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Case Studies

Case studies are provided as a brief overview of how different courts in the U.S. have decided on matters relating to Islamic Law.   Each case was selected for the presence of Islamic Law issues or related issues dealing with religious law or documents.  The summaries provided are for informational purposed only.  They do not reflect the opinions of attorneys, and are not intended as legal advice.

These cases are a growing collection, and we appreciate suggestions for additional cases.  If you know of a case that you would like to see added, please contact us. The case does not need to be limited to the existing topics.

Arain v. Arain

The court denied Father’s petition seeking a change of physical custody of daughter for lack of evidence that the Mother had violated a divorce decree with the order that the child must be raised in accordance with the Muslim faith.

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Akileh v. Elchahal

The court held that the “sadaq” (mahr) agreement between Husband and Wife was in effect an Islamic antenuptial contract valid and enforceable on its terms based on neutral principles of contract law.

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Jabri v. Jabri

The Court refused to mandate religious upbringing in Islam for the children where there was no written agreement between the father and the mothers.

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Amin v. Bakhaty

The Court, in favor of the Mother, affirmed that it was in the best interests of her son to remain with her. The court affirmed the lower court’s refusal to defer to the Egyptian courts in the custody matter.

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Ahmad v. Naviwala

The court granted the Mother custody of four children after the Father sought to remove the Mother from the children’s lives.

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