A case I handled many years ago where I was successful in setting aside a default money judgment. Federal court vacated the default judgment for improper service because under Egyptian law, service of process must be through the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.
Justin Elliot and I sit down to discuss what the Sharia actually means, and its varying implications in American 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.
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
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.
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.
Posted on June 17, 2012 – By Abed & Noura – “The True Story of Sharia in American Courts” – By Abed Awad Published in The Nation magazine on June 13, 2012 To read this article, click here.
Posted on August 11, 2012 – By Abed & Noura – Why this controversy over Shariah? Wait…Shariah?!? What's that? Co-founder of ShariaInAmerica.com and well-known attorney Abed Awad breaks it down for you. Watch here.
Posted on February 3, 2012 – By belujol – JURIST Guest Columnist Abed Awad, a Partner at Awad & Khoury, LLP says that while US courts routinely encounter cases where implementing certain principles of Sharia is required, the hysteria surrounding the “intrusive” role of Sharia in US courts is extr...