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The Role Of Activities Of Sheikh Zayniddin And His Mausoleum In The Spiritual Life Of Tashkent, Nematullo Mukhamedov 2022 INTERNATIONAL ISLAMIC ACADEMY OF UZBEKISTAN

The Role Of Activities Of Sheikh Zayniddin And His Mausoleum In The Spiritual Life Of Tashkent, Nematullo Mukhamedov

The Light of Islam

In medieval sources, the city of Tashkent was called Shash. Many well-known scholars in the Islamic sciences, such as hadith, jurisprudence, and mysticism, emerged from Shash. Many great scientists from this region are known to the world by the nisbas of Shoshiy and Toshkandiy. Ancient Tashkent was one of the sacred places where great and pious scientists, muhaddis, and righteous people have been buried. Here, the noble bodies of Zangi ata, Sheikh Umar Vali Baghistani, Sheikh Khovand Tahur, Sheikh Zayniddin Kuyi Arifon, and others found eternal rest. In the second half of the XVIII century, Tashkent city was divided into ...


Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie 2022 The American University in Cairo AUC

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space ...


How To Decide Religious Liberty Cases: An Analysis Of Balancing Versus Principalism, Marc A. Clauson 2022 Cedarville University

How To Decide Religious Liberty Cases: An Analysis Of Balancing Versus Principalism, Marc A. Clauson

Helm's School of Government Conference

No abstract provided.


Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo, Thomas J. Hellenbrand 2022 Candidate for Juris Doctor, Notre Dame Law School, 2022

Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo, Thomas J. Hellenbrand

Notre Dame Law Review

This Note will proceed as follows: Part I will set the stage and briefly outline the history of Kosovo and its current political status. Part II will then introduce the Kosovo Constitution and the process by which international agreements (such as the European Convention of Human Rights) were embedded in the text and made binding legal authority. It will show that, although the international agreements are binding, the Kosovo Constitution does not make international case law obligatory. Part III will then address different foundational documents drafted in anticipation of Kosovo’s statehood and how judicial and administrative institutions should apply ...


The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, editor 2022 Brigham Young University

The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor

Brigham Young University Prelaw Review

Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.


Look Who's Talking: Conscience, Complicity, And Compelled Speech, B. Jessie Hill 2022 Case Western Reserve University School of Law

Look Who's Talking: Conscience, Complicity, And Compelled Speech, B. Jessie Hill

Indiana Law Journal

Compelled speech claims, which arise under the Free Speech Clause, and complicity claims, which usually arise under the Religious Freedom Restoration Act (RFRA), are structurally similar. In each case, an individual claims that the government is forcing her to participate in a particular act that violates her religious or moral beliefs and imperatives, sending a false and undesired message to others and causing a form of spiritual or dignitary harm. It is therefore no surprise that compelled speech claims are often raised together with complicity claims in cases where religious individuals challenge the application of generally applicable laws to themselves ...


Ministerial Employees And Discrimination Without Remedy, Charlotte Garden 2022 Seattle University

Ministerial Employees And Discrimination Without Remedy, Charlotte Garden

Indiana Law Journal

The Supreme Court first addressed the ministerial exemption in a 2012 case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The ministerial exemption is a defense that religious employers can invoke in discrimination cases brought by employees who qualify as “ministerial,” and it is rooted in the First Amendment principle that government cannot interfere in a church’s choice of minister. However, Hosanna-Tabor did not set out a test to determine which employees are covered by this exemption, and the decision was susceptible to a reading that the category was narrow. In 2020, the Court again took up the ministerial ...


Establishment’S Political Priority To Free Exercise, Marc O. DeGirolami 2022 Cary Fields Professor of Law, St. John’s Law School

Establishment’S Political Priority To Free Exercise, Marc O. Degirolami

Notre Dame Law Review

Americans are beset by disagreement about the First Amendment. Progressive scholars are attacking the venerable liberal view that First Amendment rights must not be constricted to secure communal, political benefits. To prioritize free speech rights, they say, reflects an unjust inflation of individual interest over our common political commitments. These disagreements afflict the Religion Clauses as well. Critics claim that religious exemption has become more important than the values of disestablishment that define the polity. Free exercise exemption, they argue, has subordinated establishment.

This Article contests these views. The fundamental rules and norms constituting the political regime—what the Article ...


Repairing A Fractured America, Nathaniel Lewis Tucker 2022 Liberty University

Repairing A Fractured America, Nathaniel Lewis Tucker

Helm's School of Government Conference

America is fractured beyond repair. The fracture itself has been caused by a foundational deficiency at the core of American government. That deficiency can only be described as a humanistic and rationalistic rebellion against God’s Word in the erecting of the American Federal Government. To correct this problem, the founding documents must be revised for their deficiencies. However, the great question is, by what standard will the founding documents be revised? It is thus proposed there can be no better standard for the American government than the perfect Law of Liberty revealed in the Scriptures of the Old and ...


Inviting An Impermissible Inquiry? Rfra’S Substantial-Burden Requirement And “Centrality”, D. Bowie Duncan 2022 Pepperdine University

Inviting An Impermissible Inquiry? Rfra’S Substantial-Burden Requirement And “Centrality”, D. Bowie Duncan

Pepperdine Law Review

The Religious Freedom Restoration Act (RFRA) prohibits the federal government from substan-tially burdening a person’s religious exercise unless the government can satisfy strict scrutiny. The statute also defines religious exercise to prohibit courts from inquiring into how central a particular religious exercise is to a person’s religion. “The term ‘religious exercise,’” reads the relevant provision, “includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” Despite this prohibition on centrality inquiries, some scholars argue that RFRA’s substantial-burden element requires courts to consider the religious costs a law imposes on ...


Queer And Convincing: Reviewing Freedom Of Religion And Lgbtq+ Protections Post-Fulton V. City Of Philadelphia, Arianna Nord 2022 University of Washington School of Law

Queer And Convincing: Reviewing Freedom Of Religion And Lgbtq+ Protections Post-Fulton V. City Of Philadelphia, Arianna Nord

Washington Law Review

Recent increases in LGBTQ+ anti-discrimination laws have generated new conversations in the free exercise of religion debate. While federal courts have been wrestling with claims brought under the Free Exercise Clause of the First Amendment since the nineteenth century, city and state efforts to codify legal protections for LGBTQ+ individuals in the mid-twentieth century birthed novel challenges. Private individuals who do not condone intimate same-sex relationships and/or gender non-conforming behavior, on religious grounds seek greater legal protection for the ability to refuse to offer goods and services to LGBTQ+ persons. Federal and state courts must determine how to resolve ...


Taking Justification Seriously: Proportionality, Strict Scrutiny, And The Substance Of Religious Liberty, Justin Collings, Stephanie Hall Barclay 2022 BYU Law School

Taking Justification Seriously: Proportionality, Strict Scrutiny, And The Substance Of Religious Liberty, Justin Collings, Stephanie Hall Barclay

Boston College Law Review

Last term, five Justices on the Supreme Court flirted with the possibility of revisiting the Court’s First Amendment test for when governments must provide an exemption to a religious objector. But Justice Barrett raised an obvious, yet all-important question: If the received test were to be revised, what new test should take its place? The competing interests behind this question have become even more acute in light of the COVID-19 pandemic. In a moment rife with lofty rhetoric about religious liberty but riven by fierce debates about what it means in practice, this Article revisits a fundamental question common ...


Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert", Rob Kahn 2022 University of St. Thomas School of Law

Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert", Rob Kahn

University of St. Thomas Law Journal

No abstract provided.


Harm, Healing, And Culture Change: A Case Study Of The Archdiocese Of St. Paul And Minneapolis, Daniel Griffith 2022 University of St. Thomas School of Law

Harm, Healing, And Culture Change: A Case Study Of The Archdiocese Of St. Paul And Minneapolis, Daniel Griffith

University of St. Thomas Law Journal

No abstract provided.


Religious Freedom Amid The Tumult, Thomas C. Berg 2022 University of St. Thomas School of Law

Religious Freedom Amid The Tumult, Thomas C. Berg

University of St. Thomas Law Journal

No abstract provided.


An Easy Sell: The Third Circuit Protects Religious Advertising In Colts V. Freethought, William Zachary Mineo 2022 Villanova University Charles Widger School of Law

An Easy Sell: The Third Circuit Protects Religious Advertising In Colts V. Freethought, William Zachary Mineo

Villanova Law Review

No abstract provided.


Judicial Ethics May Decide Whether A Prisoner Can Be Touched As He Is Executed, Mikayla Lewison 2022 Saint Louis University School of Law

Judicial Ethics May Decide Whether A Prisoner Can Be Touched As He Is Executed, Mikayla Lewison

SLU Law Journal Online

The community having faith in the judiciary is vital for the U.S. to function as a democracy. Recently, the Court has become seemingly more politicized, even though Americans prefer an apolitical court. In this article, Mikayla Lewison argues that personal interests of the justices on the Court have likely played a role in whether or not prisoners, like John Henry Ramirez, may have a cleric of their choice inside the chamber as they are executed.


Punishment For Drinking Alcohol Between Islamic Sharia And Lebanese Law, Jaber Alhassan 2022 jinan university

Punishment For Drinking Alcohol Between Islamic Sharia And Lebanese Law, Jaber Alhassan

Al Jinan الجنان

This study aimed to find similarities and differences between Islamic law and Lebanese law regarding the penalty for drinking alcohol. To achieve the objectives of the study, the researcher dealt with the topic of punishment, its concept, the concept of drunkenness, and the concept of drunkenness. The penalty for drinking it, and determining criminal responsibility in Sharia and Lebanese law. In this study, the researcher used the comparative descriptive inductive approach by referring to the original sources of Islamic law and books on positive law in general an
nd the Lebanese in particular, and some judicial rulings related to the ...


Reasoning About Faith: On The Religious Lawyer, Rakesh K. Anand 2022 Syracuse University College of Law

Reasoning About Faith: On The Religious Lawyer, Rakesh K. Anand

FIU Law Review

The religious lawyer is an individual who understands his or her religious practice to be a way of life and who, within the context of a commitment to his or her religious practice as such, takes up the professional practice of law. Unquestionably, this individual is worthy of our respect, given the seriousness with which the individual approaches his or her faith. At the same time, it is precisely this seriousness that points us in a direction that is perhaps difficult for many to go. Specifically, because a way of life represents a total activity of the self from which ...


Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman 2022 William & Mary Law School

Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman

Faculty Publications

In 2019 there existed a legal entity known as The Church of Jesus Christ of Latter-day Saints. This fact will likely strike most readers as unexceptional. More interesting, however, prior to 2019 there had been no such legal entity as the Church of Jesus Christ of Latter-day Saints for over 150 years, the last of that name likely having been disincorporated in 1862. Even more strangely, although there were millions of people around the globe who identified themselves as Latter-day Saints, in 2019 the only member of the legal entity known as The Church of Jesus Christ of Latter-day Saints ...


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