Understanding Jurisprudential Approaches to Islam


The United States recent deal with a United Arab Emirites Company to operate seven U.S. Ports highlights a growing tension in U.S. and Arabic commercial relations. One tension that has remained unnoticed is the role that U.S Courts play in interpreting Islamic texts when the commercial or legal outcome depends on an understanding of the religious culture. This article describes seven cases that demonstrate various approaches to this problem. This article utilizes an approach by James Boyd White, and suggests that translation or its kin transliteration can help judges in deciding Islamic legal principles.


Commercial Law | Comparative and Foreign Law | Conflict of Laws | Judges | Jurisprudence | Law and Society | Religion Law

Date of this Version

February 2006