Islamic Law

Islamic law or sharia law is an advancing area of the law in the United States. Due to the influx of Islamic immigrants, Islamic law has grown prominence in law practitioners in the country. Islamic law is derived from the Quran, considered by the Muslims as the word of God, and the "Sunnah" or the teachings of Mohammad as prophet. Aside from the Quran and the Sunnah, Islamic law is also derived from religious edicts and legal decisions interpreting the law. Sharia law is a special kind of law in that it only applies to people who are practicing the Islam religion. This law governs all areas of the Islamic life, including marriage, crime, property, business and banking. Islamic law is governs both the personal and public practice of Islam as religion. In countries where Islamic law is widely recognized, there is a set of judges who interprets and makes decisions on disputes arising from Islamic law. In the United States, there are no different set of judges who makes decisions based on Islamic law. Rather, judges in the American legal system are the ones who are tasked in interpreting Islamic law vis-à-vis American laws.

The pervasive issue with Islamic law is its conflict with American civil law. Adaptation of sharia law in the United States vary in each state. Numerous states have adapted Islamic law in their legislation to accommodate Islamic practices, which are often different from American practices, but a few states have limited the application of Islamic laws. There is an increasing number of cases that question the constitutionality of certain laws and liberties as they often exclude Islamic practices, are seen insensitive to Islamic feelings, or are contrary to the Islamic beliefs. Because personal Islamic beliefs and feelings are sensitive, American courts are careful in deciding cases revolving around these issues.

One of the common application of Islamic law in the United States is in cases of divorce. Typically, judges will recognize the validity of marriage under Islamic law from a Muslim country in order to issue a divorce decree. The issue of marriage under Islamic law is an area of continuous debate in the United States as American family law prohibits polygamy or the marriage of one man to two or more women or the marriage of one women to two or more men.

Banking in the Islamic law, however, is a different matter to American courts. In order to attract investors from the Middle East and other Islamic countries, American banks and businesses have complied with requirements under the sharia law. Islamic banking law requires the company to donate a percentage of its annual profits to Islamic organizations designated by their Sharia-compliance advisors.

Legal issues arising from Islamic law is a sensitive matter in the United States and should be left handled by practitioners of both Islamic and American law. An expert Islamic law attorney would know how to be compliant with Islamic laws and reconcile both Islamic and American law for the client's best interest.

Areas of Law

Business Law - Legal Information and Resources

Business Law

Business law governs the operation of businesses, from its formation (business organization) to its demise (bankruptcy or liquidation). Business law also governs the transactions between businesses, between business and government, and between business and the public. Traditionally, business law encompasses certain areas of law, such as business organizations, tax law, securities regulation, finance law, and bankruptcy. Business law, however, has developed through the years to include many other branches of law, such as environmental law, advertising law, intellectual property law, and labor law. With the advent of online selling, business law has expanded its claw to virtual stores, subjecting them to similar, if not the same, rules and regulations as brick-and-mortar businesses.

Business law attorneys are hired for transactional work. This means, they do not represent clients in court. Rather, business law attorneys are hired to prevent the business from getting into litigation. One of the major work done by business law attorneys is the drafting of contracts. Business law attorneys need to be experts in numerous areas of the law to make sure that a contract is drafted in accordance with the Uniform Commercial Code adopted in a specific jurisdiction. A well-executed contract means a business and the counterparty is confident that both of them will perform their obligations in accordance with the contract.

Formation of a business is a tedious job that needs the expertise of business law attorneys. Even before a business opens its doors for trading, it needs to be compliant with numerous laws regulations. Non-compliance of these regulations would mean no permit for trading or the imposition of sanctions. Choosing the type of business -- single proprietorship, partnership, corporation, and limited liability companies -- alone is already a daunting task that can only be undertaken by someone who is knowledgeable of the matter. A business can be further customized -- to "S-corps" as save taxes, or "limited partnerships" for some owners to participate solely as investors -- depending on the needs of the company. For most companies, the primary purpose in selecting a certain business form is to protect the owners from individual liability. Without the assistance of an expert business law attorney, owners may be putting all of their personal assets within the reach of creditors should they choose a business form without prior expert counsel. In addition to the formation of a business, expert counsel from business law attorneys is also needed in the drafting of internal agreements on how a company should be managed. Internal agreements are sensitive documents as it governs how owners will share profits and losses, make important decisions, and transfer ownership rights.

Another complicated matter that could arise in the operation of a business would be commercial transactions. Business owners are capable of dealing with certain commercial transactions; however, there are commercial transactions that are too complicated and touches on evolving areas of law that an expert counsel must be sought upon. These transactions may involve such laws as securities regulation or internet commerce. Aside from providing transactional services to a company, business law attorneys also provide an objective insight on the company that business owners may fail to possess as they often put their hearts into managing their business.

Areas of Law

Tax Law - Legal Information and Resources

Tax

Tax is the bloodline of the country, and states. It is regulated by the government for the main purpose of increasing revenues. Taxes are assessed by the government upon the value of properties, transactions and licenses. Taxes are also assessed by the government upon the value of the estates of a deceased person and the imposition of duties on imports. Tax law governs legislation, rules and policies that oversee the tax process. There are modes of paying taxes: direct and indirect. Property and income taxes are direct taxes, while sales and service taxes are indirect taxes. There are numerous tax collection and tax enforcement agencies in the federal and state levels. Non-governmental agencies, such as retailers, can also serve as intermediaries who collect taxes and pay these taxes to the government. Tax law is also a complex area of law, and is increasingly becoming difficult because the power of taxation can be used for purposes other than raising revenues.

The U.S. tax code, also known as the Internal Revenue Code, is administered primarily by the Internal Revenue Service. The IRC is complex and provisions must be read in context of the entire Code and the court decisions that interpret it. In addition to the IRC, federal tax laws also include the IRS's proposed regulations, temporary regulations, rulings, private letter rulings, procedures, policy statements, and technical information releases. Also part of federal tax law are the official interpretations of the IRC by the U.S. Department of Treasury. Moreover, federal tax law includes decisions by the federal tax court, which is a special court created to resolve disputes between taxpayers and the IRS. States and local governments also have their separate tax laws, regulations, and court decisions. Decisions by the Tax Court may be appealed to the Federal District Court of Appeals and final review is retained by the Supreme Court.

There are numerous nuances involving tax laws. But knowledge of tax laws are important for both individuals and businesses in the United States as misrepresentation of income or property value to avoid paying the appropriate taxes is a criminal offense and may lead to serious repercussions in the form of huge penalties or imprisonment or both. The federal government strictly enforces tax laws as it has been proven through historical data that tax evasion has caused the government millions of losses per year. It is in this regard that the federal government is overzealous in running after tax evaders, after non-payment of taxes means less funds for public programs.

Tax attorneys perform numerous functions. Tax attorneys provide counsel to individuals and businesses on how to have their incomes and properties properly valued such that they can avoid paying steep taxes, yet avoid being charged with tax evasion. Tax attorneys know the nuances that accompany this specific area of law so they are knowledgeable as to tax exemptions and tax holidays, which can help big businesses stave off millions from their expenditures. Tax attorneys also represent clients from an initial audit to IRS administrative appeals and tax litigation.


Areas of Law