SHARIAsource

This fatwa was issued in response to a letter received by the Indonesian Council of Ulama (Majelis Ulama Indonesia) from Bambang Sulastomo regarding the transfer of a corpse from the holy land (tanah Suci - Mecca) to the homeland (tanah air - Indonesia). After convening on 13 October 1981, the Council determined that it would be preferable for the deceased's body to remain in the holy land where it had already been buried. The only exception to this would be if a reason existed according to shari'a. Imam Maliki stated that transferring a corpse already buried would be permissible if a reason could be found that pertained to the welfare of others, including to make the pilgrimage easier or to enable the body to be buried with other deceased family members. Government instructions would also be necessary if a body was to be repatriated.

This fatwa states that the Islamic people (umat) wish to comprehend the extent of the problems faced by the Saudi Arabian and Indonesian governments in facilitating the hajj for the increasing number of pilgrims who undertake the journey every year. Therefore, the Indonesian Council of Ulama (Majelis Ulama Indonesia) appeals to Indonesian Muslims who have already completed the hajj to:

1. appreciate that they need only complete the hajj once;
2. provide others who are yet to undertake the hajj with the opportunity to do so, especially their own family members; and
3. (for those who have already undertaken the hajj more than once) distribute funds they have saved to undertake the hajj again to an ongoing charity (amal jariyah).

This fatwa acknowledges and praises pre-existing state dignitary religious activities, while imploring state dignitaries, government officials, and public leaders to more actively pioneer activities related to worship (ibadat) by, for example:

1. holding religious study events and courses for personal use, for collegial purposes, for familial purposes at people's homes, and religious lectures at people's places of work;
2. holding Friday prayers (shalat Jum'at) and ceremonies for significant days in the Islamic calendar at people's places of work; and
3. collecting books on Islam in Indonesian and other languages for the purposes of creating libraries in people's places of work and their homes.

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 Republic of Madagascar (Republique de Madagascar/Repoblikan'i Madagasikara), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Madagascar's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Fiji (Republic of Fiji/Matanitu ko Viti), based on research produced by the Library of Congress. Under Fiji's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

This regional regulation states that the ability to read the Qur'an is one way of truly knowing and comprehending the contents of the Qur'an, thereby developing one's personality as a Muslim (art 2). Proficiency in Qur'anic recitation also operates to engender devotion to Allah SWT, and to build a peaceful, hopeful, and loving family (keluarga sakinah, mawaddah, wa rahmah) (art 4). The regulation requires all primary, middle, and high school students, as well as prospective brides and bridegrooms, to be able to read the Qur'an correctly (art 6).

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

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

This Country Profile provides a basic overview of the legal history and institutional structures of Malaysia, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Malaysia'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 United Arab Emirates (Al Imarat al Arabiyah al Muttahidah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under the UAE's Constitution, Islamic law (sharīʿa or fiqh) has primary legal status. 

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

William Knuckles and several other inmates, all adherents of the Nation of Islam, filed a §1983 claim against prison officials, alleging a violation of their First and Fourteenth Amendment rights. Specifically, they alleged that they were not allowed to correspond with their religious leaders, receive books and periodicals, "wear Muslim medals," or have a special dietary plan. In finding that the inmates were entitled to be visited by qualified ministers, the Court cautioned that all meetings should remain of a religious nature and could be supervised by prison officials.

In this case, the child custody dispute and the validity of the Iranian antenuptial agreement as well as attorney fees were the three issues of dispute between the spouses. The husband had dropped claims regarding custody and the validity of the Iranian contract, thus rendering the case one solely about attorney fees, with no consideration given to Islamic family and contract law.

This is a reference to Ṣaḥīfat al-farāʾiḍ, a text on the designated shares of inheritance recorded by ʿAlī from the statements of the Prophet, which Jaʿfar al-Ṣādiq possessed and showed to his disciples. Hossein Modarressi cites this reference to argue that ʿAlī was "the father" of the legal legacy of the Family of the Prophet and that the Prophet's teachings were passed down through the family from one generation to the next.

This source is part of the Online Companion to Hossein Modarressi, Text and Interpretation: Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law (Harvard University Press, 2022).

This is a reference to Kitāb ʿAlī, an early book that contained material transmitted by ʿAlī from the Prophet, which Jaʿfar al-Ṣādiq possessed and showed to his disciple Zurāra. Hossein Modarressi cites this reference to argue that ʿAlī was "the father" of the legal legacy of the Family of the Prophet and that the Prophet's teachings were passed down through the family from one generation to the next.

This source is part of the Online Companion to Hossein Modarressi, Text and Interpretation: Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law (Harvard University Press, 2022).

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

This fatwa recalls the decision of the Musyawarah Alim Ulama on ability (istitha'ah) to perform the hajj, which states that Muslims are considered to be able (istitha'ah) to perform the hajj if they are physically, mentally, and financially able to do so, and do not neglect their familial obligations in the process. Therefore, if any prospective haji were to encounter difficulties while performing the hajj, it would be because they have failed to meet these criteria. If a prospective haji were required to meet certain other government-enforced criteria to be eliglble to embark on the hajj, such as being of a certain age, posessing linguistic competency in Arabic, or having a complete grasp of hajj rituals, the fatwa states that the government would be making the hajj process unnecessarily difficult. The fatwa also notes that many who perform the hajj are from more disadvantaged or rural socio-economic backgrounds, meaning that any difficulty they may encounter in the process should be considered commonplace.

The prosecution submitted that the accused had, contrary to arts 6(1) and 26(2) of Aceh Qanun No. 12 of 2003 on Alcoholic Beverages, distributed, sold, and stored whiskey. On 7 August 2008 at around 9.00pm, the local police discovered that the accused was storing 15 bottles of Globe Horse whiskey at her home. The prosecution submitted that the accused had purchased 24 bottles of Globe Horse whiskey for IDR 150,000 from an acquaintance. Furthermore, the accused had sold three bottles to one person and another six to another person, at a price of IDR 12,500 per bottle. The prosecution requested that the court sentence the accused, a Buddhist, to four months' imprisonment. The prosecution also requested that the 15 bottles of Globe Horse whiskey found in the possession of the accused be destroyed. On the facts, and considering that the accused was a first-time offender, had acknowledged her misconduct, and had a family to support, the court acceded to the sentencing requests of the prosecution.

Plaintiff James McRoy claimed that prison officials violated his First Amendment free exercise rights by cancelling some of the scheduled Muslim prayer services without notice, limiting the number of services that Muslim inmates could attend each week, limiting the number of Muslim inmates who could attend each service at any given time, subjecting Muslim inmates to strip searches before they could leave their cells to attend services, prohibiting imams from bringing religious publications onto the prison’s premises, and prohibiting Muslim inmates from exclusively living together in one of the prison’s living units. The prison officials, however, claimed that their actions resulted from a lack of volunteers to organize services and the need to curtail inmate movement on some days because of heightened security concerns. The Court held that McRoy did not sufficiently demonstrate that a jury could conclude that he had been subjected to a violation of his rights. It thus entered summary judgment in favor of the defendants.