Jurisprudence

narrate a hadith while walking. Instead, when asked about a hadith, he would stop, sit down, and give the hadith the attention it deserved, out of respect for Prophet Muhammad ﷺ. This type of extra respect and meticulousness out of respect for Prophet Muhammad ﷺcertainly is not mandatory according to Islamic law, but simply a sign of the emphasis Imam Malik placed on the importance of Muhammad ﷺ. Among Imam Malik’s sayings are: 1. “The Sunnah is the ark of Nuh. Whoever boards it is saved, and…

Adjudicatory hearing – This is the actual trial that occurs in a juvenile case. The judge in this hearing will determine whether the facts in the petition (which will be defined separately) are actually true. This decision is made after the judge hears all of the information, along with any testimony. The entire process in an adjudicatory hearing is similar to some of the structure in that of an adult trial, but the hearing is a bit more controlled and without a large amount of the “adversarial…

Friday, the 18th of March, 2005, shall be remembered as a watershed in the Islamic discourse on the role of woman in religious life, as the first-ever Friday congregation was led by a Muslim woman scholar that day. The woman prayer leader, Amina Wadud, professor of Islamic Studies at the Virginia Commonwealth University, was considered a heretic by many, as she challenged the halo of sanctity around the male-centric, and in some cases, misogynic constructions of Muslim religious teachings.…

This school of thought focuses upon women as a class dominated by another, driven by arguments of women occupying different and inferior or subordinate positions in society . It is the view that feminist jurisprudence cannot exist until patriarchy is abolished . This has necessitated ‘special’ concern and responsiveness , as political and social structures are seen to continue to maintain inequalities and the dominance of male privilege. Radical feminism takes…

A majority of the discussion surrounding the Fisher III decision is focused upon what implications it has on affirmative action jurisprudence. Opponents of race-conscious admissions programs argue that Fisher III effectively raises the standard and makes strict scrutiny truly strict. Proponents, on the other hand, argue that the Court’s decision in Fisher III did not have a tangible effect on the court’s analysis of racial considerations by University admission officers. Derek W. Black, in his…

moral authority, social privilege, and control of property.” From the depths of a patriarchal society, feminist jurisprudence emerged in an attempt to rectify the harms that resulted from such a system. However, such an overt sense of patriarchy no longer exists in 21st Century America; in order to accommodate to current knowledge regarding gender, classical feminist jurisprudence theorists, such as Patricia Smith, have redefined patriarchy to be inclusive of gender identity (masculinity and…

Consensus or general agreement is a concept that is oft seen in law, it is when there is a meeting of the minds between two or more parties. In jurisprudence, consensus often arises as a legitimating devise, this is especially so when with regards to contractualism. Contractualism refers to the social contract theory and the idea that without consent, no one can be subjected to the political power of another. Many works about the social contract have been produced but this essay will focus on…

The First Amendment and legal precedent also provide a clear interpretation of permissible speech, yet, controversial court decisions in the past decade have placed religious issues into the spotlight. An analysis of modem Establishment Clause jurisprudence shows the Supreme Court (“Court”) has relied upon separation of church and state as its core basis…

There is nothing wrong with using foreign citation when appropriate. Foreign citations should be used when interpreting a treaty or to avoid violating a treaty. [Article VI of the Constitution of the United States say that the constitution and the laws made under it shall be the supreme law of the land and the judges and the courts in every state shall be bound thereby.] 1 When we talk about the use of foreign law in decisions concerning U.S. constitutional cases we are talking about treaties…

To protect restorative justice, active responsibility is an important element but, it is also argued that there could be injustice if passive responsibility has ignored. However, concerning of Brent Fisse’s theory of reactive fault, many criminal justice systems execute the concept of casual fault and reactive fault. The balance between this two fault very from one jurisdiction to another but, for example, in some Asian jurisdiction, reactive fault is the greater fault than causal fault.…