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Articles 1 - 30 of 40
Full-Text Articles in Law
The Role Of Activities Of Sheikh Zayniddin And His Mausoleum In The Spiritual Life Of Tashkent, Nematullo Mukhamedov
The Role Of Activities Of Sheikh Zayniddin And His Mausoleum In The Spiritual Life Of Tashkent, Nematullo Mukhamedov
The Light of Islam
In medieval sources, the city of Tashkent was called Shash. Many well-known scholars in the Islamic sciences, such as hadith, jurisprudence, and mysticism, emerged from Shash. Many great scientists from this region are known to the world by the nisbas of Shoshiy and Toshkandiy. Ancient Tashkent was one of the sacred places where great and pious scientists, muhaddis, and righteous people have been buried. Here, the noble bodies of Zangi ata, Sheikh Umar Vali Baghistani, Sheikh Khovand Tahur, Sheikh Zayniddin Kuyi Arifon, and others found eternal rest. In the second half of the XVIII century, Tashkent city was divided into …
Fine Line Between Right And Requirement, Erin Johnson
Fine Line Between Right And Requirement, Erin Johnson
Augsburg Honors Review
Due to the recent influx of Muslims to the United States, many people want districts to set policies concerning whether or not the school should provide accommodations for religious practices, and if so, what steps should be taken. While some districts have no problem accommodating students' religious needs, others argue that accommodating one religion would require equal accommodations for all religions, which has potential to become overwhelming. The following analysis examines the different approaches arguing for and against the school's obligation to accommodate the students' right to practice prayer in public school; I propose that the most practical policy is …
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Catholic University Journal of Law and Technology
The steady increase of U.S. citizens traveling with smart phones and other electronic devices has been met with the rise of searches and seizures by CBP officers at U.S borders. Although only less than 0.1% of all travelers may actually be subjected to a search while entering the United States, when comparing the statistics between a six month period in 2016 with the same period in 2017, electronic device searches have almost doubled from 8,383 to 14,993. Approximately one million travelers to the U.S. are inspected by the CBP every day. Out of this population, nearly 2,500 electronic devices are …
The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry
The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry
University of Baltimore Law Review
After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the “burkini” on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally …
Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez
Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez
Cultural Encounters, Conflicts, and Resolutions
The Spanish-language anthology Caminos para la paz: Literatura israelí y árabe en castellano (Buenos Aires: Corregidor, 2007) [Paths towards/for Peace: Israeli and Arab literature in Castilian], compiled by Ignacio López-Calvo and Cristián Ricci, offers us a collection of over thirty reflections—some Jewish, others Muslim—about the millennial but also contemporary situation of two literally related and historic peoples in a language—Spanish—that seemingly allows them to inhabit the same, this time uncontested, space. Despite the potentially questionable title of the work, which couches the conflict as that of a nation-state versus a nation and/or two peoples contesting rights to one same land, …
Shari'ah Law As National Security Threat?, Cyra Akila Choudhury
Shari'ah Law As National Security Threat?, Cyra Akila Choudhury
Akron Law Review
The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel
Chicago-Kent Law Review
The possibility that Muslims might use private arbitration as a forum in which their family law disputes could be settled according to the principles of Islamic law has generated substantial controversy, with one liberal democracy, Canada, even taking affirmative steps to insure that religious-based arbitration of family law disputes are denied legal recognition. This paper argues that such moves are ill-considered. From the perspective of political liberalism, the arbitration of family law disputes within a framework of religious law, provided that the arbitration is subject to review by a public court for conformity with public policy, is an ideal tool …
Operating Islamic Jurisprudence In Non-Muslim Jurisdictions: Traditional Islamic Precepts And Contemporary Controversies In The United States, Mustafa R. K. Baig
Operating Islamic Jurisprudence In Non-Muslim Jurisdictions: Traditional Islamic Precepts And Contemporary Controversies In The United States, Mustafa R. K. Baig
Chicago-Kent Law Review
With the recent public furor in the United States regarding “Shari‘a,” studies into the content of Islamic jurisprudence concerning Muslims living under non-Muslim jurisdiction are more pertinent than ever in the U.S. context. As “anti-Shari‘a” rhetoric has increased in fervency, informed input into the debates could go some way in correcting the peddled misconceptions. The paper begins by assessing how Muslim scholars viewed a Muslim’s travel to and residence in non-Muslim lands, and the obligation to abide by the laws of the land. It will focus on the jihad (siyar) section in Islamic jurisprudence and the section on …
So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk
So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk
Georgia Journal of International & Comparative Law
No abstract provided.
International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck
Georgia Journal of International & Comparative Law
No abstract provided.
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Georgia Journal of International & Comparative Law
No abstract provided.
Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon
Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon
Touro Law Review
No abstract provided.
Supreme Court, Sullivan County, Holman V. Goord, Eric Pack
Supreme Court, Sullivan County, Holman V. Goord, Eric Pack
Touro Law Review
No abstract provided.
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries, Asma T. Uddin
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries, Asma T. Uddin
Chicago-Kent Law Review
Many Muslim-majority countries do not provide adequate protection for dissent of any sorts—religious, social, or political. In the realm of religious dissent, these countries persecute not just non-Muslims, but in fact, the persecution is harshest and most frequent against Muslim dissenters. This paper explores how protection for intragroup dissent in these countries is the first and most crucial step in protecting dissent more broadly and lays out both the current state of affairs and several avenues for reform.
To Judge Or Not To Judge: A Comparative Analysis Of Islamic Jurisprudential Approaches To Female Judges In The Muslim World (Indonesia, Egypt And Iran), Engy Abdelkader
To Judge Or Not To Judge: A Comparative Analysis Of Islamic Jurisprudential Approaches To Female Judges In The Muslim World (Indonesia, Egypt And Iran), Engy Abdelkader
Fordham International Law Journal
No abstract provided.
Muslims Denied: How The Uscis Uses A Formerly Secret Program To Delay And Reject Naturalization Applications From Muslims And Other Minorities., Deepak Amrik Singh Ahluwalia
Muslims Denied: How The Uscis Uses A Formerly Secret Program To Delay And Reject Naturalization Applications From Muslims And Other Minorities., Deepak Amrik Singh Ahluwalia
The Scholar: St. Mary's Law Review on Race and Social Justice
The Controlled Application Review and Resolution Program (CARRP) unduly burdens applicants of the United States naturalization process and creates the nearly impossible task of erasing any national security concern. Minorities, especially minorities of the Muslim faith, are subjected to unfair investigation and adjudication of their naturalization applications. Congress allegedly eradicated discrimination from the naturalization process with the Immigration and Nationality Act of 1952 (INA). The United States Citizenship and Immigration Services (USCIS), the agency in charge of overseeing lawful immigration to the United States, implemented CARRP in 2008 to establish a policy for handling naturalization cases which might be perceived …
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura
Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura
Chicago-Kent Law Review
Muslim American women who wear the hijab, or Islamic headscarf, face religious discrimination in nearly every aspect of their public life. They even face it during arrest or incarceration. Law enforcement officials often force Muslim women to remove their hijab while in custody, which both degrades and humiliates them in the process. But prison policies that prohibit incarcerated Muslim women from wearing the hijab violate their right to free exercise of religion. Penal institutions should not prevent incarcerated Muslim women from wearing a hijab without compelling reasons, especially when such policies often arise out of religious discrimination. Courts must …
Assimilation, Acculturation, And The Law: Solving A “Problem” Like Shar’Ia, Kristina E. Benson
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 …
Where Islam Meets The West: A Recommendation For The United Arab Emirates And Dubai In Implementing Casino-Style Gaming, Kirsten Van Ry
Where Islam Meets The West: A Recommendation For The United Arab Emirates And Dubai In Implementing Casino-Style Gaming, Kirsten Van Ry
UNLV Gaming Law Journal
No abstract provided.
Islamic Law And American Law: Between Concordance And Dissonance, Mohammed Fadel
Islamic Law And American Law: Between Concordance And Dissonance, Mohammed Fadel
NYLS Law Review
No abstract provided.
Is Green A Part Of The Rainbow? Sharia, Homosexuality And Lgbt Rights In The Muslim World, Javaid Rehman, Eleni Polymenopoulou
Is Green A Part Of The Rainbow? Sharia, Homosexuality And Lgbt Rights In The Muslim World, Javaid Rehman, Eleni Polymenopoulou
Fordham International Law Journal
No abstract provided.
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan
Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Burning, John R. Maney, Jr.
Burning, John R. Maney, Jr.
American University Criminal Law Brief
No abstract provided.
On The Contemporary Meaning Of Korematsu: Liberty Lies In The Hearts Of Men And Women, David A. Harris
On The Contemporary Meaning Of Korematsu: Liberty Lies In The Hearts Of Men And Women, David A. Harris
Missouri Law Review
In just a few years, seven decades will have passed since the United States Supreme Court's decision in Korematsu v. United States, one of the most reviled of all of the Court's cases. However, similarities between the World War II era and our own have instigated a re-evaluation of Korematsu. When the Court decided Korenatsu in 1944, the United States was at war with the Japanese empire, which created considerable suspicion of anyone who shared the ethnicity of these foreign enemies. Since September 11, 2001, America has faced another external threat - from the al Qaeda terrorists - and there …
If You Will It, It Is No Dream: Balancing Public Policy And Testamentary Freedom, Orly Henry
If You Will It, It Is No Dream: Balancing Public Policy And Testamentary Freedom, Orly Henry
Northwestern Journal of Law & Social Policy
No abstract provided.
Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder
Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder
Human Rights Brief
No abstract provided.
Hats Off To Them: Muslim Women Stand Against Workplace Religious Discrimination In Geo Group, Nathan K. Bader
Hats Off To Them: Muslim Women Stand Against Workplace Religious Discrimination In Geo Group, Nathan K. Bader
Saint Louis University Law Journal
No abstract provided.