What is Common Law?

What is common law? In legal law, common law refers to the body of legal law developed by judges, such as statutory, probate, and bankruptcy courts, by virtue of having established in written opinions by juries. The defining characteristic of common law is that it derives as precedent from precedents, which are past decisions of judges or other quasi-judicial bodies. Common law generally governs contemporary expectations of law.

The United States is a nation of common law institutions, which trace their roots back to the English monarchy and English common law. Historically, the judicial authorities relied on what was commonly understood to be commonsense, and rarely appealed to any higher principle. Often these were judges who had formerly exercised political power, but who were politically neutral. Thus, even though they could not prescribe laws, they could affirm or disclaim a right. This ability to attribute rights or duties to individuals comes from the same source as the power to define the parameters of natural justice.

As noted above, the framers of the US Constitution drew from common-law traditions and practices when determining the scope and limitations of the Constitution and the Bill of Rights. Because the US system is largely representative in nature, the federal courts tend to look to past decisions for precedent whenever there is a question of interpreting the Constitution or the Bill of Rights. For example, civil law decisions concerning child support and family law, both involving matters of public concern, are often considered state issues. However, if the federal courts find that a state’s divorce laws discriminate against women, or that a state has violated the guarantees of the Bill of Rights, they may look to the decisions of other states for guidance. As a result, it is not uncommon for state and federal courts to agree on a common law or common-law rule governing one or more of a number of fundamental rights or freedoms. This principle of precedent allows the courts to resist encroaching upon personal and private rights and to promote a just society.

What is common law in America is not just a list of what the courts have always done; rather, it is a list of what they have always ruled. Thus, lower courts cannot review prior decisions that have been upheld by lower courts. Lower courts are only allowed to review decisions that higher courts have not ruled against. …


Dr. BR Ambedkar’s thoughts about Islam and Muslims in India

14 October 2021 marks the 65th year since Dr Babasaheb Ambedkar took one of the largest decisions of his adult life. He gave up Hinduism and adopted Buddhism. He was joined by close to 360,000 supporters at Deekshabhoomi Nagpur where they renounced Hinduism and took up Buddhism.

Ambedkar was born in a Mahar caste (Dalit), who were considered untouchables. Ambedkar decided, to end the suffering caused by Hinduism, to switch to another faith. After contemplating for two decades which religion best fit his needs, he decided on Buddhism and converted on 14th October 1956.

Ambedkar had to decide which faith he would choose before he could make a decision. He was sure that the religion he converted would come from Indian soil and not be influenced by other religions. After deep analysis of Abrahamic faiths at the time, he concluded that their homogeneity as well as monotheistic principles didn’t fit in with the pluralistic and diverse nature of Indian society.

Ambedkar was the most critical among the Abrahamic faiths. It is a travesty to history that BR Ambedkar, whose horrifying criticisms of the caste systems are routinely cited in order to scorn Hinduism but whose trenchant critique of Islam and more specifically the history Muslims in India have received little critical examination, has been swept underthe rug.

Babasaheb is known for his openness and willingness to share his views. He didn’t shy away from speaking his mind and was often open to discussing complex issues that politicians were hesitant to address.

Babasaheb Ambedkar did not hesitate to express his opinions on Islamic doctrines.

Ambedkar’s barbaric views on Islam, Muslims in India, and Islam

The seminal book titled ‘Pakistan Or The Partition Of India,’ which was published first in 1940 with subsequent editions of 1945 and 1946, contains Ambedkar’s thoughts on Islam, Muslims in India, and other topics. This book, a collection his speeches and writings about Islam, provides a fascinating account of Ambedkar’s thinking.

These thoughts might earn him the label “Islamophobic”, which radical Islamists would use to describe him today.

Ambedkar stated in a clear and concise way that Islam was divisive. It was a religion that divided people into rigid groups of Muslims (Muslims) and non-Muslims (Non-Muslims). The benefits of brotherhood or fraternity were restricted to Muslims, while the former was treated with contempt, hatred, and enmity.

“Hinduism divides people, while Islam binds them together. This is only …


Louisville Muslim Group’s Efforts in Dispelling Islam Myths

Louisville mosque members hope that their regular open houses will become a learning experience for neighbors, who are closely watching the Taliban’s resurgence and have questions about Islam.

Sabeel said that “It’s a common phenomenon for people to fear the unknown when they don’t know one another.”

Ahmed, who is director of GainPeace, an international organization that strives to bridge Muslims with other people, speaks frequently at Guiding Light Islamic Centre in Louisville.

He said that the feedback he has received so far was that people are kind, positive, and sincere. “They want information about Islam. They don’t want to be just a follower of social media or some other non-valid sources. Instead, they come here and open up.”

Ahmed stated that Islam fear has been intensified by the Taliban in recent weeks. The Taliban, Ahmed said, takes Islam too far and isn’t representative of the wider community of Muslims in America and other countries.

“Just like, suppose the KKK is doing anything wrong in honor of Christianity or Bible. We don’t blame Christianity/the Bible community, we just blame the specific individuals,” he said.

Many Muslims in Louisville are working right now to help Afghanistanns who may be being persecuted and oppressed by the new government.

Ahmed stated that they are seeking support for refugees and those who remain in the country, as well as people who might need it. “So, legally, logistically, financially, we are coming to one another.”

Ahmed stated, “His job is to help people understand their neighbours better.”

He said that he wanted people to realize that they are all humans, despite differences, and that there is no one country like it. We want to work together as Americans and Muslims. That’s what we believe.…


Statement of Parliamentary Secretary to Islamic Heritage Month in 2021

Rachna Singh, Parliamentary Secretary for Anti-racism Initiativess has released this statement in celebration Islamic Heritage Month.

“October is Islamic Heritage Month. An opportunity to honor the generosity, heritage and contributions of Muslim communities. It’s also a chance of solidarity against anti Muslim hate, Islamophobia and any other forms of hatred.

“British Columbia hosts a large Muslim community. There are more than 79,000 who call the province home. We are grateful that Muslims continue to make contributions in all areas within the province. These contributions are rich in arts, culture, business, and philanthropy and bring diversity and wealth to our communities.

“While this celebration is great, we know that our community has had significant challenges in recent years. We’ve seen a marked increase in hateful remarks against Muslims in Canada, and B.C. We’ve also seen an increase of hateful attacks against Muslims in Canada and British Columbia. This is unacceptable.

“Racisms and hate hurt people in our communities. We need all of our collective voices and support to stop hate in any form. Our government will tackle all forms of discrimination, including hate-based and faith-based.

“We have acted quickly to fund grassroots antiracism project funding. We’ll introduce anti-racism law in spring 2022 to ensure a more equitable province.

“This October is Islamic Heritage Month. I encourage you all to participate in local events within your community to learn more about the different cultures and traditions that Muslim Canadians bring with them.”…


Mawlid al-Nabi: An Overview

Tens of millions of Muslims around the globe will celebrate the birthday of Prophet Muhammad on 18 October in a celebration called Mawlid an–Nabi (or milad).

Although the prophet did not mark the occasion, most Muslim countries celebrate it. Some even make it a national holiday.

Many Muslims will decorate their homes and streets to celebrate the day. They also plan to attend communal meals and mosque speeches that recount the life of the prophet.

What is Mawlid al-Nabi? When is it marked?

Mawlid al-Nabi (Arabic for “birthday of prophet”) marks the anniversary of Prophet Muhammad’s birth.

Because of his importance in Islam, some Muslims remember the event. According to the faithful, the Quran is God’s last testament to mankind and was revealed to him by God. He was also believed to be the most important messenger that God sent to humanity.

Participants will mark the occasion by attending special meals at mosques, where they can reflect on the prophet’s teachings.

Mawlid is celebrated on the 12th of Rabi al–Awwal, the 3rd month of Islam’s calendar. This equates to 19 Oct 2021 in the Gregorian calendar.

The Islamic calendar follows the lunar cycle. It is ten to eleven days shorter than the Gregorian calendar. This means that the date of Mawlid changes every year. The 17th day in the month is designated by Shia Muslims.

Sometimes, the celebration is also called Mawlid, Milad or Eid Milad un–Nabi.

What significance does the religion have?

Muslims see the Prophet Muhammad as a role model in ethics and spirituality. Commemorating his life is another way to keep his memory alive in collective Muslim consciousness.

The centrality of the prophet in Islam, and the lack of a religiously-required holiday to commemorate his life, has given the Mawlid a special significance for Muslims.

Muslims will spend Mawlid learning more and looking for ways to improve themselves through his teachings.

Many rituals are performed in a communal setting, where worshippers gather in mosques or community centres.

Are all Muslims able to commemorate the Prophet’s Birthday?

Some Muslims do not celebrate the birthday of the prophet. Some Muslims choose to not celebrate the occasion because it is not required or explained in Islamic teachings. Others believe it’s an unneeded innovation and should not be celebrated.

Others see Mawlid as an opportunity for them to discover more about the prophet’s positive attributes, and his teachings.

Most Muslims in Saudi Arabia and Qatar …


Reforming Faith: Socially Liberalizing Moderate Islam

Saudi and Emirati efforts at socially liberalizing moderate Islam while remaining subservient of an autocratic ruler in Emirati and Saudi Arabia are as much an attempt to save their regimes and boost aspirations for leadership in the Muslim world as they are an effort to overcome challenges rooted from diverse strands and religious ultraconservatism.

Although the Emiratis and Saudi Arabia are trying to get religious softpower, there is much in common between them even though they use historically different forms. Both Gulf states are rivals in battle for Islam’s soul. They must decide what strand will dominate Islam in the 21stcentury.

The Middle Eastern rivals are trying to ease tensions in the region by managing their disputes and conflicts instead of resolving them. These efforts are more focused on soft power rivalry than hard power confrontation.

Saudi Arabia, UAE and other countries promote moderate Islam based on recent social reforms. They preach absolute obedience to rulers and make the clergy subordinate to them.

Saudi Arabia’s ban on women’s driving was lifted. Women’s personal and professional opportunities were increased, religious police powers were reduced, and Western-style entertainment was introduced.

Last November, the UAE allowed married couples to cohabit. The UAE also relaxed alcohol regulations and criminalized “honour killings,” a controversial religiously-packaged tribal custom that allows a male relative (or a man) to kill a woman for disobeying her family.

Saudi Arabia, the UAE and Turkey compete in the Muslim World with Turkish and Iranian Islamist branches of the faith that are laced to nationalism.

Some Wahhabism strands, which is an ultra-conservative interpretation and foundation of Islam, challenge the Gulf state’s state-led moderation rather than of theology or Muslim jurisprudence of religious practices.

“Wahhabism has split into three major groups since 1990: a left which has developed a discourse about civic rights, an centre occupying official positions of state (dubbed ‘ulama al-sultan’ or the ruler’s priests) that has resisted the loosening in their powers within the social, juridical and multimedia spheres, and a Wahhabi-right sympathetic to the jihadist discourses associated with al-Qaeda’s focus on foreign policies,” explained Andrew Hammond.

Turkey and Iran present a geopolitical hazard, but the autocratic monarchical regime is more fundamentally endangered by the religious threat posed to what Mr. Hammond labels the Wahhabi Left and Wahhabi Right as well Indonesia’s Nahdlatul Ulama. They are the only non-state actors in the struggle for the soul of Islam and advocate and practice …