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Religion-Based Claim in Abuse Case Wisely Pierced by Appeals Court

Posted by Administrator | Nov 30, 2020 | 0 Comments

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

Posted by Administrator | Nov 23, 2020 | 0 Comments

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.

Does Islam Really Condemn Converts to Death?

Posted by Administrator | Oct 05, 2020 | 0 Comments

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.

Does a Muslim Inmate Have a First Amendment Right to a Halal Meal?

Posted by Abed Awad | Sep 07, 2020 | 0 Comments

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.

What are Sharī‘a doctrinal schools or maḏhab?

Posted by Administrator | Aug 13, 2020 | 0 Comments

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).

What are the sources of Sharī‘a?

Posted by Administrator | Aug 06, 2020 | 0 Comments

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

Posted by Abed Awad | Aug 03, 2020 | 0 Comments

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

What is Sharī‘a?

Posted by Administrator | Jul 30, 2020 | 0 Comments

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.

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