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date: 29 October 2020

Abstract and Keywords

This article examines the shari‘a debate in North America, particularly the argument that shari‘a must be banned in Canada and the United States based on the belief that Islam is a threat to western culture and that Muslim men are dangerously sexist against women. It contends that the mahr or bridal gift, a key element of every Islamic marriage agreement, must be enforced in North America as a means to combat poverty among post-relationship dissolution women. The article begins by assessing false assumptions and myths about shari‘a law and its interaction with state law and policy. It then considers how US and Canadian courts have actually recognized the diverse desires of their Muslim citizenry, paying attention to various Muslim requests and shari‘a-based rules. It argues that an outright denial of the mahr as contrary to vague notions of public policy is unjust and contrary to longstanding American and Canadian traditions.

Keywords: shariʿa, North America, Islam, Muslim women, mahr, marriage, poverty, religious arbitration, Muslims, family law

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