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  • Islamic Shari’a in Theory and Practice

    Islamic Shari’a in Theory and Practice

    >Excerpts of the lecture on “Islamic Shari’a in Theory and Practice” presented to the College at Florham Library and PubliMind Poll of Fairleigh Dickinson University, April 5, 2010. The speaker was Professor Gabriel Sawma.. You may see the lecture in its entirety at the following link: In 1979, the Soviet Union invaded Afghanistan for […]

  • >Islamic Marriage Contract in the Hanafi Jurisprudence

    >Islamic Marriage Contract in the Hanafi Jurisprudence

    >The Hanafi School of Jurisprudence is one of the four Schools in Sunni Islam. It was founded by Nu’man abu Hanifa (d. 767) in Kufa in modern Iraq. Abu Hanifa (father of Hanifa) is considered one of the “tabieen” (followers) of the companions of the Prophet Muhammad. He had the good fortune to have lived […]

  • >The Jihaz in Islamic marriages

    >The Jihaz in Islamic marriages

    >Jihaz (dowry) or trousseau is the amount of clothes, household linen, furniture and other belongings contributed by the bride and/or her family to the marriage. It has to be distinguished from the mahr, which is an agreement between the wali (guardian) of the bride and her future husband by which the groom pays certain sum […]

  • >The Nafaqa in Islamic Marriage

    >The Nafaqa in Islamic Marriage

    >Under Islamic Shari’a, a man is obligated to support his wife with food, clothing, and shelter. His obligation starts as soon as the marriage is consummated. This article discusses the issue of nafaqa in the Islamic marriage. In Islamic Shari’a, nafaqa is defined as an obligation of material support for the wife and children. This […]

  • >The Mahr Provision in Islamic Marriage Contracts

    >The Mahr Provision in Islamic Marriage Contracts

    >In recent years, many Islamic divorce cases were litigated in the United States family courts. The issue of mahr in the Islamic marriage contracts became subject of debate among lawyers and scholars. This article sheds lights on the Islamic mahr in USA. Mahr is the amount of money, or its equivalent, paid by the husband […]

  • >Indian Divorce in U.S. Courts

    >Indian Divorce in U.S. Courts

    > Many Indian nationals had their marriage in India and domicile in the United States. They travel back to India for the purpose of obtaining divorce certificates. The issue of jurisdiction becomes important factor for the recognition of their foreign divorce judgments in the United States. This article analyzes this issue. In most circumstances, a […]

  • >Islamic Divorce in U.S. Courts

    >Islamic Divorce in U.S. Courts

    > Islamic Divorce Obtained in a Foreign Country U.S. Courts do not apply Islamic Shari’a law because it violates the Establishment Clause set in the United States Constitution; American Courts do apply foreign law in certain cases involving international principle known as “conflict of Laws,” or “Private International Law.” This is referred to in U.S. […]

  • >Application of Islamic Shari’a in US Courts

    >Application of Islamic Shari’a in US Courts

    > In 2004 a crash of Blackwater Flight 61 occurred in the rugged mountains of central Afghanistan, killing three soldiers and three-man crew. The widows of the soldiers sued Presidential Airways, Blackwater’s sister company, which was under contract with the U.S. military to fly cargo and personnel around Afghanistan. Lawyers for the company has asked […]

  • >The Shebaa Farms Under International Law

    >The Shebaa Farms Under International Law

    >By Gabriel Sawma Esq. Background Following World War I and the fall of the Ottoman Empire, the territories of Lebanon and Syria, which were considered one single political unit prior to the War, were mandated by the League of Nations to France. The principle underlying the Mandate was expressed in Article 22 of the Covenant […]