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Full-Text Articles in Law

Momo, Momo, Tsos Oct 2017

Momo, Momo, Tsos

TSOS Interview Gallery

When Momo was only nine years old, he returned home to find his parents and his six sisters and four brothers had been killed in their own home. Sometime after that, he and his uncle left Somalia together to live in Yemen. He stayed in Yemen until he was sixteen, but when things became unsafe there, he moved to Libya. He had hoped to get on a boat in Libya to go somewhere for a new life, but he was thrown in prison instead. He was harassed and told to ask his family to send money so that he could …


Ilhan & Family, Ilhan, Tsos Jul 2016

Ilhan & Family, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threatsfrom ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by anelder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the Oinofyta refugee campin Greece. Ilhan’s family fled with Radwa, …


Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos Jan 2016

Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threats from ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by an elder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the …


Assimilation, Acculturation, And The Law: Solving A “Problem” Like Shar’Ia, Kristina E. Benson Mar 2013

Assimilation, Acculturation, And The Law: Solving A “Problem” Like Shar’Ia, Kristina E. Benson

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

An unexpected development in the English legal system involves Muslim women’s use of legally binding Shar’ia councils to protect their autonomy, marital security, and property rights. Although scholars and political commentators alike have voiced concerns that Muslim women will be treated unfairly in these councils, there is some indication that women have become adept at navigating this plural legal landscape and that they have often managed to secure better outcomes from Shar’ia family law than from English courts. Over 80 Shar’ia tribunals have been established to issue legally binding decisions on divorce, child custody, inheritance, and other areas of family …


Of Neocolonialism, Common Law And Uncodifiable Shari’A: A Reply To Professor An-Na’Im, Paul H. Robinson, Adnan Zulfiqar Apr 2007

Of Neocolonialism, Common Law And Uncodifiable Shari’A: A Reply To Professor An-Na’Im, Paul H. Robinson, Adnan Zulfiqar

All Faculty Scholarship

In an earlier article -- Robinson et al., Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms, http://ssrn.com/abstract=941443 -- the authors report the challenges and opportunities that arose during their commission by the United Nations Development Programme and the Government of the Maldives to produce the first modern comprehensive criminal code based upon Shari'a. In this brief essay they respond to published criticisms of that project, which asserted, among other things, that Shari'a cannot be codified, that it should not be codified, that the project was a shameful exercise in neocolonialism, that the project was an act …