Law

Religious Law: Roman Catholic, Islamic, and Jewish Treatment of Family Matters, Including Education, Abortion, In Vitro Fertilization, Prenuptial Agreement, Contraception and Marital Fraud

This problem involves at least four issues relevant to Islamic law: (1) the Islamic position on education; (2) the obligation of parents to educate their children; (3) the nature of relations within the Muslim family; and (4) available remedies against one’s parents.

The Muslim Perspective on the Clergy-Penitent Privilege

Before Jones confesses his crimes to Imam Ahmad, he should be clear on the duties and role of the imam of a mosque. The imam’s duties usually consist of leading prayers and providing advice and assistance to those in the community who seek them. Imams are chosen for their knowledge in matters of religion.

Legal Reform: Reviewing Human Rights in the Muslim World

Muslim countries are the bete noire of the Human Rights Movement. Problems in these countries range from a denial of democratic rights to restrictions on speech, movement, and education. A drastic example comes from Afghanistan, where the Taliban, in their pursuit of “the perfect Islamic state,” have exiled women from public life. Less known is the damage the Taliban are also inflicting on Afghan men.

Faith and the Attorney-Client Relationship: A Muslim Perspective

Three significant factors have converged to contribute significantly to the state of spiritual impoverishment, fragmentation, and work-place alienation experienced by professional people of faith in this country. They are: the emergence of material secularism as the dominant ideology, the uncritical acceptance of technological reductionism, and the over-broad interpretation of the public/private distinction.

Islamic and American Constitutional Law: Borrowing Possibilities or a History of Borrowing?

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 principles and human rights values to Muslim countries. In this context, the question of constitutional borrowing gains special significance.

Islamic Constitutionalism and the Concept of Democracy

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.

Introduction, 15 Journal of Law and Religion

A few years ago, this issue was just a gleam in the eyes of the board of this Journal. After I joined the Editorial Board, discussions commenced in earnest about how the Journal might bring authentic Islamic thought to American and other English-speaking scholars in an academic environment used to hearing about Islam through secondary sources. I (naively) volunteered to guest-edit an issue of modem, groundbreaking Islamic thinking and invited the contributions of distinguished writers from around the Muslim world including the United States, and the volume in your hand reflects these efforts.

Foreword

Throughout recent history, changes in the law have been significantly influenced by technological developments. It was, after all, the increasing need for capital to finance massive projects, such as railway systems and auto manufacturing, along with related services, such as banks and insurance companies, that changed the face of the modem legal profession, accelerating the emergence of today’s corporate structures and securities laws.¹

American Muslims and Civil Rights: Testimonies and Critiques: Opening Remarks

Divine Justice and the Human Order: An Islamic Perspective