Shariah Law and American State Courts: An Assessment of State Appellate Court Cases
This study evaluates published appellate legal cases that involved “conflict of law” issues between Shariah (Islamic law) and American state law.
Table 3-Cases by Category
Category | Number of Cases |
Shariah Marriage Law | 21 |
Child Custody | 17 |
Shariah Contract Law | 5 |
Shariah Doctrine | 3 |
Shariah Property Law | 2 |
Due Process/Equal Protection | 1 |
Shariah Marriage Law/Child Custody | 1 |
Table 4-Trial Court Shariah Compliant Decision
Shariah Compliant? | Number of Cases |
No | 22 |
Yes | 15 |
Indeterminate | 9 |
Not Applicable | 4 |
Table 5-Appellate Court Shariah Compliant Decision
Shariah Compliant? | Number of Cases |
No | 23 |
Yes | 12 |
Indeterminate | 8 |
Not Applicable | 7 |
Table 6 – Cases by Country Originating Conflict of Foreign Laws*
Country | Number of Cases |
Saudi Arabia | 6 |
Iran | 6 |
Lebanon | 6 |
Egypt | 4 |
Pakistan | 3 |
Jordan | 3 |
Morocco | 3 |
India | 2 |
Iraq | 2 |
Afghanistan | 1 |
Algeria | 1 |
Gaza [sic] | 1 |
Israel | 1 |
Philippines | 1 |
United Arab Emirates | 1 |
Syria | 1 |
*Total is less than total number of cases because some cases did not specify a specific country
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