the Islamic world, this work is not only valuable, but positively vital. Without it, we are unable to discuss most emerging Arab democracies in constitutional terms. In Iraq, and in Egypt after it, two of the premier Arab states which have recently seen constitutions approved …
The Arabs In The (Inter)National, Haider Ala Hamoudi
The Arabs In The (Inter)National, Haider Ala Hamoudi
Articles
This essay is a commentary on an article submitted by Professor Lama Abu-Odeh as part of a special symposium edition contained in Volume 10 of the Santa Clara Journal of International Law. In her piece, Professor Abu-Odeh builds on her earlier work respecting Islamic law but adds a new target to her sites, that of the study of national security. That is, we already knew Professor Abu-Odeh’s view of the typical Islamic law scholar. He is one who is focused either on the resurrection of the shari’a in some sort of reconstructed form or involved in a thoroughly misguided search …
Repugnancy In The Arab World, Haider Ala Hamoudi
Repugnancy In The Arab World, Haider Ala Hamoudi
Articles
“Repugnancy clauses” -- those constitutional provisions that, in language that varies from nation to nation, require legislation to conform to some core conception of Islam -- are all the rage these days. This clause, a relatively recent addition to many modern constitutions, has emerged as a central focus of academic writing on Muslim state constitutions generally, and on Arab constitutions in particular. Much of the attention it has received has been enlightening and erudite. Yet one aspect of the broader repugnancy discourse that deserves some attention is an important, often de facto, temporal limitation on the effect of the clause. …
Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi
Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi
Articles
Western distortions of the Muslim East nearly always take the same form, irrespective of who in the West is doing the distorting. One common theme can be generally gleaned from any projections of the Muslim East in the West, in any Western country, among nearly every community, including, and perhaps especially, our own academic community. This is the perception of the near ubiquitous role of Islam and, more germane to my remarks, Islamic law, of a historic, medieval kind, in governing the legal order of Muslim states, including Iraq, in a manner that can be entirely distorting. In these brief …