SHARIAsource

A Muslim female teacher sued her former employer, the Board of Education for the School District of Philadelphia, as well as the Commonwealth of Pennsylvania under Title VII, alleging religious discrimination. The defendant school board argued that it suspended and ultimately fired the plaintiff under the Pennsylvania Garb Statue (Public Law No. 282) when she refused to remove her headscarf while teaching. The U.S. District Court for the Eastern District of Pennsylvania found in favor of the defendant Commonwealth, but against the School Board. The Third Circuit affirmed the decision against the Commonwealth but reversed the decision against the School Board, holding that, while the statute may present conflicts with the First Amendment, to bring a claim under Title VII, as the plaintiff did, requires proving that the accommodation would not be an undue burden for the employer. The Court further held that allowing teachers to wear religious garb would be an example of an undue burden, as it threatens the religious neutrality of the public school system. The Court upheld the conclusion of the District Court that “the Commonwealth was not [plaintiff’s] employer within the meaning of Title VII."

This regional regulation makes provision for the management of zakat (alms), infaq (property donated by a person or entity, outside of zakat, for the purpose of public welfare), and sadaqah (property donated by a Muslim or entity owned by a Muslim, outside of zakat, for the purpose of public welfare), through the Badan Amil Zakat (Alms Administering Body) and Lembaga Amil Zakat (Alms Administering Institution).

This regional regulation is an example of a regulation that, arguably, Islamises public life without making specific reference to Islam or religion (agama). It regulates the sale of alchohol, prohibiting its sale in all places but 3-, 4-, and 5-star hotels, certified restaurants, and pubs and nightclubs (art 5(1)). It prohibits the sale of alcohol near places of worship, schools, hospitals, and residential areas (art 5(2)(b)).

The regulation also prohibits the consumption of alcohol in:

1. busy public spaces, such as a parties;
2. open places visible to the public;
3. places of worship; and
4. formal and non-formal education institutes (art 6).

This regional regulation makes provision for the management of zakat (alms), infaq (property donated by a person or entity, outside of zakat, for the purpose of public welfare), and sadaqah (property donated by a Muslim or entity owned by a Muslim, outside of zakat, for the purpose of public welfare), through the Badan Amil Zakat (Alms Administering Body). The provision of zakat, infaq and sadaqah, according to the regulation, is to increase societal welfare. The regulation states that by raising the profile, role, and function of religious (Islamic) institutions, as well as the benefit derived from the provision of alms, an improvement in societal welfare will be realised.

The Karnataka High Court ruled that the ḥijāb is not "essential" in Islam and upheld a Government Order dated 05.02.2022, issued under sections 7 & 133 of the Karnataka Education Act of 1983. That order directs the College Development Committees all over the State to prescribe the ‘Student Uniform,’ presumably in terms of Rule 11 of Karnataka Educational Institutions Rules of 1995 (Classification, Regulation & Prescription of Curricula, etc.), which bans headscarves in classrooms. A full bench of Justices on the High Court sat to hear several petitions filed by Muslim students who attend government pre-university colleges in the region and who were alleged prejudice from the ban. The Court issued this order, restricting girls from wearing headscarves, or ḥijāb, deeming it as not “essential” in Islam arguing that “what is not religiously made obligatory therefore cannot be made a quintessential aspect of the religion through public agitations or by the passionate arguments in court,'' and as a use of religious symbols by students in governmental educational institutions that have established dress codes noting that Muslim women’s  ḥijāb goes against their “constitutional spirit of ‘equal opportunity’ of ‘public participation’ and ‘positive secularism’.”

This Country Profile provides a basic overview of the legal history and institutional structures of the United States of America, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under the United States 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 the Bahamas, based on research produced by the Library of Congress. Under the Bahamas' 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 Federation of Saint Kitts and Nevis, based on research produced by the Library of Congress. Under Saint Kitts and Nevis' 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 Albania (Republika e Shqipërisë), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Albania’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 Chad (Republique du Tchad/Jumhuriyat Tshad), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Chad'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 Yemen (Al Jumhuriyah al Yamaniyah), based on research produced by the Library of Congress. Under Yemen's Constitution, Islamic law (sharīʿa or fiqh) is the primary source of legislation.  

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Fiji (Republic of Fiji/Matanitu ko Viti), based on research produced by the Library of Congress. Under Fiji'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 Cooperative Republic of Guyana, based on research produced by the Library of Congress. Under Guyana'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 Democratic People's Republic of Korea/North Korea (Choson-minjujuui-inmin-konghwaguk), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under North Korea'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 Turkmenistan, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Turkmenistan'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 Rwanda (Republika y'u Rwanda), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Rwanda'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 Gabonese Republic/Gabon (Republique Gabonaise), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Gabon'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 Finland (Suomen tasavalta/Republiken Finland), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Finland'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 Central African Republic/CAR (Republique Centrafricaine), based on research produced by the Library of Congress. Under the CAR's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.