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2013

Muslim

Articles 1 - 8 of 8

Full-Text Articles in Law

The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin Sep 2013

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 May 2013

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 Apr 2013

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 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 …


Where Islam Meets The West: A Recommendation For The United Arab Emirates And Dubai In Implementing Casino-Style Gaming, Kirsten Van Ry Mar 2013

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 Jan 2013

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 Jan 2013

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.


Book Review Of The Impossible State By Wael Hallaq, Lama Abu-Odeh Jan 2013

Book Review Of The Impossible State By Wael Hallaq, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

In his book The Impossible State, Wael Hallaq argues that the modern state is a bad fit for Muslims. This is so because the paradigm of Islamic Governance, developed through centuries of Islamic rule, and the modern state of the West are incompatibles if not altogether contradictory. The modern state, a European invention and an expression of the unique unfolding of Europes history, being premised on the deep penetration by the nation state of its population, a separation of powers between the executive, legislative and the judiciary that is always faltering, a separation between …