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7 - “Islamic Law” in US Courts: Judicial Jihad or Constitutional Imperative?

from Part II - The Politics of Islamophobia in the Courts

Published online by Cambridge University Press:  29 September 2020

Cyra Akila Choudhury
Affiliation:
Florida International University
Khaled A. Beydoun
Affiliation:
University of Arkansas
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Summary

One month after the State of Kansas passed Senate Bill 79, banning the use of foreign law,1 a Johnson City district court was faced with the consequences when Elahm Soleimani sought the enforcement of her Islamic marriage contract on divorce.2 Her contract with Farahmarz Soleimani stipulated a mahr payment of 1,354 gold coins, a value of $677,000 at the time, in the event of divorce. From the facts, it appears that Farahmarz was more than happy to agree to the mahr (payment by the groom to the bride, part of an Islamic marriage) amount at the time of the marriage, given that it was his second marriage and she was twenty-four years his junior.3

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Publisher: Cambridge University Press
Print publication year: 2020

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