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Religion-Based Claim in Abuse Case Wisely Pierced by Appeals Court

By: Abed Awad, Esq. The three-judge panel held on July 23 in S.D. v. M.J.R , A-6107-08, that the defendant’s nonconsensual sexual intercourse with his wife was “unquestionably knowing, regardless of his view that his religion permitted him to act as he did.” The ruling is a good first step toward undoing a misperception that […]

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Who Says Shari’a Demands the Stoning of Women? A Description of Islamic Law and Constitutionalism

By: Asifa Quraishi-Landes “I titled this presentation “Who Says Shari’a Demands the Stoning of Women?” And I mean the “who says” in a couple of different ways. First, quite literally: “Who says?” “Who says that?” I think it’s pretty easy to think about the question and say, well, it’s in the news. In the news,

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An Islamic Perspective on Domestic Violence

By: Azizah al-Hibri, Esq. Al-Hibri presents a holistic analysis of the “Chastisement Verse” (4:34), grounded on the Qur’an’s egalitarian and harmonious vision of gender relations.   Invoking the core principle of Islamic monotheism, tawhid, and the principles of diversity and harmony evident in the Qur’an, al-Hibri describes a Qur’anic worldview in which God’s will is supreme

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Her Honor: An Islamic Critique of the Rape Laws of Pakistan from a Woman-Sensitive Perspective

By: Asifa Quraishi-Landes “I remember as a child having to describe Pakistan as that small country next to India. I haven’t used that description in a long time. By now, Americans have heard of Pakistan, and the reference is no longer exotic. Instead, the name conjures up confused images of women and non-Muslims in a

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Shafii Qawaid Fiqhiyya: ‘Al-‘Ada Muhakkama’ (Fourth/Tenth to Tenth/Sixteenth Century)

By: Noha Adel Bakr ” Muhammad ibn Idris al-Shafii” (d. 204/820) was one of the most influential theoreticians of Islamic law during his time and remains so to the present day. As a student, then critic, of the two leading legal minds of his time, namely, Muhammad al-Shaybani and Malik ibn Anas, al-Shafii”presented a middle

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Hanafi Qawaid Fiqhiyya: ‘Al-Ada Muhakkama’ (Fourth/Tenth to Tenth/Sixteenth Century)

By: Noha Adel Bakr ” In this chapter, we will examine the Hanafī school’s perspective on ‘āda through the general principle ‘al ‘āda muhakkama’, or ‘custom is an arbiter’ from the earliest qawā’ id sources through those of the tenth/sixteenth century.”

Hanafi Qawaid Fiqhiyya: ‘Al-Ada Muhakkama’ (Fourth/Tenth to Tenth/Sixteenth Century) Read More »

Āda and ‘Urf in Hanafi and Shafii” Fiqh

By: Noha Adel Bakr ” In this chapter, I have briefly traced the position of custom, or ‘Urf, in the Islamic legal tradition from it’s inception through the mid-seventh/ thirteenth century. Throughout this period, the use of custom went through two important stages of legal development. The first stage was the absorption of pre-Islamic customs

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