This paper addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the paper reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The paper thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose.
Ibn Ḥārith al-Khushanī recorded the following case as a ḥikāya, an anonymous report: A Christian appeared before the judge Aslam b. ʿAbd al-ʿAzīz, petitioning to be executed. The anecdote offers insight into the historical role of judges during a period of religious dissent in the Umayyad Caliphate, while the author's narrative voice demonstrates past judicial approaches to rationality, humor, and violent penalization.
This text is part of Maribel Fierro, The Judges of al-Andalus, forthcoming.
These laws were drafted and passed by the Islamic Emirate of Taliban, when they ruled Afghanistan during 1416-1421 / 1996-2001, and published in the Official Gazette of Afghanistan. These are proper Afghan laws, most of which are still in force in Afghanistan today.
Table of Contents of Official Gazette No. 799:
1. Law on Duties and Functions of the Ministry of Amr bil Ma'ruf wa Nahi 'an al-Munkar (Enjoining Good and Forbidding Evil)
2. Annexure of the Regulation of Conducting Amr bil Ma'ruf wa Nahi 'an al-Munkar
3. Regulation on the Islamic Emirate of Afghanistan ("IEA") Departments of Invitation and Guidance (Da'wah wa al-Irshad)
4. Recommendation by the Emir of the IEA regarding Expulsion of Beardless Teens from the [Taliban] Movement
5. Recommendation by Mujahid Mullah 'Umar and other Shari'ah-based Instructions in Relation to the Prohibition on Beating People Up
6. Message of the Emir of the IET regarding Non-Smoking
7. Message of the Head of the IET regarding Expulsion of (Beardless) Teens from the Army and Front-Lines
8. Executive Order of the Emir of the IEA in Relation to Non-Interference in the Appointment of Imams for Masajid
9. Executive Order of the Emir of the IEA in Relation to the Manner of Checkup and Treatment of Female Patients
10. Decree by the Emir of the IEA in Relation to the Prohibition of Trimming and Shaving Beards
11. Decree by the Emir of the IEA in Relation to Non-Interference in Activities of Security Guards in Cities
12. Message of the Emir in Relation to the Prohibition of Using Foul Language over Communication Lines to Opposition Forces on the Front Lines of War
13. Decree by the Emir of the IEA in Relation to the Pursuit of Elements that Work towards Defaming the [Taliban] Movement and Spoiling Its Reputation
14. Decree by the Emir of the IEA in Relation to the Prohibition of Trimming and Shaving Beards
15. Decree by the Emir of the IEA in Relation to the Prohibition of Levy of Money as "Tehjayee" from Prisoners and Charging Commutation Fees on Those Summoned by Emirati Entities
16. Message of the Emir of the IEA in Relation to Avoiding Lavish Feasts
17. Executive Order of the Emir of the IEA in Relation to the Prohibition of the Collection of Wheat from Houses or Land
18. Decree by the Emir of the IEA in Relation to Offerring Prayers in Congregation (Jama'at)
19. Decree by the Emir of the IEA in Relation to the Rights of Women in Society
20. Order of the Emir of the IEA in Relation to the Prohibition of Interference of Emirati Personnel in Matters Related to Accused of Violation Related to Amr bil Ma'ruf wa Nahi 'an al-Munkar
21. Decree by the Emir of the IEA in Relation to Proper Conduct of Amr bil Ma'ruf wa Nahi 'an al-Munkar at District Level
22. Executive Order of the Supervisory Council of the IEA in Relation to Putting Turban on Head
23. Message of the Emir al-Mu'minin in Relation to Offering Prayers
24. Decree by the Emir of the IEA in Relation to Offering Prayers
25. Recommendation by the Emir al-Mu'minin in Relation to Tying Turbans Properly
26. Executive Order of the Emir of the IEA in Relation to the Prohibition of Management of Islamic Schools by Foreign Organizations
27. Executive Order of the Emir of the IEA in Relation to the Prevention of Bribery
28. Executive Order of the Emir of the IEA in Relation to the Prevention of Marijuana Cultivation
29. Executive Order of the Emir of the IEA in Relation to the Prohibition of Operating Music Cassettes in Emirati Vehicles
30. Decree by the Emir of the IEA in Relation to the Destruction of Hashish and the Demolition of Its Production Factories
31. Decree by the Emir of the IEA in Relation to Cooperation with the Minister of Amr bil Ma'ruf wa Nahi 'an al-Munkar in the Destruction of Hashish and the Demolition of Its Production Factories
32. Executive Order of the Emir of the IEA in Relation to the Prohibition of Transferring Favorite Employees in Case of Transfer of an Official to a New Post
33. Executive Order of the Emir of the IEA in Relation to the Prohibition of Taking Office Equipment in Case of Transfer or Termination of Civilian or Military Staff
34. Decree by the Emir of the IEA in Relation to the Appointment of Teachers and Advisors and the Activation of Offices of Amr bil Ma'ruf wa Nahi 'an al-Munkar at District Level
35. Executive Order of the Emir of the IEA in Relation to Cooperation of Military Personnel with the Office of Military Amr bil Ma'ruf wa Nahi 'an al-Munkar
36. Decree by the Emir of the IEA in Relation to the Prohibition of Employment of Women in Foreign and Non-Governmental Organizations
37. Decree by the Emir of the IEA in Relation to Employees' Attendance and Leaving Office at Specified Times
38. Decree by the Emir of the IEA in Relation to Arranging Sessions of Religious Discussions/Lectures in Military Centers
39. Decree by the Emir of the IEA in Relation to the Prohibition of Unwanted and Evil Acts in War (Jihad)
40. Decree by the Emir of the IEA in Relation to the Prohibition of Sports in Sportsgrounds and Gymnasiums after Salat Al-'Asr Adhan (Call for Prayer)
41. Decree by the Emir of the IEA in Relation to the Prohibition of Levy of Fines (Pecuniary Punishment) in Ministries, General Independent Directorates and Entities and the Supersession and/or Amendment of All Provisions in All Laws, Regulations and Statutes Related to the Imposition of Fines
42. Decree by the Emir of the IEA in Relation to the Punishment of Those Persons who Convert to the Superseded Religions of Christianity or Judaism (Apostates)
43. Executive Order of the Emir of the IEA in Relation to the Manner of Conducting House and Premises Search
44. Decree by the Emir of the IEA to Civil and Military Organs Prohibiting Dealing Cases of Those who Trim their Beards
45. Executive Order of the Emir of the IEA in Relation to Conducting a Meeting of the Heads of Provincial Courts, Heads of Intelligence, Heads of Amr bil Ma'ruf wa Nahi 'an al-Munkar and Police Chiefs every Ten (10) Days
46. Decree by the Emir of the IEA in Relation to the Prohibition of Displaying Pictures of Living Things, [Christian] Cross and Holy Words on Domestic Products
47. Decree by the Emir of the IEA in Relation to the Prohibition of Importing Shari'ah Non-Compliant Items and Products into the IEA and the Responsibility of Customs Not to Process Them
48. Executive Order of the Emir of the IEA in Relation to Convening Meetings in All Military Centers
49. Executive Order of the Emir of the IEA in Relation to the Appointment of Ombudsmen in Districts
50. Executive Order of the Emir of the IEA in Relation to Allocating Sufficient Air Time on Radio for Contents of Amr bil Ma'ruf wa Nahi 'an al-Munkar
51. Recommendation by the Honorable Emir al-Mu'minin to All Civil and Military Staff
52. Executive Order of the Emir of the IEA in Relation to Designing Programs for Propagating and Disseminating Amr bil Ma'ruf wa Nahi 'an al-Munkar by the Ministry of Amr bil Ma'ruf wa Nahi 'an al-Munkar and the Ministry of Information and Culture
53. Executive Order of the Office of the Senior Minister in Relation to the Punishment of Those Emirati Employees who Indulge in Evil Deeds Outside their Offices