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An Introduction to the Study of Al-Qawaid Al-Fiqhiyya

By: Noha Adel Bakr ” The earliest phase of jurisprudential development in the Islamic context is characterized by a shift in focus from the Qurʾān to the sunna of the Prophet Muhammad as the preeminent source of guidance in legal matters facing the Muslim community. This shift mirrors and anticipates a similar shift in the […]

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Reinterpreting the Guardian’s Role in the Islamic Contract of Marriage: The Case of the Maliki School

By: Mohammad Fadel This Essay takes a critical look at a doctrine that is often cited – by Muslims and non-Muslims alike – as indicative of Islamic law’s systematic gender discrimination in favor of men and against women: the legal requirement that a Muslim woman, prior to her marriage, must gain the permission of her

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Chipping Away at Divorce Quagmire For Muslim and Jewish Women

By: Abed Awad, Esq. Our country needs a legal remedy to protect women within our secular legal system. The U.S. Supreme Court anchors its separation of church and state jurispru­dence in elaborate balancing tests. To best serve our clients, lawyers must balance the secular, legal remedies with our clients’ religious requirements.

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Understanding Trends in American Muslim Divorce and Marriage

By: Julie Macfarlane The primary objective of the study was to document, using a qualitative, interview-based approach, how North American Muslim communities manage divorce. Specifically, the study explores Islamic approaches to marriage, reconciliation, and divorce and the meaning and significance they retain for Muslims in North America. Men and women who had experienced religious divorce

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Marriage in Pakistan – Divorce in Maryland – A Sequel (2009)

By: John Mansfield “At the Karamah program a year ago, I gave a talk with the same title–“Marriage in Pakistan – Divorce in Maryland”- about the case – Aleem v. Aleem – just then handed down by Maryland’s highest court, the Maryland Court of Appeals. I hope to approach this same case with more information and new insights into

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Marriage in Pakistan – Divorce in Maryland (2008)

By: John Mansfield “Aleem v. Aleem is a recent case from Maryland’s highest court, the Maryland Court of Appeals. Husband and wife were married in Pakistan in a ceremony that complied with the Pakistan Muslim Family Laws Ordinance. After three days, the marriage was registered. At the time of the marriage the husband was twenty-nine

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General Recommendations by KARAMAH, New Cedaw Concept Paper: “Economic Consequences of Marriage and its Dissolution

“This paper is a collection of detailed comments on the proposed CEDAW General Recommendation on the Economic Consequences of Marriage and its Dissolution (The Concept Note) currently being circulated by the CEDAW Committee at the United Nations. KARAMAH hopes that its comments will facilitate a thorough critique by Muslim delegations of The Concept Note which is

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Family Planning and Islamic Jurisprudence

By: Azizah al-Hibri, Esq. “To understand the fullness of the Islamic position on family planning, we need to look more carefully at the total picture. Its departure point, of course, is to encourage the life principle. Hence, the Prophet’s exhortation to multiply and the Qur’anic prohibition of infanticide, a wide-spread pre-Islamic practice involving born children which was

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