Research

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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What is Shariah and Why Does It Matter?

By: Sherman Jackson “At the most basic level, Shari‘ah is the Muslim universe of ideals. It is the result of their collective effort to understand and apply the Quran and supplementary teachings of the Prophet Muhammad (called Sunna) in order to earn God’s pleasure and secure human welfare in this life and attain human salvation in the life …

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Shari’ah: What It Is and Isn’t (interview)

By: Asifa Quraishi-Landes “For Muslims, Shari‘ah is the way they believe God wants us to live in the world. One would look to a particular source of understanding of what God wants us to do and would follow that way. Shari‘ah literally means “way” or “street.” Shari‘ah would be the way or the path a Muslim would want …

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The ‘anti-Shari’ah Legislation’s Adverse Human Rights Implications and Other Unintended Consequences

By: Engy Abdelkader, Esq. “In 2000, Layla and Ahmed were married in an Islamic religious ceremony in Egypt. Layla recently filed for divorce in New Jersey and her husband moved to throw out her complaint alleging that they were never legally married. The New Jersey judge must determine whether there is merit to the husband’s claim. To do …

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Turning Insult into Opportunity: Anti-Sharia Sentiments in America and their Implications for American Muslims

By: Celene Ayat Lizzio “A September 2011 resolution of the Fiqh Council of North America, a body of esteemed American Muslim religious scholars, takes just this stance. In their statement entitled: “On Being Faithful Muslims and Loyal Americans,” the members of the council strongly affirm that Islamic values and modern, Western, secular, democratic values both …

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