Straddling Islamic Law and U.S. Justice Hanshaw, Mark E. creator text Electronic books. txu El Paso LFB Scholarly Pub. LLC 2010 monographic eng

electronic resource

1 online resource (309 p.) Hanshaw explores the often competing demands that confront American Muslims from Islamic religious law and secular law. The conflict extends into many aspects of daily life, ranging from issues concerning divorce and child custody to the interpretation of contracts. The receptivity of U.S. courts to claims rooted in Islamic legal principles has been uneven, leaving Muslims in a state of uncertainty. As well, U.S. courts have often struggled to interpret Islamic law provisions. At the heart of Hanshaw?s legal analysis lies the very personal question of whether weaknesses in U.S. judicial proces. ACKNOWLEDGEMENTS; Introduction; The Employment of Islamic Law; American Muslims and Islamic Law; Inside the American Courtroom; The Self-Image of American Muslims; The View from Abroad; 1. Orientalisms in Practice; Images: Traditional and Modern; The Birth of "Orientalism"; Orientalism in the 21 st Century; Muslim Voices; Legal Orientalisms; 2. The Qadi and Images of Injustice; The Qadi of Western Scholarship; The Qadi in the Supreme Court; The Adoption of Terminello; Systems in Opposition; Authority Without Limitation; The Qadi in History; The Unbridled Qadi; Justice for the Qadi. 3. Terrorism and JihadThe Battle Over Jihad; Defining Jihad; Jihad in the Qur'an; Defensive Jihad; Political Jihad; Greater Jihad; Jihad in the Courtroom; Jihad in Other Cases; An Emphasis Upon Terror; Courts, Jihad and Terrorism; 4. Child Custody and American Muslims; Stakes in the Battle; Definitional Considerations; Legal Principles Affecting Child Custody Matters; Child Custody under Shari'a; A Court Divided; From Comity to Community; Of Comity; 5. Marriage, Divorce and the American Muslim; The Muslim Marital Contract; The Dissolution of a Marriage; Muslim Marriages in U.S. Courts. From Beginning to EndDower Agreements; Questions and Interpretations; 6. Abandoning Tradition?; The Relationship between Islam andIslamic Law; Separating Law and Practice; A Modernist Call; Founders of a Movement; The Outcry of Traditionalists; Ultimate Questions; 7. A Parallel System of Justice?; Canada's Experiment with Arbitration; Arbitration, U.S. Secular Courts and theMuslim Community; From Canada to the U.S.: Assessing theFuture of Muslim Arbitration; 8. Other Paths; Germany: Limited Enforcement of MuslimLegal Norms; England: Seeking Influence; Concluding Observations. 9. Seeking SolutionsThe Way Forward; A. Excerpts from the Ontario Arbitration ActOf 1991 235; B. Executive Summary the Report "DisputeResolution in Family Law: ProtectingChoice, Promoting Inclusion," December2004, also known as the "Boyd Report"; BIBLIOGRAPHY; INDEX. Islamic law United States Jihad Justice, Administration of United States Justice, Administration of (Islamic law) Muslims Legal status, laws, etc United States Terrorism United States Prevention Islamic law United States Muslims Legal status, laws, etc United States Justice, Administration of (Islamic law) Justice, Administration of United States Jihad Terrorism United States Prevention RELIGION / Islam / Law KBP69.U6 H36 2010 340.5/9 340.59 Hanshaw, Mark E. El Paso : LFB Scholarly Publishing LLC, c2010 9781593326418 (electronic bk.) 1593326416 (electronic bk.) http://public.eblib.com/EBLPublic/PublicView.do?ptiID=1057812 http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=520531 http://public.eblib.com/EBLPublic/PublicView.do?ptiID=1057812 http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=520531 EBLCP 121124 20200709055718.0 ocn818819058 eng