SHARIAsource

The ACLU brought suit objecting to the use of taxpayer money to fund what it termed a religious charter school as a violation of the Establishment Clause of the First Amendment. The defendant academy and its sponsor, Islamic Relief, submitted a motion to dismiss, arguing that they were not a state actor. The Court found that the evidence regarding Islamic Relief’s role as a state actor was not clear, and thus denied the motion to dismiss. The Court of Appeals affirmed this decision in 2011. As of August 2011, the case was still ongoing.

A Muslim female teacher sued her former employer, the Board of Education for the School District of Philadelphia, as well as the Commonwealth of Pennsylvania under Title VII, alleging religious discrimination. The defendant school board argued that it suspended and ultimately fired the plaintiff under the Pennsylvania Garb Statue (Public Law No. 282) when she refused to remove her headscarf while teaching. The U.S. District Court for the Eastern District of Pennsylvania found in favor of the defendant Commonwealth, but against the School Board. The Third Circuit affirmed the decision against the Commonwealth but reversed the decision against the School Board, holding that, while the statute may present conflicts with the First Amendment, to bring a claim under Title VII, as the plaintiff did, requires proving that the accommodation would not be an undue burden for the employer. The Court further held that allowing teachers to wear religious garb would be an example of an undue burden, as it threatens the religious neutrality of the public school system. The Court upheld the conclusion of the District Court that “the Commonwealth was not [plaintiff’s] employer within the meaning of Title VII."

This regional regulation makes provision for the administration of education in Singkawang, West Kalimantan (Kalimantan Barat), including religious education. In terms of Islamic religious education, the regulation makes provision for Raudhatul Athfal, a form of formal early-learning Islamic education for children between the ages of 4 and 6 (art 1(36)), while Madrasah Ibtidaiyah, Madrasah Aliyah, Madrasah Aliyah Kejuruan, and Madrasah Tsanawiyah are forms of formal public Islamic education for primary students (art 1(37)).

This regional regulation makes provision for the administration of education in Bima, West Nusa Tenggara (Nusa Tenggara Barat), including religious education. In terms of Islamic religious education, the regulation makes provision for Raudhatul Athfal, Madrasah Ibtidaiyah, Madrasah Aliyah and Madrasah Tsanawiyah. Raudhatul Athfal is a form of formal early-learning Islamic education for children between the ages of 4 and 6 (art 1(24)), while Madrasah Ibtidaiyah, Madrasah Aliyah, and Madrasah Tsanawiyah, under the auspices of the Minister of Religion, are forms of formal public Islamic education for primary students (art 1(26), (28) and (30)).

This regional regulation regulates the authority enjoyed by the municipal government of Banjarmasin, including in the fields of agriculture; mining and energy; industry and trade; cooperatives; capital investment; public works; education and culture; spatial regulation; and environment.

This regional regulation obliges Muslim school children to attend Madrasah Diniyah Awaliyah, which is a non-formal educational stream that makes provision for Islamic religious education for a term of four years at primary level (art 5). The regulation states that this requirement is based on the Pancasila ('five principles' - Indonesian state ideology) and the 1945 Constitution (art 2), and that it will meet societal needs by supplementing the Islamic education of students who attend public schools (art 3).

This regional regulation obliges Muslim school children to attend Diniyah Takmiliyah, which is a non-formal educational stream that makes provision for Islamic religious education for a term of four years at primary level, two years at middle school level, and two years at high school level (arts 3 and 6). The regulation states that this requirement is based on the Pancasila ('five principles' - Indonesian state ideology) and the 1945 Constitution (art 2), and that it will supplement the Islamic education of students who attend public schools (art 4). The curriculum comprises the study of the Qur'an and Hadith, creed and morals (aqidah - ahlak), legal understanding and worship (fiqih - ibadah), Islamic cultural history, Arabic language, and practical worship (art 13(1)). 

This regional regulation is an example of a regulation that, arguably, Islamises public life without making specific reference to Islam or religion (agama). It regulates the sale of alchohol, prohibiting its sale in all places but 3-, 4-, and 5-star hotels, certified restaurants, and pubs and nightclubs (art 5(1)). It prohibits the sale of alcohol near places of worship, schools, hospitals, and residential areas (art 5(2)(b)).

The regulation also prohibits the consumption of alcohol in:

1. busy public spaces, such as a parties;
2. open places visible to the public;
3. places of worship; and
4. formal and non-formal education institutes (art 6).

According to the Penal Code of 1960, criminal laws purportedly based on sharīʿa ceased to exist in Northern Nigeria. In 2000, twelve states of Northern Nigeria sought to reintroduce Islamic criminal law, which had been partially in place prior to the 1960 law reforms. In pursuit of its vision to restore Islamic criminal law, the government of Bauchi state in Northern Nigeria set up a “Sharia Implementation Committee.” The Committee was charged with examining the legality and constitutionality of the proposed laws, inquiring into public opinion, and educating members of the public. To carry out this task, the Committee consulted Muslim jurists, state-trained lawyers, legal academics, and members of the public. This volume of Philip Ostien’s Sharīʿa Implementation Sourcebook contains the report of the Committee.

The Karnataka High Court ruled that the ḥijāb is not "essential" in Islam and upheld a Government Order dated 05.02.2022, issued under sections 7 & 133 of the Karnataka Education Act of 1983. That order directs the College Development Committees all over the State to prescribe the ‘Student Uniform,’ presumably in terms of Rule 11 of Karnataka Educational Institutions Rules of 1995 (Classification, Regulation & Prescription of Curricula, etc.), which bans headscarves in classrooms. A full bench of Justices on the High Court sat to hear several petitions filed by Muslim students who attend government pre-university colleges in the region and who were alleged prejudice from the ban. The Court issued this order, restricting girls from wearing headscarves, or ḥijāb, deeming it as not “essential” in Islam arguing that “what is not religiously made obligatory therefore cannot be made a quintessential aspect of the religion through public agitations or by the passionate arguments in court,'' and as a use of religious symbols by students in governmental educational institutions that have established dress codes noting that Muslim women’s  ḥijāb goes against their “constitutional spirit of ‘equal opportunity’ of ‘public participation’ and ‘positive secularism’.”

These materials include the results relating to gender of a perceptions survey carried out in three sharīʿa states in early 2016, which included questions on hisbah and women, zakat and gender issues, practices harmful to women, and education of girls and women. Also included is documentation of a number of public enlightenment and sensitization programs on women’s rights carried out in the sharīʿa states, and of the effect of sharīʿa implementation on the education of girls and women.

These materials are a part of The Nigeria Papers – a SHARIAsource Special Collection, compiled and edited by Independent Scholar Philip Ostien and others. 

This regional regulation prohibits the production, sale, purchase, storage, distribution, possession, and/or control, of alcoholic beverages (art 4). Only three-five star hotels are exempted from this prohibition (art 5). In its elucidation, the regulation states that the vision of Agam is to create an Islamic public life, through education, dakwah (Islamic proselytisation and propagation), and the fostering of Islam. It also states that Islam is not the only religion that does not tolerate the consumption of alcohol, citing the impact it can have on people's health, as well as the effect it has on those on the periphery. The elucidation also cites Minangkabau culture and custom, based on the adage 'Adat basandi syara', syara' basandi Kitabullah' ('tradition founded upon Islamic law, Islamic law founded upon the Qur'an'), meaning that alcohol is both haram (forbidden) and prohibited at a customary level.

This regional regulation states that Muslim dress is one measure to implement Islamic teachings in everyday life, as a way of realising a society that is faithful to, and God-fearing of, Allah Subhanahu wa ta'ala.

The Regulation mandates that people must wear Muslim dress in government and private-sector offices, state and private schools, universities, educational and non-educational institutions, and at official events. The general public is also encouraged to wear Muslim dress in everyday life, including at general entertainment events.

Men are required to wear long trousers, with either a long- or short-sleeve shirt, and it is recommended to wear the traditional peci (headdress). Women are required to wear a long-sleeve shirt covering their hips, a skirt or long trousers that reaches the top of their feet, as well as a headscarf that covers their hair, ears, neck, and chest. None of these clothes are to be tight-fitting.

For Muslim students, boys are to wear long trousers, with either a long- or short-sleeve shirt. Girls are to wear a long-sleeve shirt that covers their hips and chest and reaches their knees, a skirt or long trousers that reaches the top of their feet, as well as a headscarf that covers their hair, ears, neck, and chest. Again, none of these clothes are to be tight-fitting.

The preamble of this regional regulation acknowledges the constitutional guarantee to freedom of religion, states that the realisation and implementation of Islamic teachings are reflected in the clothes people wear in everyday life, that covering one's aurat (genitals and other parts of the body Islam requires to be covered) is obligatory in Islam, and that communal life that reflects Islam, and efforts to realise a faithful and God-fearing society, requires the implementation of this Regulation.

The regulation mandates that people must wear Muslim dress in government and private-sector offices, state and private schools, universities, educational and non-educational institutions, and at official events. The general public is also encouraged to wear Muslim dress in everyday life, including at general entertainment events.

Men are required to wear long trousers, with either a long- or short-sleeve shirt, while women are required to wear a long-sleeve shirt covering their hips, a skirt or long trousers that reaches the top of their feet, as well as a headscarf that covers their hair, ears, neck, and chest. None of these clothes are to be tight-fitting.

For Muslim students, boys are to wear long trousers, with either a long- or short-sleeve shirt. Girls are to wear a long-sleeve shirt that covers their hips and chest and reaches their knees, a skirt or long trousers that reaches the top of their feet, as well as a headscarf that covers their hair, ears, neck, and chest. Again, none of these clothes are to be tight-fitting.

This Country Profile provides a basic overview of the legal history and institutional structures of the Democratic People's Republic of Korea/North Korea (Choson-minjujuui-inmin-konghwaguk), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under North Korea'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 Iceland (Lydveldid Island), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Iceland'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 Tajikistan (Jumhurii Tojikiston), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Tajikistan'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 India (Republic of India/Bharatiya Ganarajya), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under India'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 Kingdom of Bahrain (Mamlakat al Bahrayn), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Bahrain’s Constitution, Islamic law (sharīʿa or fiqh) has legal status, and is the principal source of legislation.

This Country Profile provides a basic overview of the legal history and institutional structures of Brunei Darussalam (Negara Brunei Darussalam), based on research produced by the Library of Congress. Under Brunei's Constitution, Islamic law (sharīʿa or fiqh) is the principal source of legislation.