The primary motivation for my research study is to address two legal questions. First, to what extent does precedent exist for religion-based legal pluralism in the religious and legal histories of England, Canada, and the United States? Secondly, if precedent does exist, does it offer guidance in determining the practicability and/or plausibility of incorporating Islamic law into the American legal framework?
As it relates to integration of Islamic law to accommodate religious preferences in the UK and Canada, each country has arguably moved further than has the US in articulating a definitive legal stance on the issue. I also expect to move beyond focusing on religion-based legal pluralism as an issue that falls within the realm of international human rights. Instead, I expect to address the topic as a domestic, justiciable legal question with an answer to be found in historical precedent coupled with interpretative legal guidance from countries that have already addressed a similar issue.
Source of Funding: College of Arts and Law Scholarship