Religion Law Commons^™

Religiously Motivated Conduct And The Reasonable Accommodation Requirement Under Title Vii: A New Framework For Analysis, Robin Knauer Maril

Villanova Law Review (1956 - )

No abstract provided.

Equal, But Only Conceptually: Explaining The Phenomenon Of Religious Losses In Contemporary Canadian Constitutional Cases Involving Conflicting Rights, Mike Madden

Dalhousie Law Journal

If there is no hierarchy of rights in Canada, then why does freedom of religion so often seem to lose in cases of conflicts with other rights? This article discusses five recent Canadian cases (involving same-sex marriages, controversial medical practices, the wearing of a niqab, and a Christian university’s sexual conduct policy) in order to expose how the courts regularly characterize freedom of religion as being conceptually equal to other rights, before ruling against freedom of religion on the facts of the particular cases. This phenomenon within Canadian rights jurisprudence is then justified within the article by reference to a …

Islamist Terrorism And The Classical Islamic Law Of War, Joseph Hoelz

International Law Studies

Islamist terrorists have had a large influence on U.S. foreign and domestic policy for more than twenty years, and yet policy makers, legal practitioners, and the public know very little about what motivates these violent extremist organizations. A primary unifying principle among the various Islamist terrorist groups is their desire to return to a religiously ordered State, justified and based upon their interpretation of the Shari’a, or Islamic law. This article explores the Islamist terrorist interpretation of Shari’a law and how it generally contradicts that of mainstream Islamic scholars. The article begins with a review of the primary and secondary …

Islamic Inheritance Law Reform: The Problem Of Orphaned Grandchildren's Inheritance Rights, Salah Hesham Hamouda

Archived Theses and Dissertations

Islamic inheritance law excludes orphaned grandchildren from inheriting a share of their grandparent's estate in the event of surviving uncles and aunts under the rule that the nearer in degree excludes the more remote. For centuries, this prohibition has prevented orphaned grandchildren from inheriting a share of their grandparent's estate. Mediaeval Islamic juridical treatises claimed that inheritance law's provisions are the final dictate of God and their authority cannot be questioned. States have tried to resolve the conflict between the provisions of Islamic law and social needs by adopting various devices of reform such as ijtihad, taqlid, takhayyur, and talfiq. …

Beyond The Public Square: Imagining Digital Democracy, Mary Anne Franks

Articles

To create online spaces that do not merely replicate existing hierarchies and reinforce unequal distributions of social, economic, cultural, and political power, we must move beyond the simplistic clich6 of the unregulated public square and commit to the hard work of designing for democracy.

When we say 'public square,' ... we need to ask- who or what is this public? Who owns this space, what makes it public? . . . This is the essence of democracy: the ability to question power, and the power to do so. - Tom Wilkinson

Does A State Violate Rluipa By Prohibiting An Inmate's Pastor From Laying Hands On Him And Audibly Praying During The Execution Process?, David L. Hudson Jr.

Law Faculty Scholarship

This article examines Ramirez v. Collier, a United States Supreme Court case addressing the scope of religious liberty protections afforded to death-row inmates under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The case centers on whether Texas prison officials violate RLUIPA by prohibiting an inmate’s pastor from laying hands on him and praying audibly during the execution process. The dispute requires the Court to evaluate (1) whether such prohibitions substantially burden sincerely held religious beliefs, (2) whether the state satisfies RLUIPA’s strict scrutiny standard by demonstrating a compelling governmental interest advanced through the least restrictive …

Divine Intervention, Part Ii: Narratives Of Norm Entrepreneurship In Canadian Religious Freedom Litigation, Kathryn Chan, Howard Kislowicz

Dalhousie Law Journal

Constitutional litigation has become a central arena for debate about human rights. Groups from all points on the political spectrum have turned to legal advocacy, “intervening” in judicial proceedings in an effort to advance their preferred interpretations of particular rights.

Judges and scholars remain divided on whether and how interveners are valuable. This paper evaluates a main rationale for intervention: interveners improve adjudication by enriching courts’ understandings of the issues before them. We use qualitative analysis to examine the extent to which interveners in Canada have succeeded in contributing to judicial pronouncements on the scope and meaning of religious freedom. …

Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock

Articles

This Article reviews the U.S. Department of Justice's toolbox for handling potentially privileged materials, with close attention to the evolution from filter teams to the Special Matters Unit in fraud prosecutions. Significant case opinions from the U.S. Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits reveal the judiciary's diverse views on filter teams. The recent case of United States v. Esformes in the U.S. District Court for the Southern District of Florida, now on appeal to the Eleventh Circuit, illustrates how a filter team can fall short and draw unflattering attention to the Department of Justice. In the …

Lgbtqia+ Public Accomodation Cases: The Battle Between Religious Freedom And Civil Rights, Jamie Reinah

Fordham Law Review

Protections for LGBTQIA+ Americans have greatly expanded since the U.S. Supreme Court recognized marriage equality in Obergefell v. Hodges, but the debate about whether business owners can refuse to serve LGBTQIA+ couples on religious grounds has grown more bitterly divided. The free exercise of religion is a fundamental constitutional right, and it is strongly protected at both the federal and state levels. At the same time, LGBTQIA+ couples are protected from receiving unequal treatment in public places under state antidiscrimination laws. The clash between religion and LGBTQIA+ rights has culminated in a line of cases that present difficult questions …

Status Sopir Selamat Dalam Kecelakaan Kendaraan Tunggal Yang Menyebabkan Korban Jiwa (Perspektif Al- Jinayah ‘Ala An-Nafs Al-Insaniyyah), Maudyna Maudyna, Fahrul Fauzi

Journal of Islamic Law Studies

Vehicle accidents are one of the causes of the loss of a person's life. Vehicle accidents often occur where the driver as the party driving the vehicle survives while the passenger dies. This condition causes the driver's status to be named as a suspect in accidents that occur. This study analyzes the status of the driver who survived a single-vehicle accident that caused fatalities in the perspective of al-jinayah 'ala an-nafs al-insaniyyah. This study uses normative legal research methods with qualitative data analysis methods. The results of this study are that the crime of murder in Islamic criminal law is …

Merespon Lgbtiq Ditinjau Berdasarkan Hukum Pidana Islam, Muhammad Furqan Sultan Deyis, Kemal Azizi

Journal of Islamic Law Studies

Lesbian, Gay, Bisexual, Transgender, Intersexual, Queer (LGBTIQ) is a phenomenon that spreads in the modern era as a form of sexual deviation which is strongly influenced by wrong parenting, inadequate Islamic religious education, bad social relations, and factors from poor information and communication obtained from social media. The growth and development of children include important aspects that must be balanced and directed proportionally. Aspects of children's growth and development include: spirituality (faith), physical (physical), psychological (psychic), intellectual, emotional, moral, social, sexual, and economic should be balanced with each other. If parents and teachers can balance these aspects of education, understanding …

Pandangan Hukum Positif Dan Hukum Pidana Islam Mengenai Penganiayaan Hewan: Studi Kasus Penganiayaan Anjing Di Kabupaten Aceh Singkil Pembukaan Wisata Halal, Eva Nurhafiah Salsabilah, Moh. Yuflih Huda Maheswara

Journal of Islamic Law Studies

One of the essential sectors that drive the national economy is the tourism sector. Nowadays, the halal tourism sector (halal tourism) is starting to be developed in various countries. In Indonesia, the government coordinates with various parties for the realization of halal tourism which is starting to develop in various regions, including Aceh. One of the events that attracted attention related to halal tourism was the case of persecution of dogs by the apparatus in Aceh Singkil Regency. The rise of this news prompted the local government to form an investigative unit to investigate the alleged abuse of the animal. …

Tinjauan Yuridis Penggunaan Dinar Dan Dirham Di Indonesia (Studi Kasus Putusan 202/Pid.Sus/2021/Pn.Dpk Tentang Pasar Muamalah), Nabila Nabila, Diah Arini

Journal of Islamic Law Studies

For centuries, the dinar and dirham have been recognized as the most stable and sharia-compliant official trading instruments. In Indonesia, dinars and dirhams may be used with specific qualifications. However, the precedent for arresting scholar Zaim Saidi for organizing a muamalah market using dinar-dirham is a bad practice of punishing innovation in the use of dinar-dirham, which reduces the development of the sharia economy in Indonesia. The acquittal of the Depok District Court (PN) No. 202/Pid.Sus/2021/PNDpk proves the ignorance of the state (in this case, the police and the prosecutor's office) regarding the concept of using dinars and dirhams themselves. …

Optimalisasi Lembaga Amil Zakat Untuk Penyaluran Zakat Bagi Golongan Gharimin, Annisa Sucita Fitri

Journal of Islamic Law Studies

Gharimin or people who carry debts are one of eight groups who are entitled to receive zakat distribution (asnaf). Gharimin with certain criteria, in principle, will be helped to pay off their obligations through the receipt of zakat. However, there are many gharimin who have to get back into new debt or loans, either conventional or online loans, which threaten them to pay big interest. It was later discovered that zakat receipts by the Amil Zakat Institution (LAZ), especially those that would be distributed to the mustahik of the Gharimin group, were still not maximized, so high-interest loans were still …

Peran Zakat Produktif Dalam Kesejahteraan Ekonomi Masyarakat: Komparasi Badan Amil Zakat Milik Negara Dan Swasta, Satrio Alif Febriyanto

Journal of Islamic Law Studies

Zakat is one of the main obligatory worship services that is carried out by giving some of the assets owned by a person to those entitled to receive it with the aim of realizing social justice in the community. With its form of giving, zakat is often considered to only be able to provide momentary benefits that tend to be consumptive. However, zakat can also be in the form of gifts that can provide long-term benefits that tend to be productive. The comparative study between state-owned and private institutions on the management of productive zakat is intended to find out …

Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar

Brooklyn Law Review

Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …

Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng

SLU Law Journal Online

The Seventh Circuit case of Demkovich v. St. Andrew the Apostle Parish applied the ministerial exception to bar a fired minister’s claim of a hostile work environment. In this article, Yiting Feng lists the reason why she disagrees with the majority opinion and leans towards the dissenting opinion.

An Extended Essay On Church Autonomy, Carl H. Esbeck

Faculty Publications

The doctrine of church autonomy has its own exclusive line of precedent running from Watson v. Jones (1872) through Kedroff v. St. Nicholas Cathedral (1952) - where the doctrine was first recognized as having First Amendment stature - and culminating with renewed vigor for religious institutional autonomy in the unanimous decision of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012). Attention to church autonomy has expanded rapidly since the Supreme Court’s decision in Hosanna-Tabor, and its scope is much disputed as it pushes aside other claims and interests. In its most familiar form—the “ministerial exception” - it is …

Why 9/11 Matters To Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed why 9/11 matters to Singapore. He opined that when it comes to countering the terrorist threat, civil society has an important role to play in strengthening inter-faith engagement and understanding.

A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar

Pepperdine Law Review

The world is currently experiencing an unprecedented displaced persons crisis. There are more than 70 million people worldwide who have been forcibly displaced from their homeland and are in search of a new country in which to settle. There is no international appetite to absorb these people. There is only one legal pathway by which displaced people can claim an entitlement to settle in another country. This is pursuant to the Refugee Convention. More than 140 countries including the United States are signatories to this convention. The difficulty experienced by displaced people is now particularly acute so far as entry …