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| Author | : Lee Owen Rooney |
| Publisher | : |
| Total Pages | : 84 |
| Release | : 2020 |
| Genre | : |
| ISBN | : |
Download The Application of Islamic Law in the Courts of the United States Book in PDF, ePub and Kindle
The issue of how U.S. courts should apply Islamic law is complicated by the various meanings that can be ascribed to the term Islamic law. Generally, it refers to any law that has a foundation in the Islamic religion, but to be more precise, it usually refers to the national laws that apply in any of the Muslim-majority countries. As there are many such countries, there are many different versions of Islamic law. Additionally, it can refer to religious law that governs the relationship between Muslims and God. When a U.S. court is confronted with an issue that requires the application of Islamic law, the court first needs to determine what type of Islamic law is before it. When the Islamic law is that of a nation-state, the court should use the method as described in Federal Rules of Civil Procedure 44.1 to determine the relevant substantive law of the foreign law to be applied and then do so. Even though such a national law is founded on religious precepts, the fact that it is a foreign law allows it to be applied in U.S. courts. If on the other hand, Islamic law refers to religious law that parties have voluntarily agreed to be bound by, then the courts need to approach it similarly to other religious law. The court would need to apply the religious law to the extent that it can do so using the neutral principles of law that do not depend upon making determinations as to doctrinal issues. This report deals with the application of Islamic law while examining contract and tort cases meeting choice-of-law rules as well as Islamic marriage contracts. The use of Islamic law in this country’s forums is inconsistent demonstrating an uneasiness to engage in such cases by the nation’s factfinders. This variability should stabilize as increasing numbers of cases involving Islamic law are heard
| Author | : |
| Publisher | : DIANE Publishing |
| Total Pages | : 23 |
| Release | : 2012 |
| Genre | : |
| ISBN | : 143798777X |
Download Application of Religious Law in U.S. Courts: Selected Legal Issues Book in PDF, ePub and Kindle
| Author | : Anthony Marcus |
| Publisher | : |
| Total Pages | : 472 |
| Release | : 2020 |
| Genre | : Christianity and other religions |
| ISBN | : |
Download Treatments of Islamic Law "Sharia" in California State Courts Book in PDF, ePub and Kindle
This study examines the treatment of the Islamic Law in the United States Courts for selected areas of the law pertinent to the Sharia application within the State of California. The study contrasts the application of the Sharia by the American judges and compares the outcome to the Islamic law rules. The data comes from the California Superior and Appellate courts' records, a combination of the published and the unpublished cases that interacted with the Islamic law on one level or another, directly or indirectly. This led the California court to explore the factual allegation of the Islamic law topics presented in the process of understanding the evidence submitted. The study uses comparison-based methods to analyze the data in order to understand how the American courts treat Islamic law with the First Amendment of the United States Constitution in mind. The main finding of this study supports my central argument that the United States judges do not analyze or apply the rules of Sharia, but they are equipped to protect the Constitution from any foreign or demotic religious law. The outcome of the clash between the two legal systems impacts the Muslim immigrants to the United States on many different levels: it deprives them of the application of their divine law, impacts their religious practice, and impacts them socially, based on whether they assimilate or resist the United States legal system. This study contributes missiologically by bridging understanding to each side of the two competing legal systems by explaining one to the other. This understanding promotes peacemaking initiatives in the light of a lucid view to the role of Sharia in the lives of our Muslim neighbors in contrast to the stereotype promulgated by the media about Sharia and Muslims, and in turn, this clarity will encourage the American society to extend hospitality to our Muslims neighbors.
| Author | : Lawrence Rosen |
| Publisher | : University of Chicago Press |
| Total Pages | : 293 |
| Release | : 2018-03-13 |
| Genre | : Law |
| ISBN | : 022651174X |
Download Islam and the Rule of Justice Book in PDF, ePub and Kindle
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
| Author | : Majid Khadduri |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 416 |
| Release | : 2008 |
| Genre | : Islamic law |
| ISBN | : 1584778644 |
Download Origin and Development of Islamic Law Book in PDF, ePub and Kindle
The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.
| Author | : Haider Ala Hamoudi |
| Publisher | : Aspen Publishing |
| Total Pages | : 929 |
| Release | : 2018-02-28 |
| Genre | : Law |
| ISBN | : 1454898445 |
Download Islamic Law in Modern Courts Book in PDF, ePub and Kindle
Islamic Law in Modern Courts provides an easily accessible introduction to Islamic law written specifically for law students and legal professionals, and designed to be taught not only by Islamic law specialists, but also by those working in related fields such as law and religion or comparative legal systems. Framed as a casebook, the text uses translations of judicial decisions involving real-world legal disputes to present a picture of Islamic law as it is actually applied in the contemporary world. The casebook draws on material from a variety of countries but focuses primarily on two jurisdictions. Cases from Indonesia exemplify the law of the majority Sunni branch of Islam, while cases from Iraq reflect the influence of both Sunni and Shi’a law. The casebook begins with a brief introduction to the religion of Islam and the sources, methods, and historical development of Islamic law. Four substantive law chapters cover the main subjects over which Islamic law continues to exert significant influence. These include inheritance law, the law of marriage and divorce, Islamic finance and charitable foundations, and Islamic criminal law. A final chapter examines constitutional adjudication of issues related to Islamic law. Key Features: Examines Islamic law as state law that is enforced by national courts but with roots in and ongoing connections with the rich classical tradition. Designed for use by both experts in Islamic law as well as faculty who have an interest in Islamic law but lack extensive background in the subject. Cases are accompanied by commentary that explains and situates the doctrine applied in the decision and suggests questions for classroom discussion. The five substantive law chapters are self-contained units that permit instructors to design a course that focuses on subject areas of particular interest.
| Author | : Center for Security Policy |
| Publisher | : Center for Security Policy |
| Total Pages | : 74 |
| Release | : 2014-12-11 |
| Genre | : |
| ISBN | : 9780692345559 |
Download Shariah in American Courts Book in PDF, ePub and Kindle
This monograph is one of a series of Civilization Jihad Readers being published by the Center for Security Policy Press. Each monograph in this series assesses its own aspect of the various methods by which the Muslim Brotherhood conducts civilization Jihad in America. This report, an update from the Center's original work in 2011, demonstrates that Islamic Law (Shariah) continues to grow right here in America, threatening especially Muslim women and children, many of whom fled their homelands to escape the inequalities and individual liberty-crushing strictures of that foreign legal system. This monograph also provides both insight into the Muslim Brotherhood-connected organizations hard at work to maintain the expansion of Shariah, as well as a proven method by which American policymakers can halt this assault on the supreme law of this land - America's Constitution.
| Author | : Kathleen Moore |
| Publisher | : Oxford University Press |
| Total Pages | : 208 |
| Release | : 2010-03-18 |
| Genre | : Religion |
| ISBN | : 0199741840 |
Download The Unfamiliar Abode Book in PDF, ePub and Kindle
Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic communities. Western Muslims are therefore faced with the necessity of developing an Islamic law for Muslim communities living in non-Muslim societies. In this book, Kathleen Moore explores the development of new forms of Islamic law and legal reasoning in the US and Great Britain, as well the Muslims encountering Anglo-American common law and its unfamiliar commitments to pluralism and participation, and to gender, family, and identity. The underlying context is the aftermath of 9/11 and 7/7, the two attacks that arguably recast the way the West views Muslims and Islam. Islamic jurisprudence, Moore notes, contains a number of references to various 'abodes' and a number of interpretations of how Muslims should conduct themselves within those worlds. These include the dar al harb (house of war), dar al kufr (house of unbelievers), and dar al salam (house of peace). How Islamic law interprets these determines the debates that take shape in and around Islamic legality in these spaces. Moore's analysis emphasizes the multiplicities of law, the tensions between secularism and religiosity. She is the first to offer a close examination of the emergence of a contingent legal consciousness shaped by the exceptional circumstances of being Muslim in the U.S and Britain in the 1990s and the first decade of the 21st century
| Author | : Salim Farrar |
| Publisher | : Routledge |
| Total Pages | : 215 |
| Release | : 2016-07-15 |
| Genre | : Law |
| ISBN | : 1317964225 |
Download Accommodating Muslims under Common Law Book in PDF, ePub and Kindle
The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
| Author | : Peter Hammond |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2021-06-10 |
| Genre | : Slavery |
| ISBN | : 9780980263992 |
Download Slavery, Terrorism and Islam - The Historical Roots and Contemporary Threat Book in PDF, ePub and Kindle
Dr. Peter Hammond's bestselling book: SLAVERY, TERRORISM & ISLAM - The Historical Roots and Contemporary Threat is a fascinating, well illustrated and thoroughly documented response to the relentless anti-Christian propaganda that has been generated by Muslim and Marxist groups and by Hollywood film makers. As Karl Marx declared: "The first battlefield is the re-writing of History!" Slavery, Terrorism and Islam was first published in 2005 and quickly sold out. It earned Dr. Peter Hammond a death threat "Fatwa" from some Islamic radicals. We have included the story of that in an appendix of this book. Slavery, Terrorism & Islam sets the record straight with chapters on "Muhammad, the Caliphas and Jihad", "The Oppression of Women in Islam", "The Sources of Islam" and "Slavery the Rest of the Story". With over 200 pictures, maps and charts, this book is richly illustrated. It consists of 16 chapters and 13 very helpful appendixes including demographic maps of the spread of Islam, a Glossary of Islamic Terms, a comparison of Muslim nations' military spending vs. their national prosperity, a chart on how Jihad works depending on the percentage of Muslims in the population and guidelines for Muslim evangelism.
