The Other Muslim Bans

2020 ◽  
Vol 1 (1) ◽  
pp. 2-38
Author(s):  
Will Smiley
Keyword(s):  
Security Policy ◽  
Islamic Law ◽  
State Level ◽  
The State ◽  
The Other ◽  
State Court ◽  
Court Cases ◽  
State Laws ◽  
Foreign Law ◽  
Muslim Majority

This Article addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the Article reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The Article thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose. This Article was originally published as an Occasional Paper in the Harvard Papers in Islamic Law series in 2018.

Stemming the Tide: Assisted Suicide and the Constitution

1995 ◽  
Vol 23 (4) ◽  
pp. 389-397 ◽  
Author(s):  
Carl H. Coleman ◽  
Tracy E. Miller
Keyword(s):  
Assisted Suicide ◽  
State Level ◽  
Federal Courts ◽  
The State ◽  
Equal Protection ◽  
State Court ◽  
State Laws ◽  
Equal Protection Clause ◽  
The Right

On November 8, 1994, Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. Indeed, in 1993, four states passed laws strengthening or clarifying their ban against assisted suicide. No doubt, Proposition 16 is likely to renew the effort to legalize assisted suicide at the state level.The battle over assisted suicide is also unfolding in the courts. Litigation challenging Proposition 16 on the grounds that it violates the equal protection clause is ongoing in Oregon. More significantly, three cases, two in federal courts and one in Michigan state court, have been brought to establish assisted suicide as a constitutionally protected right.

scholarly journals Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton
Keyword(s):  
Market Share ◽  
State Level ◽  
Legal Framework ◽  
The State ◽  
General Motors ◽  
Current Crisis ◽  
State Laws ◽  
Distribution Costs ◽  
Retail Prices ◽  
The Government

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.

scholarly journals The Politics of Congregational Prayer

2020 ◽  
Vol 8 (2-3) ◽  
pp. 251-271
Author(s):  
Imran Ahmed
Keyword(s):  
Public Health ◽  
Islamic Law ◽  
The State ◽  
The Political ◽  
Religious Leaders ◽  
Colonial Era ◽  
Muslim Majority ◽  
Religion And State

Abstract Religious authorities in many Muslim-majority countries have argued that the suspension of communal prayers during an epidemic does not contravene Islamic law. In Pakistan, such measures have proven difficult to enforce, in part because many religious leaders in the country have opposed the closure of places of worship and the limits placed on public religious gatherings. The question is why? This paper suggests that the distrust of the state in matters of religion in Pakistan can be traced back to the colonial era, and that the political developments following independence have amplified frustration and mistrust between political and religious authorities in the country. Significant sources of contention in matters of religion and state remain unresolved under the prime ministership of Imran Khan. At the same time, the pandemic has thrust earlier conflicts into the spotlight and exposed contests over opinion, expertise, and authority in matters of religion and public health.

scholarly journals HUKUM KELUARGA DI MESIR

2020 ◽  
Vol 1 (2) ◽  
pp. 93-108
Author(s):  
Nurinayah Nurinayah
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Law Reform ◽  
Muslim Countries ◽  
Personal Status ◽  
Muslim Majority ◽  
Limited Scope

The application of family law in Muslim-majority countries, especially the Middle East and its surroundings, has different practices, we do not find uniformity in family law practices in these countries. This is influenced by differences in government systems, cultures, situations and conditions of society of each country. Egypt is one of the predominantly Muslim countries which has established Islam as the state religion. Therefore, the principles of Islamic law are the main source of law in the making and formulation of laws, including family law. The practice of Islamic law in Egypt does not fully apply only to areas of family law in a limited scope including the distribution of inheritance and marriage. However, the application of family law in Egypt continues to undergo reforms and reforms. Family law reform took place in Egypt in 1920. This was marked by the promulgation of Law no. 25/1920 regarding family law and care (Law of Maintenance and Personal Status / Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Family law reform in the 1970s was marked by the issuance of laws regarding the authority to the judiciary to force parties (husbands) to pay maintenance fees to wives, widows, children, or parents in 1976. the current era of family law in Egypt continues to experience development. Abstrak Penerapan hukum keluarga di negara-negara yang berpenduduk mayoritas Muslim khususnya kawasan Timur Tengah dan sekitarnya memiliki praktik yang berbeda-beda, kita tidak menemukan keseragaman praktik hukum keluarga di negara-negara tersebut. Hal ini dipengaruhi oleh perbedaan sistem pemerintahan, kultur, situasi dan kondisi masyarakat setiap negara. Mesir merupakan salah satu negara yang berpenduduk mayoritas Muslim yang menetapkan Islam sebagai agama negara. Karena itu, prinsip-prinsip hukum Islam menjadi sumber hukum utama dalam pembuatan dan perumusan undang-undang termasuk hukum keluarga. Praktik hukum Islam di Mesir tidak berlaku secara utuh hanya bidang-bidang hukum keluarga dalam ruang lingkup yang terbatas meliputi pembagian warisan dan perkawinan.  Namun, penerapan hukum keluarga di Mesir terus mengalami reformasi dan pembaruan. Pembaruan hukum keluarga terjadi di Mesir pada tahun 1920. Ini ditandai dengan diundangkannya UU No. 25/1920 mengenai hukum keluarga dan penjagaan (Law of Maintenance and Personal Status/Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Reformasi hukum keluarga pada tahun 1970an ditandai dengan dikeluarkannya aturan undang-undang mengenai kewenangan kepada lembaga peradilan memaksa pihak-pihak (suami) untuk membayar uang pemeliharaan kepada isteri-isteri, janda-janda, anak-anak, ataupun orang tua pada tahun 1976. Hingga era sekarang hukum keluarga di Mesir terus mengalami perkembangan.            

scholarly journals PERKAWINAN ANAK DI BAWAH UMUR (Sebuah Kajian Perspektif Hukum Islâm Vis-a-Vis Hukum Positif di Indonesia)

2013 ◽  
Vol 6 (2) ◽  
pp. 274-309
Author(s):  
Mohammad Mohammad
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
State Regulation ◽  
The Other ◽  
State Law ◽  
State Laws ◽  
Other Hand ◽  
Age Limit ◽  
The Law ◽  
Legal Security

Abstrak: Perkawinan merupakan suatu ikatan yang melahirkan keluarga sebagai salah satu unsur dalam kehidupan bermasyarakat dan bernegara, yang diatur oleh aturan hukum, baik hukum Islâm maupun hukum positif (negara). Untuk dapat mewujudkan tujuan perkawinan, hukum negara, yakni Undang-undang Nomor 1 Tahun 1974 menentukan batas umur minimal untuk melangsungkan perkawinan, yakni usia 19 tahun untuk pria dan usia 16 tahun bagi wanita. Sedangkan hukum Islâm tidak menentukan secara kongkrit batas minimal usia perkawinan. Meghadapi dualisme hukum ini, negara seharusnya mengambil langkah tegas. Jika negara sudah melarang perkawinan di bawah umur,  maka konsekuensinya segala hukum yang bertentangan dengannya harus ditiadakan, sehingga terjadi kepastian hukum.   Abstract: Marriage is the bond of family that becomes one of the elements of social and state life. It is regulated in both Islamic and state laws. To concretize the marriage purpose, state law apllies the constitution of Undang-undang Nomor 1 Tahun 1974 that decides minimal age limit of marriage---19 years old for male citizens and 16 years old for the female ones. On the other hand, the Islamic law do not explicitly declare this. State must take a firm action to face this dualism, it must forbid non-state regulation that is in contradiction against state law including the law that allows the marriage beyond the age limit. It is about to guarantee the legal security or rule of law.   Kata-kata Kunci: Hukum Islâm, perkawinan di bawah umur, hukum negara, dan negara.

scholarly journals Shari’a

2010 ◽  
Vol 27 (2) ◽  
pp. 101-104
Author(s):  
Iza Hussin
Keyword(s):  
Islamic Law ◽  
Academic Discipline ◽  
The State ◽  
The Other ◽  
Law And Society ◽  
Legal Knowledge ◽  
Legal Studies ◽  
Its Analysis ◽  
Contemporary Islam

In his “Introduction,” Hallaq states that this work approaches the field ofIslamic law in a way that few other scholars have attempted. “To write thehistory of Shari’a is to represent the Other,” he argues; “history, both Islamicand European, is the modern’s Other, and ... in the case of Islam this historyis preceded by another Other – namely contemporary Islam” (p. 1). This approach, which treats the Shari`ah as an aggregate of its history – its theory,institutional and societal applications, and implications in projects of power– also draws the discipline of Islamic legal studies into its analysis. ForHallaq, the “extraordinary innocence” of modern scholarship concerningIslamic law and society “proceeds ... unaware of (its) culpable dependency... on the ideology of the state” (p. 5). His approach brings together two intellectualaims: (a) to illumine the conditions of production and power relationswithin which Islamic legal knowledge, as an academic discipline, was builtand (b) to further elaborate upon the Shari`ah’s development as a system ofthought, practice, and institutions throughout its history. My review willfocus upon how these two major strands interweave and the new contributionsthe author makes to the study of Islamic law and society ...

Perceptual basemaps reloaded: The role basemaps play in eliciting perceptions

2018 ◽  
Vol 6 (2) ◽  
pp. 145-166
Author(s):  
Paulina Bounds ◽  
Charles J. Sutherland
Keyword(s):  
United States ◽  
National Level ◽  
State Level ◽  
The United States ◽  
The State ◽  
The Other ◽  
Striking Difference ◽  
Perceptual Dialectology ◽  
Other Hand ◽  
Perceptual Maps

This article describes the influence of various basemaps in Perceptual Dialectology, on the national and state levels. The 180 perceptual maps of the United States and Tennessee were divided into six types of basemaps; tabulated results show that basemaps play a different role on the national and state level. On the national level, basemaps that have features reminiscent of boundaries (state lines or interstates) bias the respondents’ answers. On the state level, on the other hand, the map features do not seem to influence the results in any discernible way: at times the informants seemingly go against the details present on the basemap. This striking difference indicates that, though the respondents rely on basemap details at the national level, where they may not have enough experience with the whole country, they don’t pay much attention to the state-level basemap details as they follow their own more detailed ideas about perceptions.

Conservatives and the Parliament: State Duma Reform Projects of 1907–1917

2018 ◽  
Vol 42 ◽  
pp. 195-200
Author(s):  
Fyodor A. Gayda
Keyword(s):  
The State ◽  
The Other ◽  
The Political ◽  
Right Wing ◽  
State Laws ◽  
Coup D'etat ◽  
The Third ◽  
Parliamentary System ◽  
Political Configuration ◽  
The Government

 The article is devoted to conservative projects of reforming the State Duma, which was established in Russia in 1906. Those projects can be divided into two groups. Some projects were proposed by Russian nationalists (M.O. Menshikov, I.P. Balashov), who supported Stolypin and claimed to be one of the two main forces of the parliamentary majority. Nationalists sought to preserve the legislative powers of the Duma and stressed that the reform was supposed to strengthen parliamentarism. The projects of the nationalists proposed only partial adjustments to the parliamentary system, but still changing the Basic State Laws (in other words the coup d’état). The government did not support this path. The other projects were initiated by right-wing conservatives (L.A. Tikhomirov, K.N. Paskhalov, prince V.P. Meshchersky). Right-wing conservatives proposed turning the Duma into a legislative institution. This completely changed the political configuration and eliminated the “The Third of June” system. Both nationalist and right-wing projects were rejected by the government, albeit for different reasons: either due to their indeterminate character (nationalist projects) or due to their radicalism (right-wing projects). The ministers invariably considered the reorganization of the Duma more difficult than finding ways to cooperate with it.

Confusion … Must Stifle All Enterprize

2019 ◽  
pp. 102-125
Author(s):  
Jeff Broadwater
Keyword(s):  
Religious Freedom ◽  
Central Government ◽  
Slave Trade ◽  
State Level ◽  
Legal Reform ◽  
The State ◽  
Constitutional Reform ◽  
African Slave ◽  
State Laws ◽  
American Trade

As a member of the Virginia assembly, Madison enjoyed considerable success in continuing the process of legal reform Jefferson had begun during the American Revolution, although his efforts to address Congress’s fiscal woes proved unavailing. Defeat of the general assessment bill in Virginia and passage of Jefferson’s Bill for Religious Freedom illustrated to Madison how a multitude of factions, in this case religious denominations, could be exploited to protect liberty. Meanwhile, Jefferson and Madison continued to wrestle with the issue of constitutional reform at the state level, and Jefferson’s ideal of a republic of yeomen farmers, as set forth in his Notes on the State of Virginia, predisposed him to support a central government strong enough to support American trade abroad and American expansion westward. Otherwise, his expectations for Congress were modest. Both men expressed opposition to slavery, but they could do little more than secure adoption of state laws ending the African slave trade and permitting private manumissions.

Beilan, Lerner, and the Court’s Shift, Passport Cases, and Congress’s Court-Curbing Climax

2017 ◽  
Author(s):  
Robert M. Lichtman
Keyword(s):  
The State ◽  
Public Employee ◽  
The Other ◽  
Employee Loyalty ◽  
State Laws ◽  
The Government ◽  
Government Benefits ◽  
The U.S

This chapter discusses the U.S. Supreme Court’s decisions during its October 1957 term. The continued heavy flow of “Communist” cases produced fourteen signed decisions and two via per curiam opinions. The outcomes were mixed, but they revealed a shift in the Court’s direction. The government prevailed in two state public-employee loyalty cases and three criminal contempt cases. However, it lost five deportation decisions, two decisions testing the State Department’s authority to deny passports on political grounds, and two narrow rulings invalidating state laws that conditioned the receipt of government benefits on signing a non-Communist oath. It also lost the two per curiam decisions—one reviewing the issuance of less-than-honorable Army discharges to “subversive” draftees and the other a contempt-of-Congress case against Dennis lawyer Harry Sacher.

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