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Full-Text Articles in Law

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson Apr 2020

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson

Independent Study Project (ISP) Collection

This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …


The Role Of Women In Terrorism, Zeynep Bayar May 2019

The Role Of Women In Terrorism, Zeynep Bayar

Dissertations, Theses, and Capstone Projects

The main purpose of this paper is to understand what motivate women to join terrorist groups and why these organizations prefer to work with female terrorists. Although each woman has different reasons to involve in terrorist groups, this research demonstrates 'religious, political and personal' reasons as the major motivating factors. This study also focuses on the question of why women are the targets of terror recruiters. In order to answer these, the research analysis examines 'psychological, gender, and media' factors as major recruitment reasons of terrorist organizations. This study also analyzes the similarities and differences between female terrorists' profiles of …


The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising Sep 2016

The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising

All Faculty Scholarship

The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.


Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen Sep 2010

Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen

All Faculty Scholarship

U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on any of the …


Cultural Rage: A Severe Threat To Gay Men, Rhoda Howard-Hassmann Mar 2007

Cultural Rage: A Severe Threat To Gay Men, Rhoda Howard-Hassmann

Human Rights & Human Welfare

Men who have sex with men have become a world cultural flashpoint. Fomenting and exploiting cultural rage at the West is a useful way for Islamists to gain electoral and other types of support, even though the motives of the Islamists may have more to do with the drive for power, regional influence, or economic benefit.