Research

Islamic Constitutionalism and the Concept of Democracy

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 […]

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Interpreting the Qur’an and the Constitution: Similarities in the Use of Text, Tradition, and Reason in Islamic and American Jurisprudence

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

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Islamic & American Constitutional Law by Dr. Azizah al-Hibri

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

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Principles of Islamic Interpersonal Conflict Intervention

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

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“Freedom of Expression in Islam” by Mohammad Hashim Kamali

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

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Freedom of Association: The Islamic Perspective

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

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Oklahoma Amendment is Unconstitutional: Barring Courts From Considering Shariah Law Violates the Supremacy Clause and the First Amendment

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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