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.

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Civil Rights Law - Legal Information and Resources

Civil Rights

Civilrights, which include the right to vote, right to equality, freedom from involuntary servitude, and freedom of speech, press, assembly,is an enforceable right. Only when it is trampled upon that a person may seek redress. Civil rights law protects and preserves the liberties enjoyed by all citizens in the United States. Civil rights law also protects individuals from government conduct, which are arbitrary and which deprive individuals of their lives or property without due process of law.

The Bill of Rights in the U.S. Constitution is the primary source of civil rights law. The most important expansions of civil rights inthe United States are embodied in the Thirteenth Amendment, which abolished slavery throughout the nation, and the Fourteenth Amendment, which constitutionalizes due process of law and equalprotection of the law. The decades that followed the enactment of theThirteenth Amendment and Fourteenth Amendment saw the creation of numerous civil rights statues, most of which are still in place in the United States.

Congress passed into law the Civil Rights Act of 1964, which prohibits discrimination in public establishments connected to interstate commerce or are supported by the state. The Act defined public establishments to include places of public accommodations, restaurants, gas stations, bars, and places of entertainment. Subsequent legislation prohibited discrimination in public schools and colleges, and in federally funded problems. The Act further expanded to prohibiting discrimination in the workplace.

The Supreme Court's decisions in civil rights cases have resoundingeffects as to how civil rights are recognized throughout the nation.Supreme Court decisions also has a huge influence on how Congressenact civil rights laws and how states protect these rights.

One of main issues arising from civil rights violations is discriminationin workplace, especially with regards to gender, are common. Women,increasingly members of the LGBT community, are susceptible to sexualharassment and suffers undue disadvantage in career promotionsbecause of gender.

Another common issue is the improper conduct by law enforcement resulting toexcessive force or brutality, illegal searches and seizures, falsearrests, and unjustified police shootings. Power play often figures in lawsuits arising from police brutality, as the police or the federal government would typically argue that their act was on behalfof their duty to maintain peace and order. These lawsuits are also often emotional as surviving members of the victim's family try to seek justice for individuals killed by the police. Most often, these lawsuits are also politically charged especially in cases where race or ethnicity play a role in the police conduct.

In addition, another main issue arising from civil rights violation is malicious prosecution. As new technology are developed to probe evidence, many individuals across the nation are filing lawsuits seeking redress of their wrongful conviction. These cases involve large settlements and jury awards and would need skillful litigating tactics of a civil rights attorney. Another common abuse to civilrights is prison brutality. In recent years, inmates have gained stronger voices in telling courts of inhumane and cruel practices incorrectional facilities. Inmates, however, cannot keep a steady voice without a civil rights attorney who is ready to fight against the government.

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