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Articles 1 - 4 of 4
Full-Text Articles in Religion Law
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 …
Islam’S Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza
Islam’S Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza
Faculty Scholarship
Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the Fourth Amendment to the U.S. Constitution. Two Quranic verses in particular - one that commands Muslims not to enter homes without permission, and one that commands them not to 'spy' - are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these commands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists …
Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i
Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
On January 9, 2008 Washington College of Law at American University sponsored a conference entitled: Turkey: At the Crossroads of Secular West and Traditional East. This conference was percipitated by the recent election of the AKP party in Turkey and my trip to Turkey in summer 2007. In this short introduction to the American University International law Review symposium issue, I summarize the major issues raised in that one day conference specifically by Dean Haluk Kabaalioglu of Yeditepe University Facutly of Law, expert on EU law and Turkish-EU relations,and Professor Feroz Ahmad, the learned historian of modern Turkey. The aim …
Commerce In Religion, Bernadette Meyler
Commerce In Religion, Bernadette Meyler
Cornell Law Faculty Publications
As this Symposium Article contends, religion increasingly overlaps with the commercial sphere, and courts are obligated to determine whether or not to adopt an entirely hands-off approach simply because the specter of religion lurks on the horizon. Whereas the jurisprudence of the European Court of Human Rights tends to accept its member states' separation of commercial elements out from the protections more generally accorded to religion, the U.S. Supreme Court has treated the two spheres as overlapping. To the extent that each court does consider religious transactions in terms of commercial relations, each also arrives at a very different conception …