Islamic law has historically played a role in honoring and pressing for shared commitments to justice and equality under the law on the basis of shared moral principles in mixed Muslim and non-Muslim settings. These values are rooted both in the U.S. Constitution and the moral principles of sharīʿa.
U.S. District Court for the District of South Carolina, Contributed by Clare Duncan
U.S. District Court for the Northern District of Illinois, Contributed by SHARIAsource StaffMore Commentary
In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform. The Court also noted that the Muslim Personal Law (Shariat) Application Act of 1937, which protects the religious freedom of Muslims in India, does not constitutionally protect practices deemed “anti-Qur’anic.” Asserting that triple ṭalāq is such a practice, the Court held that it could not be protected under the Indian Constitution.
Akhila Kolisetty, Contributed by SHARIAsource Staff
Zubair Abbasi, Contributed by Zubair Abbasi