In this article, I analyze an appellate decision and discuss a domestic violence case wherein the husband claimed it was in his religious rights to force nonconsensual sexual relations on his wife. This perception is woefully wrong - Muslim culture and Islamic law does not condone violence against women, and in fact historically Muslim women have fared far better than their European counterparts in marriage and divorce, property ownership, education, and societal influence.
Oklahoma Amendment is Unconstitutional: Barring Courts from Considering Shariah Law Violates the Supremacy Clause and the First Amendment
In 2010, Oklahoma passed an amendment to its Constitution that provides: "Courts shall not look to the legal precepts of other nations or cultures. Specifically, the Court shall not consider international law or Sharia law." This amendment, which faced immediate preliminary injunction, is unconstitutional on its face.
Robert E. Michael and I do a comparative review of classical Islamic law and modern bankruptcy laws
Justin Elliot and I sit down to discuss what the Sharia actually means, and its varying implications in American courts.
The case of Mussa v. Palmer-Mussa, North Carolina (2011) is not unique. Cases around the country for years have handled the intricate issues involved with divorcing husbands and wives who were married religiously, but did not obtain a state marriage license. These marriages are considered completely void in some states, and voidable in others.
Islamic law provides three primary methods to dissolve a marriage: talaq, faskh/tafriq, and khula. What does revocable and irrevocable talaq mean? For a breakdown of these three methods of divorce
The Marriage Contract, the mahr, the religious ceremony - all different aspects of Islamic marriage. For a detailed look into each and how they come together to form a marriage
Want more information on Islamic family law? Would you like to understand how it is applied in American family courts?
This question pops up quite frequently in immigration matters, specifically in refugee and asylum cases from Muslim-majority countries. While each country's stance may be slightly different, the Qu'ran and the Sunnah both mention apostasy, and are therefore a basis for Islamic law.
With the criminal organizations like ISIS and misinformation from Islamophobia, jihad has been mired in negativity and falsehoods. Jihad is not "holy war," a term associated with carnage and terrorism. Jihad really means the striving, effort, and exertion to do good.
A breakdown of the history of veils in the major religions - Islam, Christianity, and Judaism
Islamophobia and the anti-Shari'a movement in America has been a problem for decades. I expose the rhetoric and ignorance of prominent anti-Shari'a proponents, like Newt Gingrich
In 2016, the American Civil Liberties Union, on behalf of a Muslim inmate, filed suite against the Boone County Sheriff. The case, Gannon Thoams v. Boon County Sheriff, No. 1:16-cv-2189, alleged that the Sheriff refused to provide Mr. Thomas with Halal food, such denial having violated his First Amendment rights and Indiana's Religious Freedom Restoration Act, Indiana Code § 34-13-9-0.7, et seq.
Egyptian law is the most developed law among the Arab countries. Egypt adopted a Civil Code based on the French Code in the 1940s
I handled a case just a few years ago in New York, where a husband attempted to claim his Egyptian talaq (divorce/repudiation) deferred the Plaintiff/wife's divorce claims to the Family Court in Egypt.
The Dubai legal system is a civil law system based on Egyptian law, Civil Law (French), and Islamic Law (Sharīʿa).
Abed Awad weighs in on the Kansas Superior Court's discussion of mahr and Kansas's anti-Shari'a legislation in Soleimani v. Soleimani, 2012 WL 3729939 (Kansas Superior Court, 2012).
The United Arab Emirates (U.A.E.) is a federation of seven emirates - Abu Dhabi, Dubai, 'Ajman, Al Fujayrah, Al-Shariqah, Umm al Qaywayn, and Ras al Khaymah.
There are numerous Sharia-compliant options to finance not-for-profit religious organizations without risking an organizations' tax-exempt status.
Maḏāhib (maḏhab singular) are Sharīʿa doctrinal schools. In the 7th century, Muslim juristic knowledge started as study circles (halaqas) in which a pious Muslim scholar – surrounded by people – would debate religious issues and teach interested students. Without an ecclesiastical hierarchy, there was no institutional monopoly over divine truth or divine intent by any scholar. This environment fostered and actually encouraged different interpretations of the law. The knowledge and production of legal doctrine began in these circles that gave birth to the Maḏāhib (Sharīʿa doctrinal schools).
The Ummah as Formed, Lived, and Practiced by the Prophet Muhammed is the Way to End Anti-Black Racism in the Muslim Community
America is on a precipice. Racism in America is systemic, deeply embedded, and very real. As the country rallies together to fight this systemic racism, hundreds of mosques across America are dedicating their sermons to denouncing racism in America, and in their own communities.
The two primary sources of Islamic law are (1) the Quran; and (2) the Sunna. The Quran is the Muslim’s Holy Scripture. It is a compilation of revelations - the Word of God - received by the Prophet Mohammad (PBUH) beginning in 610 A.D. The Sunna is essentially the prophetic example embodied in the sayings, conduct, and traditions of the Prophet (PBUH).
The Sharia Moral Epistemology is More Progressive, Nuances, and Understanding of a Woman's Right to Terminate her Pregnancy than the Supreme Court's conservative justices
In June, the Supreme Court struck down Louisiana's abortion restrictions. The Sharia moral epistemology anchored the development of Islamic law upon social, cultural, and familial circumstances. This allowed for grey area, wiggle room, and nuance. I examine the varying scholarly opinions
Sharī‘a is the Muslim’s moral code or guide based on the principles of the Qur’an and the example of the Prophet Muhammad (PBUH). It is the Islamic epistemology or methodology to find God’s moral guide to ethical living.
This year marks the 100th anniversary of the ratification of the 19th Amendment, guaranteeing women the right to vote. I reflect on gender equitable principles essential to freedom and democracy...