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Articles 1 - 10 of 10
Full-Text Articles in Religion Law
Law, Society, And Religion: Islam And The West, Paolo Davide Farah
Law, Society, And Religion: Islam And The West, Paolo Davide Farah
Book Chapters
Law and religion are present in almost every society, where the predominance of one over the other can greatly vary, and, in some cases, they both contend for authority over the citizenry. From a historical standpoint, this resulted in a constant change in the relationship between law and religion. Globalization also had a role in this regard. In some instances, globalization exacerbates differences between religions instead of encouraging mediation; it seeks to fill the gap left by the diminishing role of religion in the West. Globalization also competes with religion; both are looking for ways to regulate conduct and push …
Post Secularism And The Woman Question, Lama Abu-Odeh
Post Secularism And The Woman Question, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
I will discuss the “woman question in post secularism” by offering my critique of Saba Mahmood’s book “Politics of Piety: The Islamic Revival and the Feminist Subject”. But before I do so, let me just state that I am a legal academic and I am not a reader of the field of anthropology. I am unfamiliar with the theoretic jargon of the discipline- even less so of the jargon of the subfield, anthropology of religion from which Politics of Piety hails. Each discipline is autonomous more so fields of study within each discipline. Those fields usually coalesce around a celebrity …
Religious Difference In A Secular Age: The Minority Report By Saba Mahmoud (2016) Book Review, Lama Abu-Odeh
Religious Difference In A Secular Age: The Minority Report By Saba Mahmoud (2016) Book Review, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The Minority Report is a text that tries to respond to the problem of essentializing Islam (the culturalism problem) by performing a flip so that all the bad attributes typically associated with “Islam” are now attributed to secularism instead. It is secularism that discriminates, that is sectarian, that encourages violence, that is repressive, sexist, etc. This Mahmood does by on the one hand hyper-politicizing secularism (depleting it of its universalist drive), and on the other under-politicizing it by ignoring its internal indeterminacy, complexity, open structure and varied distributive effects. The result is an account that moves between crude historicism-secularism is …
The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad
The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman
Faculty Publications
This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Popular Media
No abstract provided.
The Muezzin's Call And The Dow Jones Bell: On The Necessity Of Realism In The Study Of Islamic Law, Haider Ala Hamoudi
The Muezzin's Call And The Dow Jones Bell: On The Necessity Of Realism In The Study Of Islamic Law, Haider Ala Hamoudi
Articles
The central flaw in the current approach to shari'a in the American legal academy is the reliance on the false assumption that contemporary Islamic rules are derived from classical doctrine. This has led both admirers and detractors of the manner in which shari'a is studied to focus their energies on obsolete medieval rules that bear no relationship to the manner in which modern Muslims approach shari'a. The reality is that given the structural pluralism of the rules of the classical era, there is no sensible way that modern rules could be derived from classical doctrine, either in letter or in …
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Faculty Publications
No abstract provided.
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Articles
There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …
Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri
Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri
Law Faculty Publications
In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse this …