SHARIAsource

University of Utah, College of Law

The evolution of legal traditions in the Middle East will be examined, analyzed and discussed through the lens of multi-disciplinary readings reflecting the law, history, culture, human rights, and contemporary political dilemmas.

The plaintiff, Dennis Balk, a former professor at the New York Institute of Technology (NYIT) in Bahrain, brought this suit against the New York Institute of Technology after he was fired. Balk alleged that he was fired from his position after a daily Bahrain newspaper, Al-Ayam, published an article stating that he had posted to his class website a controversial cartoon depicting the Prophet Muhammad in rags. Balk brought this claim, which alleged discrimination based on race, religion, and national origin in violation of Title VII. The plaintiff also brought a motion to compel the deposition of Dr. Mohammed Hussein, the Executive Director of the Middle East for NYIT. The District Court determined that Dr. Hussein's deposition was necessary in the "interest of justice" within the meaning of the Walsh Act because of his alleged involvement in the plaintiff's firing. The District Court additionally found that given Dr. Hussein's periodic travel to the US, it was not unreasonable to compel Dr. Hussein to appear.

English translation of the 1909 Constitution of the Ottoman Empire (1876 Ottoman Constitution, as amended to 1909).

English translation of the 1924 Constitutional Law of the Turkish Republic.

English translation of the 1928 Constitution of Turkey (1924 Constitutional Law of the Turkish Republic, as amended to 1928).

English translation of 1931 Law Modifying the (1924) Constitution of the Republic of Turkey.

English translation of 1937 Law Modifying the (1924) Constitution of the Republic of Turkey.

English translation of the 1945 Constitution of the Turkish Republic.

English translation of the 1961 Constitution of the Turkish Republic.

English translation of the 2008 Constitution of Turkey (1982 Constitution of the Republic of Turkey, as amended to Law No. 5375 of 9 February 2008).

English translation of the 1876 Ottoman Constitution.

English translation of 1923 amendments to the 1921 Constitution of the Republic of Turkey.

English translation of the 1921 Constitution of the Republic of Turkey.

English translation of the 1987 Constitution of Turkey (1982 Constitution of the Republic of Turkey, as amended to 1987).

English translation of the 2010 Constitution of Turkey (1982 Constitution of the Republic of Turkey, as amended to Law No. 5982 of 2010).

English translation of the 2011 Constitution of Turkey (1982 Constitution of the Republic of Turkey, as amended to Act No. 6214 of 2011).

English translation of the 2017 Constitution of Turkey (1982 Constitution of the Republic of Turkey, as amended to 2017).

A Jordanian Muslim sued his former employer, a life insurance firm, under the California Fair Housing and Employment Act, alleging discrimination based on religion and national origin. The plaintiff argued that he was terminated from his job because he was a Muslim and of Middle Eastern origin. The defendant claimed that he was fired for failing to meet job performance standards; the plaintiff responded that the company’s explanation was a pretext, arguing that the company applied different job performance evaluation standards to him as compared to his non-Muslim co-workers. Employing the burden-shifting test established by McDonnell Douglas Corp. v. Green (where the plaintiff alleges a prima facie claim, the company responds with a reason, and the plaintiff will prevail if he can show that the reason is a pretext for actual discrimination), the Court found that the plaintiff had presented enough evidence of a discriminatory motive to establish a prima facie case and allow the suit to proceed before a jury. Accordingly, the Court denied the defendant’s motion for summary judgment.

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Cyprus (Kypriaki Dimokratia/Kibris Cumhuriyeti), based on research produced by the Library of Congress. Under Cyprus' Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

A Pakistani Muslim banker sued her former employer under Title VII, alleging discrimination on the basis of race, religion, and national origin. The plaintiff alleged that her coworkers and supervisors made derogatory remarks to her about her diet, dress, and prayer schedule; and that this discriminatory animus was the real reason that she was terminated. The defendant argued that she was fired for insubordination when she left work in the middle of a shift without permission. At the trial level, the U.S. District Court for the Eastern District of Missouri granted summary judgment to the defendant, and the Eighth Circuit upheld this decision on appeal, concluding that the plaintiff had failed to rebut the legitimate non-discriminatory reason that the defendant offered for terminating her employment.