SHARIAsource

This Supreme Court pronouncement states that while a non-Muslim wife who survives her Muslim husband cannot be considered a beneficiary (ahli waris), she remains entitled to inherit her portion of his estate as his wife, pursuant to a wasiat wajibah (obligatory will).

In this case, the cassation applicant had challenged the decision of the Makassar High Religious Court (59/Pdt.G/2009/PTA). As the lawful wife of the deceased, who had passed away on 22 May 2008 (they were married on 1 November 1990), the Court stated that as the deceased and cassation applicant had been married for 18 years, and as the defendant had devoted herself to the deceased while he was alive, it was immaterial that she was a non-Muslim. Moreover, that she was entitled to receive a portion of the estate of the deceased, as well as a portion of their joint assets as husband and wife.

The four applicants filed an application with the court on 26 June 2015, stating that their father (the deceased) had passed away on 6 May 1994, and that their mother had passed away on 23 November 2014. The applicants' grandparents had also all passed away. The applicants requested from the court a stipulation that they were the beneficiaries (ahli waris) of the deceased, in order that they could withdraw from Bank Syariah Mandiri the deceased's hajj savings, and deal with a deed of title filed with the National Land Body (Badan Pertanahan Nasional) in the name of the deceased.

The court acceded to the applicants' request based on the grounds that they met the requirements to be considered beneficiaries, per art 171(c) of the Compilation of Islamic Laws.

In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court also noted that the Muslim Personal Law (Shariat) Application Act of 1937, which protects the religious freedom of Muslims in India, does not constitutionally protect practices deemed “anti-Qur’anic.” Asserting that triple ṭalāq is such a practice, the Court held that it could not be protected under the Indian Constitution.

The plaintiff, Remon Shields, a prisoner serving a life sentence without parole, brought this action against the California Department of Corrections and Rehabilitation, alleging that his religion requires those who want to marry to get married and consummate their relationship, but his request for non-overnight "family visiting" with his wife were denied. The prison contended that there is a policy stating that those who are serving a life without parole sentence are ineligible for the family visiting program. The respondent filed a motion to dismiss. The District Court granted the respondent's motion to dismiss, determining that there was no fundamental right to conjugal visits, and that the plaintiff had not demonstrated that the prison regulation prohibiting conjugal visits for life-without-parole prisoners was not rationally related to a valid penological interest.

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Moldova (Republica Moldova), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Moldova’s Constitution, Islamic law (sharīʿa or fiqh) has no legal status.

Summary for a case in which the Western Cape High Court in Cape Town declared the 1953 Wills Act inconsistent with the South Africa Constitution, because the statute’s provisions were previously interpreted to recognize only legal marriage and not Muslim marriages.

This Country Profile provides a basic overview of the legal history and institutional structures of the Sultanate of Oman (Saltanat Uman), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Oman's Constitution, Islamic law (sharīʿa or fiqh) is a primary source of legislation. 

The estate and family members of an American serviceman killed during the 1983 bombing in Beirut, allegedly by Hezbollah, brought suit against Iran and its Ministry of Intelligence and Security for his wrongful death. Invoking the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (a law that allows foreign nations to be immune from lawsuits from American citizens in most cases), they alleged that Iran should be held liable for providing financial support to Hezbollah. Iran did not file an answer to the charge. The Court entered judgment in favor of the family, granting compensatory damages in the amount of $13,241,486 to the serviceman’s widow, parents, and children.

The Appellant challenged his criminal conviction by the Sharia Court of Appeal of Zamfara State, Nigeria on the ground that the Court’s jurisdiction did not extend beyond Islamic personal law [family law]. The Court of Appeal held that the jurisdiction of the Sharia Court of Appeal was limited to personal law. As such, it could not validly exercise criminal jurisdiction. The Court quashed the conviction.

This Country Profile provides a basic overview of the legal history and institutional structures of the Hashemite Kingdom of Jordan (Al Mamlakah al Urduniyah al Hashimiyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Jordan's Constitution, Islamic law (sharīʿa or fiqh) is a principle source of legislation. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Ghana (Ghana), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Ghana's Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the State of Eritrea (Hagere Ertra), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Eritrea's Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Kingdom of Saudi Arabia (Al Mamlakah al Arabiyah as Sa'udiyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Saudi Arabia's Constitution, Islamic law (sharīʿa or fiqh) is the primary source of legislation.  

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Albania (Republika e Shqipërisë), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Albania’s Constitution, Islamic law (sharīʿa or fiqh) has no legal status.

This government regulation regulates the responsibilties of the provincial governments and central government in guaranteeing reproductive rights. It guarantees women's rights to pre-natal and post-natal health services, including that of teenagers who fall pregnant. It also guarantees the right to information relating to family-planning, including contraception and sexual health, and permits abortion only in certain instances. Access to non-natural means of conception is available to married couples only.

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Yemen (Al Jumhuriyah al Yamaniyah), based on research produced by the Library of Congress. Under Yemen's Constitution, Islamic law (sharīʿa or fiqh) is the primary source of legislation.  

This Country Profile provides a basic overview of the legal history and institutional structures of Burkina Faso, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Burkina Faso's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.