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Ministering To Other People's Fears: Effects Of Anti-Muslim Hostility On American Muslim Participation In Public Life, Caleb Elfenbein

Journal of Hate Studies

This article explores the manifestations and effects of anti-Muslim hostility in the United States, asking how anti-Muslim hostility affects the nature of American Muslim participation in public life. It argues that cultural trauma among American Muslim communities, resulting from an expectation of routine harm, conditions the nature of participation in public life undertaken by many American Muslims. Drawing on original datasets documenting anti-Muslim hostility and outreach efforts undertaken by American Muslim communities, we can see that ministering to non-Muslim fears has become a central element of participation in public life. This burden of “humanization” pushes us to consider central elements …

Vol. 104, Number 6 Table Of Contents And Front Matter

Cornell Law Review

No abstract provided.

Developing A Legal Framework Governing Public University Endowments In Saudi Arabia: Lessons From The American Experience With Umifa And Upmifa, Rayan Jamal Alkhalawi

Maurer Theses and Dissertations

Saudi universities have recently started building and growing their endowments. Despite the increasing interest in university endowments, there is currently no specific legal framework that governs the area of university endowments in Saudi Arabia. The lack of a specific legal framework obstructs the advancement of university endowments. Therefore, this dissertation delineates the development and characteristics of the prevailing legal framework governing university endowments in the United States. The dissertation focuses on the development of the Uniform Management of Institutional Fund Act and the Uniform Prudent Management of Institutional Fund Act. The dissertation also uses in depth interviews with professional working …

Rafi & Patra, Rafi, Patra, Tsos

TSOS Interview Gallery

Rafi and his family have been stuck on the border between Greece and Macedonia for almost four months. They made their way from Afghanistan, received certificates in Greece to help them on their journey, but were then stopped at the border of Macedonia. The Macedonians said that they were no longer allowing Afghans into their country. Now all they can do is wait and hope. In Afghanistan,Rafi was a military man. As a young man, he was a part of the Revolution army, but later was made a soldier for the Government Security of Kabul. During that time, he was …

Vol. 52, No. 2 Table Of Contents

Cornell International Law Journal

No abstract provided.

The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram

Faculty Scholarship

The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …

The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram

North Carolina Journal of International Law

No abstract provided.

Dinamika Penerapan Ijtihad Bidang Hukum Ekonomi Syariah Di Indonesia, Zaitun Abdullah, Endra Wijaya

Jurnal Hukum & Pembangunan

The development of Islamic economic conceptually and practically is so dynamic. In response to such condition, the presence of apt law becomes important to regulate or manage Islamic economic activities. Even though Al-Quran and Hadith already become main source and basic for all activities, but business actors still need several guidelines in doing Islamic economic activities. In this point, ijtihad could be such kind of instruments to help business actors run and involve in Islamic economic activities with its recent development. One of the forms of ijtihad is fatwa. In Indonesia, Indonesian Council of Ulama (Majelis Ulama Indonesia or MUI) …

Marta, Marta, Tsos

TSOS Interview Gallery

Marta is a member of the support community for Central American refugees arriving in the southwest US. In this interview, Marta shares her own story of crossing the border at a young age with her daughter and her life in the US. Marta was self-employed for many years and later went on to serve in the US Army in Iraq. For the last 9 months, she and her husband Israel and son Josue have worked tirelessly to help make sure the current refugees arriving are cared for after they are released from detention centers and begin their lives in the …

Vol. 104, No. 4 Front Matter

Cornell Law Review

No abstract provided.

Vol. 52, No. 1 Table Of Contents

Cornell International Law Journal

No abstract provided.

Local Perceptions Of Cannabis And Cannabis Laws In Morocco: Unpacking Past Laws, Moroccans' Perceptions, And Exploring Organizational Efforts, Shadae Tingman

Independent Study Project (ISP) Collection

In Morocco, cannabis production and consumption are illegal, both medicinally and recreationally. The cultivation of the plant is among the top five in the world. This research will explore many aspects of cannabis in Morocco. There is much literature that exists surrounding the agricultural, economic, and political implications of cannabis, but this research will focus on social perceptions of cannabis and cannabis laws of local Moroccans. This research will explore past government attempts to legalize marijuana and why they did not pass. It will also explore the work of local youth organizations (that focus on cannabis) to understand what they …

Shamshur, Shamshur, Tsos

TSOS Interview Gallery

Shamshur has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Shamshur has nine children and a husband who is in prison.

Modina, Modina, Tsos

TSOS Interview Gallery

Modina fled Myanmar after experiencing and witnessing extreme violence, including the destruction of her village and the violent murder of her uncle by soldiers. She arrived in Bangladesh by boat after paying smugglers a large sum.

Nidar, Nidar, Tsos

TSOS Interview Gallery

Nidar has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Nidar has two children and a husband who fell victim to war.

Asma, Asma, Tsos

TSOS Interview Gallery

Asma is a teenager who fled from Myanmar after the army killed her uncle and her village was destroyed. She is now living in Cox’s Bazaar, married, pregnant, and trying to cope in a world where violence and rape are all too common.

Shobika, Shobika, Tsos

TSOS Interview Gallery

Shobika escaped Myanmar amid widespread chaos. After being separated from her husband and experiencing the kidnap of her two children, she was raped by soldiers and became pregnant. Her husband now rejects this child.

Januka, Januka, Tsos

TSOS Interview Gallery

After being raped by a soldier in Myanmar, Januka fled to Bangladesh with her father and later found out she was pregnant. She fears no one will want to marry her because she has been raped.

Rohima, Rohima, Tsos

TSOS Interview Gallery

Rohima was brutally raped and tortured by soldiers during an attack. After witnessing other women receive the same treatment, she fled Myanmar for Cox’s Bazar, Bangladesh. Once there, she got married while pregnant as a result of the rape.

Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne

All Faculty Publications

This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes …

Misogyny And Lawlessness In Afghanistan: The Women's Fight For Equal Rights, Susan Farooqi, Esq

Journal of Civil Rights and Economic Development

(Excerpt)

This Note examines some important areas where Afghan women face discrimination and explores how legislation, such as a Civil Rights Act, could ensure the protection of women’s rights. Part II.A of this Note provides a historical perspective on Afghan women before the Taliban regime. Part II.B provides a brief history of the power struggle in Afghanistan that lead to the rise of the Taliban, a group solely responsible for creating the misogynistic culture in Afghan society today. Part II.C discusses five basic fundamental rights that Afghan women have been deprived of under the Taliban regime and explains that the …

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

Faculty Publications

U.S.engagement in Afghanistan is inevitable, but there will be choices about strategy. In 1952, the U.S.Naval War College convened a lecture series devoted to strategy. On March 20, the lecturer was Harold D.Lasswell, an architect of the New Haven School of Jurisprudence. Lasswell observed, “The aim of strategy is to maximize the realization of the goal values of the body politic.” This article proposes that law is among the available strategic instruments to advance goal values common to the United States, Afghanistan,and the world community.

Vol. 104, No. 2 Front Matter

Cornell Law Review

No abstract provided.

Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger

Faculty Scholarship

This project reviews how American state courts portrayed Islam and Muslims from 1960 until September 11, 2001. The purpose of this project is not to construct some overarching theoretical framework to explain American social and legal views of Islam and Muslims, though I will necessarily interpret what the cases say to some extent. Given the lengthy time period involved, the number of cases in which Muslims or Islam are referenced, and the fact that these cases come from many states, it seemed prudent to defer to others who have constructed critiques of the way American law as a whole has …

On Blasphemy: Immigrant Muslim Leaders In America, Angela Ewing

Walden Dissertations and Doctoral Studies

Some Muslim immigrants in the United States have difficulty reconciling American free speech rights with the blasphemy component of Islamic law, which often requires death for those who criticize Islam. Little academic literature addresses reconciliation of Islamic beliefs with the Constitutional right to free speech or information on Muslim political participation regarding free speech. Using policy feedback theory as the foundation, the purpose of this phenomenological study was to understand the experiences of Muslim immigrants who practice Islam in a free speech society. Data were collected from a sample of 10 immigrant Muslim imams, scholars, and community leaders in Virginia …

Effect Of Religious Legislation On Religious Behavior: The Ramadan Fast, Hannah M. Ridge

Political Science Faculty Articles and Research

State laws compelling citizens to comply with elements of religious law – also known as religious legislation – are globally pervasive. Previous research has well documented the incidence of myriad examples of religious legislation. These laws’ practical effect on citizens’ behavior, however, has been less examined. This article looks at the effect of one piece of religious legislation: state laws enforcing the Ramadan fast. It demonstrates that the use of state power to sanction violations of religious law significantly increases citizens’ compliance with this religious law.

Forensic Border Searches After Carpenter Require Probable Cause And A Warrant, Christopher I. Pryby

Michigan Law Review

Under the border search doctrine, courts have upheld the federal government's practice of searching people and their possessions upon entry into or exit from the United States, without any requirement of suspicion, as reasonable under the Fourth Amendment. Since the advent of electronic devices with large storage capacities, courts have grappled with whether this definition of reasonableness continues to apply. So far, courts have consistently characterized “nonforensic” border inspections of electronic devices (for example, paging through photos on a phone) as “routine” searches that, like inspecting luggage brought across international lines, require no suspicion. But there is a circuit split …

Why Should Law And Policy Makers Understand Extremist Beliefs? The Islamic State (Isis) As A Case Study: Past, Present, And Future, Ali Rod Khadem

Lewis & Clark Law Review

The overarching argument in this Article is that inadequate comprehension of extremist doctrines undermines efforts in law and policy. Selecting the Islamic State (ISIS) as a case study, this Article attempts to resolve three legal and policy dilemmas by exposing internal ISIS doctrine (i.e. by considering the perspectives of the movement itself). This focus on ISIS is justified, for despite the movement’s recent territorial decline, it is precisely its doctrine and ideology that will persist and enable the rise of 2.0 and 3.0 movements modeled after the prototype. In considering ISIS, the aim here is to demonstrate the general need …

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 …

An Appraisal Of Maqāsid Al-ShariʿAh Classic And Recent Literature: Systematic Analysis, Ahmad Syukran Baharuddin Asb, Wan Abdul Fattah Wan Ismail Wafwi, Lukman Abdul Mutalib Lam, Muhammad Hazim Ahmad Mha, Ruqayyah Razak Rr, Nurul Syahirah Saharudin Nss, Muhammad Aiman Abdull Rahim Maar

Library Philosophy and Practice (e-journal)

Maqāsid al-Shariʿah has been typically defined as the objectives behind the Islamic rulings or the Shariʿah higher intent. This knowledge is very important for the mujtahids and Islamic scholars not only to understand or interpret the Shariʿah legal texts, but also to deduce solutions for contemporary problems faced by Muslims. Maqāsid al-Shariʿah is traditionally divided into three levels of necessity, which are necessities (al-Ḍaruriyyāt), needs (al-Ḥajiyyāt), and luxuries (al-Taḥsiniyyāt). Extensive discussion of maqāsid al-shariʿah in Islamic jurisprudence has led to the classification of five elements of preservation, inter alia, protection of faith or …