| While Islamic law proves vital for Muslims, its implementation in the United States and the West has proved challenging. In part, challenges stem from the intersection between the Muslim system of religious law and secular legal institutions. In this work, this inter-relationship is examined. In part, this is an examination of the manner in which Muslims have been characterized and Islam has been received by U.S. courts. This work, then considers whether certain common characterizations employed by U.S. courts serve to establish or reinforce stereotypical understandings of the Muslim faith and its practitioners. As well, this is an examination of the manner in which U.S. courts have treated specific questions rooted in Islamic law, with particular, emphasis upon matters from the areas of marriage, divorce and child custody litigation. Finally, this work looks to the examples of Germany, England and Canada to determine whether there are viable alternative avenues to the treatment of issues rooted in Islamic law. In concluding, this work seeks to ask the question of whether Muslims and Islamic law have received the sort of treatment by U.S. courts that may be termed "equitable."... |
