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Articles 1 - 30 of 70
Full-Text Articles in Religion Law
Lady Justice Cannot Hear Your Prayers, Deborah Ogali
Lady Justice Cannot Hear Your Prayers, Deborah Ogali
Fordham Law Review
The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a Sharia compliance risk. …
Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, Ahmed E. Taha, Sohaib I. Khan
Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, Ahmed E. Taha, Sohaib I. Khan
Northwestern Journal of Law & Social Policy
No abstract provided.
Building Peaceful Coexistence Between Rohingya Refugees And Buffer Com- Munities In Langsa City And East Aceh, Yulia Rina Wijaya
Building Peaceful Coexistence Between Rohingya Refugees And Buffer Com- Munities In Langsa City And East Aceh, Yulia Rina Wijaya
Journal of Islamic Law Studies
The arrival of Rohingya refugees in East Aceh in 2015 is different, in terms of num- ber and people’s response. From the first week to the beginning of the third month, aids flow in daily, piling up at government warehouses. So many people from the Langsa City and neighbouring areas come to see the refugees or offer helps. Sponta- neous social solidarity is evident out of collective memories of Tsunami disaster and spiritual connection. Impact of Rohingya refugees presence that receive humanitari- an aid from many local, national and international organizations which put refugees too special and full of aid …
Orientation Of Zakat As Humanitarian Assistance To Rohingya Refugees In Indonesia, Nur Mohamad Kasim, Mellisa Towadi
Orientation Of Zakat As Humanitarian Assistance To Rohingya Refugees In Indonesia, Nur Mohamad Kasim, Mellisa Towadi
Journal of Islamic Law Studies
The aim of this writing, reviewing the existence of Zakat as humanitarian assistance can be allocated for the Rohingya refugees who are in Indonesia. Given zakat is of national income devoted to indigenous citizens. This writing is normative, is the principal legal study is conceived as norms or rules which apply, both Islamic Law and International Law. Moreover, the authors did a qualitative approach through the study of Islamic law and supported the chart data on Zakat nationally and internationally. In the conclusion showed, firstly, the Rohingya refugees stranded in Indonesia must be given humanitarian aid as well as …
Respect The Non Intervention, Disrespect The Humanity, Uum Humairoh
Respect The Non Intervention, Disrespect The Humanity, Uum Humairoh
Journal of Islamic Law Studies
The non-intervention means that the equal sovereign states shall not intervene in each other’s internal affairs. The non-intervention would be regarded as an equivalent of non-intervention. The countries have obligation to obey this term to avoid other country’s intervention. Sometimes, it brings positive impact to the country, meaning that the country can stand alone to handle any issues, internal or external.
However, as the time goes by, this issue of non-intervention has become debatable. ASEAN, regional organization in South East Asian, has used this term as basic prin- ciple to run the organizational function. ASEAN cannot be involved in the …
Protecting Rohingya Refugees In Asean: The Contested Human Rights In The World Of Na- Tion-States, Nurul Azizah Zayzda
Protecting Rohingya Refugees In Asean: The Contested Human Rights In The World Of Na- Tion-States, Nurul Azizah Zayzda
Journal of Islamic Law Studies
This paper departs from the concern that states’ policy towards refugees and asylum seekers around theworld has not necessarily encouraged a true meaning of refugee protection. Instead, the policy related to their situation has been founded on the ba- sis of states’ rights to accept asylum. In consequence, there have been always cases of refugees living in limbo, denied from protection or even deported to their home countries. The fact however needs to be not taken for granted, to be acknowledged as result of construction by wide range of actors; states, intergovernmental states, international non-governmental organizations, individuals, etc. This paper …
Making The Best Out Of The Worst: Utilizing Indonesia’S Existing Laws To Protect Asylum Seekers In Transit, Tanita Dhiyaan Rahmani
Making The Best Out Of The Worst: Utilizing Indonesia’S Existing Laws To Protect Asylum Seekers In Transit, Tanita Dhiyaan Rahmani
Journal of Islamic Law Studies
Being a party in the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol is not an exclusive solution to legal protection of asylum seekers and refugees in Indonesia. Although the Government of Indonesia has not ratified both instruments, it has acknowledge the protection of asylum seekers and refugees under the People Consultative Assembly (MPR) Decree Number XVII Year 1998 and Law Number 37 year 1999 regarding Foreign Relations. A 2016 United Nations High Commissioner for Refugees reported that Indonesia has become a transit destination for more than 13,000 asylum seekers and refugees, including nearly 1,000 Rohing- …
The Plight Of Rohingya People In Bangladesh: Access To Justice And Human Rights Protection, Shyikh Mahdi
The Plight Of Rohingya People In Bangladesh: Access To Justice And Human Rights Protection, Shyikh Mahdi
Journal of Islamic Law Studies
Bangladesh has a long history of hosting Rohingya from the Northern Rakhine State of Myanmar with the earliest arrivals recorded in 1948. The recent influxes occurred in last few years forced a large number of Rohingya to flee to Bangladesh in the wake of serious state repression in Myanmar. This huge influx of refugees without proper reception and attention from the Bangladeshi side caused severe humanitarian crisis; the appalling conditions of the refugee ghettos are gradually deteriorating. Desperate for their survival, the Rohingya people are infiltrating into various levels of socio-economic structures of Bangladesh without any proper plan/management policy. Often, …
Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Brigham Young University Education and Law Journal
No abstract provided.
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
Indiana Journal of Constitutional Design
In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …
The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge
The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge
William & Mary Bill of Rights Journal
No abstract provided.
Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett
Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett
Washington and Lee Law Review Online
In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that Christianity’s political influence has been unhelpful or harmful. I also seek to show that statements like “religion has no place in politics” are best understood as expressions of arbitrary bias.
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Seattle University Law Review
This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.
The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes
The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes
Washington and Lee Law Review Online
Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that …
America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin
America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin
Washington and Lee Law Review Online
Political and philosophical theorists have often advocated for the exclusion of some or all religious perspectives from full participation in politics. Such approaches create criteria—such as public accessibility, public reason, or secular rationale—to legitimate such exclusion. During the 1990s I argued, as an evangelical Christian, against such exclusionary theories, defending the rights to full and equal political participation by evangelical Christians, traditionalist Roman Catholics, and any others who would be restricted by such criteria.
Lying About God (And Love?) To Get Laid: The Case Study Of Criminalizing Sex Under Religious False Pretense In Hong Kong, Jianlin Chen
Lying About God (And Love?) To Get Laid: The Case Study Of Criminalizing Sex Under Religious False Pretense In Hong Kong, Jianlin Chen
Cornell International Law Journal
Section 120 of the Hong Kong Crimes Ordinances— which traces its origin to the U.K. and which is replicated in several other English common law jurisdictions— criminalizes procurement of sexual acts through false representation. Recently, prosecutors used this provision to indict individuals who procured sexual acts on the pretext of performing luck-improving religious rituals. Beyond presenting the first-ever systematic examination of these intriguing fraudulent sex court cases, this Article makes two arguments. First, this Article explains how the strong skepticism, and at times, instinctive rejection by the judges of the purported religious proclamations not only confirm the scholarly concerns over …
The Intertwined Existence Of Families And Religion, Lynn D. Wardle
The Intertwined Existence Of Families And Religion, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
The Intertwined Existence Of Families And Religion, L. Steven Brooks
The Intertwined Existence Of Families And Religion, L. Steven Brooks
Brigham Young University Journal of Public Law
No abstract provided.
Ruu Ketahanan Keluarga: Modifikasi Hukum Sebagai Upaya Mencapai Tujuan Hukum Islam Dalam Memelihara Keturunan, Muthmainnah Muthmainnah
Ruu Ketahanan Keluarga: Modifikasi Hukum Sebagai Upaya Mencapai Tujuan Hukum Islam Dalam Memelihara Keturunan, Muthmainnah Muthmainnah
Journal of Islamic Law Studies
One of the aims of Islamic Law based on Abu Ishaq Al-Shatibi is to protect ancestry which becomes a very essential aim for human being. On the other side, this aim faces obstacles in which a family does not show the function as it is in society. This writing elaborates a Draft Law which is initiated by Prosperous and Justice Party Faction which was legalised as Draft Law initiated by House of Representatives Republic of Indonesia term 2015-2019. The Draft Law is about Family Sustainability. The process of Law Making is a fundamental aspect for Indonesia as a Rechstaat. This …
Humanitarian Islam, Engy Abdelkader
Humanitarian Islam, Engy Abdelkader
Pace International Law Review
In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the religion since its founding, is relatively unknown to non-Muslim Americans. Humanitarian Islam is defined here in largely oppositional terms to so-called the “radical Islam.” In contrast to the violence, aggression, death, and destruction commonly associated with “radical Islam,” selfless volunteerism, benevolence, altruism, and charitable giving in service to others are characteristic of humanitarian …
Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun
Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun
Washington and Lee Law Review Online
This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed ever since the Founding. Part IV, emphasizing the Reverend Martin Luther King, Jr., argues that no other reasons justify barring faith-based arguments from the public square.
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders
Notre Dame Law Review
In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the Trinity Lutheran …
Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud
Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud
Indiana Journal of Global Legal Studies
This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …
Law, Religion, And Health Care, David Orentlicher
Law, Religion, And Health Care, David Orentlicher
UC Irvine Law Review
No abstract provided.
Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, Shaakirrah R. Sanders
Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, Shaakirrah R. Sanders
UC Irvine Law Review
Religious healing parents have vexed state courts for almost a century. Religious healing is the belief that “prayer” or “spiritual means,” rather than modern medicine, can cure individuals. Adults and emancipated minors have the right to refuse medical treatment. Some states go further and grant religious healing parents a statutory exemption against criminal and civil actions for child endangerment, neglect, negligence, manslaughter, and even homicide. This Article identifies these types of exemptions as an issue of religious childrearing.
Religious healing exemptions demonstrate the difficulty delineating the line between childrearing rights of parents and the state’s duty to protect children. Professor …
Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly
Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly
University of Miami International and Comparative Law Review
No abstract provided.
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson
Cleveland State Law Review
This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section III …
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
William & Mary Journal of Race, Gender, and Social Justice
Turkey has much room for improvement regarding women’s education opportunities—particularly in eastern Anatolia. Despite the Turkish Republic’s outward secular appearance, Islamic law plays an increasingly important role in society. A potential solution to the government’s sluggish progress on gender equality may lie in the utilization of their religious directorate (Diyanet). The Diyanet could issue fatwas sympathetic to women’s rights, which may more effectively reach the conservative eastern Turkish population.
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Michigan Law Review Online
Trinity Lutheran Church, Inc. v. Comer is a significant setback for a strong separation of church and state. Missouri denied a playground grant to Trinity Lutheran because of a state constitutional provision that bans financial aid to churches. The church sued. The Supreme Court held not only that the Establishment Clause allowed the government to give taxpayer money to Trinity Lutheran, but that the Free Exercise Clause required it. The decision's many flaws are not the focus of this short Essay. Instead, this Essay dissects the Supreme Court's reasoning in order to apply it to current controversies in related areas …
How Would The European Court Of Human Rights Decide Holt V. Hobbs?, Francesca M. Genova
How Would The European Court Of Human Rights Decide Holt V. Hobbs?, Francesca M. Genova
Notre Dame Law Review Reflection
This Essay inquires: How would the ECtHR decide Holt v. Hobbs, given the same evidence provided at the district court level and the reasoning of the court of appeals? Analyzing this case through the ECtHR’s lens will elucidate the implications of the proportionality test in American jurisprudence. To do so, Part I will compare the two jurisdictions. Part II will summarize Holt v. Hobbs. Part III will describe the ECtHR’s relevant recent free exercise jurisprudence. Part IV will discuss how, based on this analysis, the ECtHR could decide Holt v. Hobbs in light of its overarching principles. Finally, …