SHARIAsource

University of Toronto

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Armenia (Hayastani Hanrapetut'yun), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Armenia'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 Commonwealth of Australia, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Australia’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 Austria (Republik Österreich), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Austria'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 Belarus (Respublika Belarus), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Belarus’ 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 Belgium (Royaume de Belgique [French]/Koninkrijk Belgie [Dutch]/Koenigreich Belgien [German]), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Belgium’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 Bermuda, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Bermuda’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 Bolivia (República de Bolivia), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Bolivia’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 Federative Republic of Brazil (República Federativa do Brasil), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Brazil’s Constitution, Islamic law (sharīʿa or fiqh) has no legal status.

Mr. Zafar Hasan, a Muslim of Indian heritage, sued his former employer, Foley & Lardner LLP, under Title VII, alleging discrimination based on religion, race, national origin and color. The plaintiff claimed that his work assignments were cut and he was ultimately terminated because he was Muslim. For support, he points to the cut in his assignments that occurred immediately after 9/11, a comment made by one partner that “those people [Muslims] don’t belong here…they should kick them all out,” a warning by another partner to be careful about displaying articles the plaintiff had written on his view that Islam is a peaceful religion, and the fact that the other two Muslims in his department were either transferred or terminated in the same time period. The defendant company responds that it cut Mr. Hasan’s work and then terminated him due to poor work performance. The Circuit Court reversed and remanded the District Court for the Northern District of Illinois’s grant of the defendant’s motion for summary judgment, concluding that the plaintiff had presented enough direct evidence of religious discrimination to allow the case to move forward.

The EEOC represented a group of Muslims suing their former employer, Norwegian Cruise Lines, under Title VII, alleging religious and national-origin discrimination. The plaintiffs claimed that these discriminatory motives caused the company to target them for increased scrutiny, to create a hostile work environment by allowing their co-workers to verbally harass them (in part, by referring to them as terrorists), and finally, to terminate them. The plaintiffs further entered a complaint for negligent infliction of emotional distress on these bases. The defendants argued that they terminated the plaintiffs for inconsistent answers given to background questions and because they were “positive matches in the FBI database.” The Court dismissed the claim of negligent infliction of emotional distress, but concluded that the discrimination case could go forward as plaintiffs had established a prima facie discrimination case such that a jury could find that the company’s reasons given for terminating the plaintiffs were pretexts for a discriminatory reason.

A Pakistani Muslim bank employee suffering from irritable bowel syndrome (IBS) sued his former employer, Bank of America, under Title VII alleging discrimination on the basis of religion and national origin; under the American Disabilities Act (ADA) for discrimination on the basis of disability; and under Title VII and the ADA for retaliatory firing following his filing a complaint with the Equal Employment Opportunity Commission (EEOC).  Specifically, the plaintiff argued that his religious beliefs required him to take several prayer breaks throughout the workday, and that this practice ultimately led to his firing. The defendant responded that the employee was fired because of poor work performance. The Court found that the plaintiff failed to make out a prima facie case of discrimination, and that, even if he did, the defendant had provided a legitimate, non-discriminatory reason for terminating his employment that the plaintiff did not dispute. The Court entered summary judgment in favor of the defendant company and dismissed the retaliation claim, concluding that the plaintiff had established no connection between the EEOC filing and his termination. 

A Pakistani Muslim hospital employee sued his employer under Title VII, New York State Human Rights Law, and New York City Human Rights Law (after receiving a right to sue letter from the Equal Employment Opportunities Commission (EEOC)), alleging discrimination based on race, religion, and national origin and a hostile work environment. The plaintiff argued that he received negative performance evaluations because he was absent from work on several Fridays and other days in observance of Islamic religious prayer services and holidays, in compliance with Islamic ritual law. The Court concluded that the plaintiff failed to make out a prima facie discrimination claim, as he never articulated any adverse employment action suffered. The Court, however, allowed Plaintiff’s hostile work environment claim to move forward as it raised a material question of fact that should be decided by a jury. 

The EEOC represented an African-American Muslim suing his former employer under Title VII, alleging religious discrimination and a hostile work environment. The plaintiff claimed he had been the recipient of many offensive comments (such as being called a “towel head” and “Taliban”) and degrading actions (such as his co-workers hiding his time card while he was at prayer services). The Court reversed and remanded a decision by the District Court for the District of Maryland to grant the defendant’s motion for summary judgment. This Court held that a jury could find that the conduct was sufficiently severe or pervasive enough to warrant a hostile work environment and that his employer had notice of the ongoing conduct; it thus denied the defendant company’s motion for summary judgment and allowed the case to proceed.

The plaintiff, a Muslim occupational health physician, sued his former employer, the Department of Veteran Affairs and its Secretary, Jim Nicholson, under Title VII, alleging religious discrimination and retaliation for filing a discrimination claim with the Equal Employment Opportunity Commission (EEOC). He filed the claim after he heard his supervisor refer to Muslims as a threat and after his supervisor’s wife made comments about how she and her husband do not like Muslims and the way they live—presumably referring to his observance of prayers, fasting, and other aspects of Islamic ritual law. The plaintiff discovered that his position was being eliminated sometime after these comments were made, but continued to consult with his former employer about infectious diseases. Three months following his position’s elimination, the plaintiff saw a job advertisement for the same position at his former place of employment and filed a claim with the EEOC for discrimination. Immediately after his supervisor found out about his claim, the plaintiff contends that he was no longer allowed on the property and that other employees were barred from contacting him for consultations. The Court concluded that the timing was questionable enough that a jury could find that the events described were examples of retaliation. The Court reversed and remanded the decision of the District Court for the Southern District of Mississippi to grant Defendant’s motion for summary judgment, allowing the case to go forward. The parties ultimately settled the case, and the case was closed in December of 2008.

An Arab-American police officer in New York City sued his employer under §1981 (providing “a cause of action for race-based employment discrimination based on a hostile work environment”), New York Executive Law Section 290, and New York Administrative Code Section 9-101 (both state laws imposing “liability on aiders and abettors of unlawful discriminatory practices”), as well as laws prohibiting the creation of a hostile work environment. The plaintiff worked for the NYPD’s Intelligence Division and claimed that the Department made him read anti-Muslim and anti-Arab rhetoric in the form of briefings from an anti-terrorism consultant. According to the plaintiff, these briefings entailed the consultant instructing the reader to not trust Muslims in law enforcement and making comments like “a good Muslim…can’t be a good American.” The Court held that a jury could find that the conduct was severe or pervasive enough to allow a hostile work environment claim to proceed. It thus denied the defendant’s motion for summary judgment and allowed the case to go forward. The case was ultimately closed in 2010 after an order of dismissal without ever going to trial. The plaintiff did not lodge an explicit claim on the basis of Islamic law, but his allegations about religion may have included ritual practice or dress related to Islamic law.

The Muslim plaintiff sued her former employer, Supervalu Holdings, under Title VII, alleging religious discrimination. Specifically, she argued that the company overlooked her for a position with more responsibility because of her religion. The court held that the plaintiff failed to establish a prima facie case of discrimination, as she neither proved that non-Muslims were treated better, nor did she allege that she suffered an adverse employment action (as the higher-level position did not offer additional compensation or benefits). Thus, this Court affirmed the U.S. District Court for the Western District of Pennsylvania’s granting of the defendant’s motion for summary judgment.

Representing a Muslim former employee of the defendant, the EEOC sued the company, operating as a car dealership, under Title VII, alleging that it subjected the employee to a hostile work environment because of his religion and national origin. Specifically, the plaintiff alleged he suffered numerous instances of harassment because of his religion after 9/11, including being called Taliban by his supervisor and receiving a warning saying he was acting like a Muslim. The Court held that there was sufficient evidence for a jury to find the conduct severe or pervasive enough to warrant a hostile work environment claim, and thus reversed the District Court’s granting of the defendant’s motion for summary judgment. The case settled in October 2007.

A female Muslim employee sued her former employer under Title VII and the District of Columbia Human Rights Act (DCHRA) for discrimination based on religion. The plaintiff claimed that she was suspended and then terminated from her job for failing to remove her religiously mandated head-covering (ḥijāb). The Court granted the defendant’s motion to dismiss, concluding that the plaintiff’s claim was untimely, having passed the statute of limitations for both Title VII and the DCHRA.

The Plaintiff, the Muslim Community Association of Ann Arbor, challenged the Pittsfield Charter Township, the Township Board, Township Supervisor Mandy Grewal, and six Township Board of Trustees Members for their refusal to re-zone the area surrounding the Plaintiff so that the Plaintiff could expand and build a school. Although an independent outside planner endorsed the rezoning, the Plaintiff alleged that the Respondents denied rezoning due to concerns from community members, stemming largely from an animus to the Islamic faith. By denying the rezoning proposal on this basis, the Plaintiff claimed that the Respondents discriminated against the organization in violation of the Religious Land Use and Institutionalized Persons Act, the Fourteenth and Fifth Amendments of the U.S. Constitution, and "state law claims" in the Michigan state constitution. The Respondents filed a 12(b)(6) motion to dismiss. The District Court determined that the Plaintiff sufficiently pleaded the Township Board of Trustees' individual liability under Section 1983. However, the District Court dismissed the other claims alleging violations of RLUIPA, the US Constitution, and the Michigan Constitution.