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Brief For Council Of Islamic Schools In North America, Partnership For Inner-City Education, And Union Of Orthodox Jewish Congregations Of America As Amici Curiae In Support Of Petitioners, Nicole Stelle Garnett, Richard W. Garnett Iv, Michael H. Mcginley

Court Briefs

No. 20-1088
David and Amy Carson v. A. Pender Makin

On Petition for Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

This Court should grant certiorari in order to clarify that any discrimination on the basis of religious status or religious use is subject to “the most exacting scrutiny.” Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012, 2021 (2017).

Profit In Sharing Partnership: Conditions, And Distribution In Islamic Legislation, Ali Abdallah Abu Yehia, Ahmed Shehdeh Abu Sarhan

UAEU Law Journal

This research tackles the issue of profit in sharing companies in terms of its conditions and distribution.

The research paper consists of an introduction, two chapters and a conclusion.

In the introduction I discuss the definition of both the profit and the sharing company

The first chapter focuses the conditions of profit in the sharing company.

The second chapter discusses the distribution of the profit in both the valid sharing company and the invalid sharing companies. It includes the points of view of the scholars, the reasons underlying their differences, their arguments and discussions,. I have included in the conclusion …

Role Of “Al Waqaf” Or Entailment In Sustainable Development, Abduljabbar Al-Sabhany

UAEU Law Journal

Sustainable development is the main economic goal of any Islamic society. This research aims to clarify the role of “Al Waqf” or entailment in ensuring the economic development of Islamic society and its social welfare. First, the research defines sustainable development from an Islamic view. Second, this research paper discusses the different types of Islamic entailment: philanthropic, progeny and public entailment and their role in developing the Islamic society. Thirdly, the paper discusses the investment nature of entailment. In the final section, the potential impact of entailment on social and economical life aspects is theoretically proven and the relationship between …

Social Problems And Their Solutions Through Al Noor Letters Of Badie Al Zaman Al Nawrasi, Mohamed Ahmed Malkawai, Naheel Ali Saleh

UAEU Law Journal

This study aimes to introduce AL Nourasi's lucubration in Rasayel AL Noor and his approach that deals with social problems by explaning their concept, sorts, explaining trends and ways of treatment. This study illustrates models of social problems which are studied in details by AL Nourasi. He explained their items, concepts and reason in dealing with many social problems such as: imitation, luxury, violence, poverty, racism and tyranny. The two researchers have used the Analytic Descriptive Approach that illustrates the phonemenon of social problems and their analysis by studying social problem texts written in Rasayel AL Noor in order to …

Conflict Resolution From An Islamic Perspective: From Conflict Resolution To Diversity Management, Moh'd Naim Yassien, Eman Yassien

UAEU Law Journal

The paper discusses conflict resolution and management concepts provided earlier in literature. Then, using Islamic concepts and Guidance provided by the Quran, the paper shifts the perspective of conflict into a new dimension, considering diversity as the main root for our model. Diversity can be managed well to create synergy(Good outcome), or, if not managed properly, would drive to conflict which the author considers as the bad outcome of diversity , that is why the Quran regards conflict as the cause of failure. Finally, the paper introduces a new model for conflict management process based on Islamic concepts and the …

Perspective Of Islamic Law (Sharia) Towards The Liability Of Medical Malpractice, Mohammed Abdul Rahim Al Olama

UAEU Law Journal

In this brief study, I have addressed the view of Islamic Law (Sharia) towards liability in medical malpractice. I have cited the views of early scholars from the four schools of Islamic jurisprudence as well as contemporary ones and quoted decisions issued by the jurisprudential academies in reference to this important subject. Moreover, the study sheds light on the position of Sharia especially with the introduction of multidisciplinary modern medicine treatments and the increased likelihood of consequent medical malpractice.

It is noteworthy that the doctor's commitment to the rules and principles of the medical profession without negligence absolves him/her of …

The Rationale For The Executive Authority To Resort To The Judiciary, Mohamed Farouk Mohammed

UAEU Law Journal

Selecting the state for direct execution is not free from restrictions, as it is imagined; disobeying to every limit, but it has conditions and restrictions the executive power must fulfill before selecting this approach, the executive power recognized this matter recently, so it began to waive practicing this direct execution for condition it estimated in the light of general interest preferring resorting to jurisdiction firstly in spite of bad sense of some police administration that foreign from this field of law supremacy due to effects of this practice.

The administration may refuse resorting to administrative methods to exigent its right …

Contracting With Self Under The Agency's Investment Product: A Comparative And Applied Study Based On The Kuwaiti Law, Ali Ibrahim Al-Rashed

UAEU Law Journal

The investment product, with the right to contract with one’s self, is considered one of many products that spread amongst the Islamic financial institutions. In the past, this subject was a matter of controversy between scholars. Nevertheless contemporary jurists do not contest the legality of the product. The study addresses this issue with in-depth research and details in terms of legitimacy and with what was observed by the Kuwaiti Law. The study consists of the following sections:

Section I: the rule of contracting with self from the sharia perspective.

Section II: the rule of contracting with self from the legal …

The Substantial Age Difference Between The Betrothed:, Dr. Hamza Abdelkarim Hammad

UAEU Law Journal

This Study aims to analyze the matter of the substantial age difference between the nuptials, in an attempt to accomplish two basic goals; namely: elaborate the position of Islamic Fiqh (jurisprudence) on this issue, and analyze the position of the Emirati and Jordanian personal status Laws toward this matter. The present Study adopted the descriptive analytical method including comparison and criticism, and it found that the jurists held two distinct positions; the first deems it necessary to have age compatibility, where one group among them considers it laudable and the other considers it as a condition; and the second one …

Labor Strike From The Perspective Of Jurisprudence (Fiqh) And Law, Hassan Mohammed Al-Rifai

UAEU Law Journal

This thesis is about thelabor strike in terms of the jurisprudence and law. It includes the following topics:  To define of the “labor strike” in terms of its jurisprudential and legal concept and adaptation.  To set forth the effects of the “labor strike” in terms of law on both, labor contract signed between the striking workers and their employer, and the employer’s obligations towards his customers.  To display and discuss the Islamic jurisprudence’s attitude towards the “labor strike” through indicating the opinion of a group of contemporary scholars who allows labor strike.  Then, to display and …

Prospective Jurisprudence The Concept, The Advantages, & Its Legal Instruments, Najmaldeen Al-Zanki

UAEU Law Journal

This study sheds light on "Fiqh Istishraf- Prospective Jurisprudence" in terms of its concept, advantages and foundational tools. It follows a deductive and analytical method to establish its definition, describe its legal outcomes and determine its tools. The study concludes with some important findings. It shows that the term "Fiqh Istishraf'" aims at the grasping of predictable benefits and the preventing of expectable evils. The proper space for it to apply is the scope of public law which dwells on future issues from a general nature. The main advantages of this method could be seen in: providing legal responses for …

The Subsidiary And Its Provisions In Islamic Jurisprudence And The Egyptian Civil Law Compared With The Uae Civil Transactions Law, Tahani Abu Taleb

UAEU Law Journal

In this research the author tempted to find a definition to "the subordinate" in the Egyptian civil law followed by a comparison to examples of the rule "التابع تابع" in the Islamic law with its counterpart in the Egyptian civil law. The result of this comparison is that, the Egyptian civil law has a large number of examples based on this Islamic rule, which means that it is possible to use this Islamic rule and the other ones as a mean of interpretation to the Egyptian civil law. Later in this research, the author compared these results with its counterpart …

Human Development Indicators From An Islamic Perspective, Prof. Kamal Tawfiq Hattab

UAEU Law Journal

This study aims to identify and evaluate the international human development indicators, from an Islamic economic perspective, which has been derived from the practices made by the Prophet, peace be upon him, in the field of human development, as well as to examine what is acceptable and what is unacceptable of the international indicators. In order to reach this goal, the research begins with the approach taken by the Prophet, peace be upon him, in the building and formation of the first generation of human resources, and then compare it all with the latest indicators for human development in the …

When Shari'a Becomes A Science Of Law, Heba Sewilam

Theses and Dissertations

The Sharīʿa codification, privatization and reconciliation present three reform movements to scientize Sharīʿa in the manner of liberal positivism. The scientism of Sharīʿa makes Islamic law predictable, rational and objective. Its final goal is to protect Sharīʿa from the political encroachments of the ruling elites and facilitate Sharīʿa implementation in a post-colonial era. The three reform movements are, however, incapable of harmonizing Sharīʿa with the liberal norms of a scientized law. Sharīʿa codification makes the law predictable but neglects Sharīʿa’s undemocratic methods of decision-making. Sharīʿa-compliant legislation is still the monopoly of the Muslim jurists and the ruling caliph. Sharīʿa privatization …

Determination Of Descent And Inheritance By The Heir Through Genetics In Islamic Jurisprudence With Reference To The Uae Personal Status Law, Aref Hassouneh

UAEU Law Journal

A man may marry a woman by a verbal contract and then abandon his wife and child back to his country to remarry and create a new family; forget his first family. A man may marry a second wife secretly from his first wife and children, so that no problems will arise, and the man may have a son of adultery recognized in the disease of death in front of his legal children, and then die. In such cases, the heir may appear unknown, then some of the heirs recognize him and others deny him. What is the ruling in …

Liquidity Management In Islamic Banks, Abduljabbar Al-Sabhany

UAEU Law Journal

Liquidity management is concerned with the ability of the bank to finance the increase in its assets and to meet its obligations in cash on time without incurring unusual costs. Traditional banking has developed a contractual structure, a legislative environment and a set of financial instruments that enable commercial banks to achieve this requirement easily. The problematic of research lies in the difference of the nodal structure of Islamic banks, the shortage of their financial instruments, and in the lack of consistency of their activity with the legislative environment governing it. The study examined the mechanisms of liquidity management and …

Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche, Mubasher Hussain, Jamil Akhtar

Journal of Bioresource Management

Due to their vital ecological significance, owls drew the attention of several groups working on wildlife protection and conservation management across the globe. Hence, certain legal provisions have been articulated in the wildlife protection acts of the advanced countries to ensure full legal protection of wildlife including owls. Although there are certain laws concerning the protection of wild life in Pakistan, the specific and consistent legal provisions are still required for owl’s full protection. This article highlights a dire need of the articulation of such provisions respecting the prohibition of owl hunting on several religious, legal and ecological grounds.

ضوابط الخلوة الشرعية وأثرها في حقوق الزوجة المادية في قانون الأحوال الشخصية الإمارتي: دراسة فقهية تطبيقية د.علي حسين الجنيدي

UAEU Law Journal

تأتي هذه الدراسة لبيان الأحكام المتعلقة بالخلوة الشرعية الصحيحة وأثرها في تقرير المهر والنفقة في الفقه الإسلامي وما أخذ به قانون الأحوال الشخصية الإماراتي من الآراء، وما استقرت عليه الأحكام القضائية الصادرة عن محاكم دولة الإمارات العليا.

هذا، وقد اقتضت دراسة الخلوة الشرعية الصحيحة وأثرها في تقرير مهر الزوجة ونفقتها تمييزها عن الخلوة الفاسدة، بأن تُحقق ضوابطها وتحرر فقهياً؛ لتكون صالحة لتطبيقها على الوقائع المستجدة مع ضرب أمثلة عليها، ثم تقرير ضوابطها وفق رؤية المقنن الإماراتي، موظفاً المنهج الاستقرائي والتحليلي في ذلك.

ثم جاءت دراسة أثر الخلوة الصحيحة في تقرير كامل مهر الزوجة في أحد مطلبي المبحث الثاني، بتحقيق الخلاف …

Shurooq, Shurooq, Brandi Kilmer, Sherianne Schow, Nicole Taylor, Sasha Sloan

TSOS Interview Gallery

Shurooq fled Iraq and came to the United States when she was 12. Iraq was a beautiful place full of family and celebration. Her brother passed away from leukemia 1 1/2 years prior to coming to the States. Prior to his death, their father took him to Syria to for treatment. He passed in Syria. Although the family had applied for a medical visa to the United States, upon Shurooq’s brother’s passing, they received threats and knew they could not stay. The call came for the visa and all but her mother were able to come. Thankfully her mother arrived …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Ziba, Ziba, Sherianne Schow, Brandi Kilmer, Heather Oman

TSOS Interview Gallery

Ziba, a promising medical student, fled Afghanistan in 2018 due to instability and for her safety. Life was difficult upon arrival in the United States. In Afghanistan Ziba was involved in national and international poetry, math and science competitions. Ziba went from having everything to starting completely over in a new country. Her anxiety and depression became extremely difficult to deal with She reminded herself who she was, what her passions were and in January 2019 started medical school while working part time as a cashier. Her hope for future arriving refugees is to have a mental health network established …

Methodology Of Al-'Izz Bin 'Abd Al-Salam Regarding The Sources Of Islamic Jurisprudence, Methods Of Derivation And Its Jurstic Impact: A Study On Chapter Of Al-Tasarrufat, Hesham Atta Mohamed Mahgoub Ibrahim

Student Works (2020-2029)

In term of outstanding, imam al-Izz ibn Abd al-Salam surpassed other scholars of his time. With reference to al-Shafi'i school, He was the ultimate authority to the school. This status has been testified by his student such as al-Qarafi, Ibn Daqiq al-'Id, and other scholars of his time recognised him the imam. Al-Subki also aknowledged his leadership through his writings. In term of outstanding works, Imam al-Izz bin Abd al-Salam produced books related to the rulings of evidence, namely al-Imam fi Bayan Adillah al-Ahkam, Qawa'd al-Ahkam and Majaz al-Qur'an in order to elaborate the evidence, its methodology and rulings deduction. …

Arbitration (Tahkim) And Reconciliation (Sulh) In Islam As Alternative Dispute Resolution Mechanisms, Saidilyos Khakimov

The Light of Islam

The main reason behind this work is to illustrate the current need for Islamic alternative dispute resolution methods and offer analysis to show the benefts of their applications. There has been a vivid rise in ADRs’ recognition globally as a substitute for litigation and related issues that would be better if addressed with an Islamic perspective. The wide usage of the term has been intensifed uninterruptedly after the second half of the 20th century. This paper intends to introduce a 1,5-centuryyear-old background of legally institutionalized arbitration
(Tahkim) and reconciliation (Sulh), Islamic means or ways of alternative dispute resolution. I will …

Characteristics Of Trust (Waqf) In Islamic Law (Sharea’A), Khaireldeen Taleb

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The paper consists of an introduction and two chapters, namely, definition of Waqf in language and convention and characteristics of Islamic Waqf. In the introduction, the author studies the importance of Waqf. Furthermore, he surveys the literature review and introduces his methodology. In the first chapter of the paper, the author explains the meaning of the term “Waqf” and its legality in the Quran, Sunna, jurisprudential provisions, and scholars’ opinions. The second chapter provides an overview of the characteristics of Waqf, its importance, and its effect on the state as well as individuals. Among these characteristics are divinity, positivism, humanity, …

Muslims’ Religious Freedom And Religiosity: Measurement And Impact, Hannah M. Ridge

Political Science Faculty Books and Book Chapters

Multiple measures of religious freedom and states’ regulation of religion are at work in sociology of religion. These scales apply one score to a country or to a subset of its policies. A uniform state score conceals the internal religious diversity and the heterogeneous experiences of religious freedom that can result. These, in turn, encourage ecological fallacies and mask the disparate impact that religious freedom for one’s own community and for other groups can have on individuals’ preferences and decisions. To demonstrate the value of measuring and studying religious freedom at the individual level, this study applies individual-level assessments of …

Verification And Explanation Of The Prophetic Traditions (Hadiths) Of Kindness To Animals, Helmi Abed El- Hadi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This research includes a collection of Hadiths (prophetic traditions) mentioned by Prophet Mohammad (Peace and blessings of Allah be upon him), in which he urged Muslims to deal kindly with the animals when Muslims use these animals for all purposes like riding, loading milking and even slaughtering them.

The researcher has also verified the authenticity, judged and explained all of these respective Hadiths in a wise way to show the greatness of Islam in dealing with animals; he was neither lengthy nor short. In fact, the greatness of Islam is clearly shown in dignifying these animals which, in turn, entails …

State Regulation Of Religion: The Effect Of Religious Freedom On Muslims' Religiosity, Hannah M. Ridge

Political Science Faculty Articles and Research

Substantial scholarship argues that regulation of religion suppresses religiosity in a community by reducing individuals’ satisfaction with their religious experience. To date this research has assumed that regulations are enforced on and affect religious communities uniformly. It has also focused heavily on Western Christian populations and aggregated national data. We suggest that state regulation of religious communities and behaviours impacts citizens differently based on their affiliation. Using individual-level assessments of freedom and religiosity from Muslim-majority countries, we show that, at the individual level, restricting freedom suppresses religious belief and behaviour. Restrictions on religious minorities, however, can increase religiosity. As such, …

Abortion In Islamic Law And Its Intersection With Human Rights, Andini Naulina Rahajeng

Journal of Islamic Law Studies

Abortion was legally restricted in almost every country by the end of the nineteenth century. Abortion is a controversial topic due to its involving with fundamental morals, ethics, and religious concerns. Legal restrictions on abortio n do exist throughout Islam jurisprudence, though allowed only with emergency circumstances. Nowadays, people become more aware of abortion as a part of human rights, as it is considered female autonomy over her body and part of reproductive rights. Abortion considered should be legally allowed and accessible to women. This paper will describe the construction of abortion in Islamic Law and the awareness of abortion …

Implikasi Yuridis Pembatalan Perkawinan Kedua Tanpa Persetujuan Isteri Pertama Setelah Wafatnya Suami (Studi Kasus Putusan Pengadilan Agama Balikpapan Nomor : 1151/Pdt.G/2017/Pa.Bpp), Andy Akbar

Indonesian Notary

Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Kompilasi Hukum Islam mengatur bahwa azas dari perkawinan yang berlaku di Indonesia merupakan azas Monogami terbuka. Azas Monogami terbuka mengatur bahwa dalam suatu kondisi tertentu seorang suami diperbolehkan menikah lagi sampai dengan empat orang isteri. Azas Monogami tersebut disebut azas monogami terbuka. Terdapat syarat-syarat yang mendahului adanya perkawinan poligami, salah satunya adalah izin dari isteri pertama dan pengadilan, apabila tidak ada izin maka perkawinan tersebut dapat dibatalkan dengan putusan pengadilan. Tujuan dari penelitian ini adalah untuk menganalisa pembatalan perkawinan yang dilakukan oleh isteri pertama terhadap perkawinan kedua suaminya yang sudah meninggal dunia, …

Volume 105, Number 6 Front Matter

Cornell Law Review

No abstract provided.