By: Azizah al-Hibri, Esq. Recent developments in the Arab World, especially those surrounding the Gulf War, prompted demands for the introduction of democratic changes to systems of government in that region. These demands spurred a broad-based debate among Muslims concerned about the correct Islamic point of view on the subject. This article contributes to the […]
Islamic Constitutionalism and the Concept of Democracy اقرأ المزيد »
By: Asifa Quraishi-Landes Can interpreting the Qur’an be anything like interpreting the Constitution? These documents are usually seen to represent overwhelming opposites in our global legal and cultural landscapes. How, after all, can there be any room for comparison between a legal system founded on revelation and one based on a man-made document? What this
By: Azizah al-Hibri, Esq. Islam is commonly viewed in the West as being incompatible with democracy. It is also viewed as an “Oriental” religion that has spawned violence and encouraged human rights violations. Because of the historical interaction between the West and Islam, the United States has recently been supporting efforts to export its democratic
Islamic & American Constitutional Law by Dr. Azizah al-Hibri اقرأ المزيد »
By: Amr Abdalla “The purpose of this paper is to discuss potential principles for interpersonal dispute resolution models within an Islamic context. Such a task requires an Islamic researcher to walk a fine line in order to avoid falling in one of two methodological traps. The first trap is to draw upon western literature on
Principles of Islamic Interpersonal Conflict Intervention اقرأ المزيد »
By: Azizah al-Hibri, Esq. The Madinah Charter was executed by the Prophet Muhammad (PBUH) on the one hand, and the various Muslim and Jewish tribes on the other. He had immigrated to Madinah, upon the invitation of its community, because his life was being threatened in Makkah due to his religious beliefs. The Madinah community
The Charter of Madinah and Religious Freedom اقرأ المزيد »
By: Mohammad Hashim Kamali “One of the manifestations of personal liberty is the freedom of the individual to profess the religion of his or her choice without compulsion. Everyone must also have the freedom to observe and to practice their faith without fear of, or interference from, others. Freedom of religion in its Islamic context
“Freedom of Expression in Islam” by Mohammad Hashim Kamali اقرأ المزيد »
By: Mohammad Hashim Kamali “Compared to other themes of Islamic constitutional law, the subject of fundamental rights and liberties has received little attention in the works of the early ulema. When we look, for example, at Kitab al-Ahkam al-Sultaniyyah of Abul Hasan al-Mawardi (d. 450 A.H) or Al-Siyasah al-Shar’iyyah of Ibn Taymiyyah (d. 728 A.H) we find that they
Freedom of Association: The Islamic Perspective اقرأ المزيد »
By: Muqtedar Khan Muslims and Christians together constitute over 50 percent of the world. If they lived in peace, we would be halfway to world peace. One small step we can take towards fostering Muslim-Christian harmony is to tell and retell positive stories and abstain from mutual demonisation. I propose to remind both Muslims and
Prophet Muhammad’s Promise to Christians اقرأ المزيد »
By: Abed Awad, Esq. As attorneys, we have an obligation to correct the truth about the role of any foreign law in our system. It is always subject to the limits of the Constitution. That is the law of the land. The politicization of this issue is undermining the integrity of our judicial system and
Negative Connotations Surrounding Sharia Must be Dispelled اقرأ المزيد »
By: Abed Awad, Esq. On Election Day, the Oklahoma voters passed an amendment to the Oklahoma Constitution that provides that the “Courts shall not look to the legal precepts of other nations or cultures. Specifically, the Court shall not consider International law or Sharia law,” dictates the amendment. This amendment is unconstitutional on its face,
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