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Religion Law

Pepperdine Law Review

Journal

2015

Islam

Articles 1 - 2 of 2

Full-Text Articles in Law

“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty Feb 2015

“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty

Pepperdine Law Review

At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping …


Introduction: Religious Law In The 21st Century, Michael A. Helfand Feb 2015

Introduction: Religious Law In The 21st Century, Michael A. Helfand

Pepperdine Law Review

An introduction is presented in which the editor discusses various articles present in symposium including role of the U.S. courts in interpreting religious laws, practice of religious laws in secular states, and political, and legal structures of Jewish and Islamic identities.