Volume 15, Issue 3 (Spring 2018)
- May 2023
- March 2023
- February 2023
- June 2022
- May 2022
- April 2022
- March 2022
- December 2021
- November 2021
- October 2021
- June 2021
- May 2021
- December 2020
- August 2020
- July 2020
- May 2020
- January 2020
- September 2019
- June 2019
- May 2019
- January 2019
- May 2018
- April 2018
- February 2018
- January 2018
- December 2017
- October 2017
- May 2017
- March 2017
- February 2017
- October 2016
- July 2016
- May 2016
- October 2015
- March 2015
- October 2014
- July 2014
- May 2014
- April 2014
- October 2013
- May 2013
- April 2013
- May 2012
- October 2011
- May 2011
- October 2010
- May 2010
- May 2009
- May 2008
- December 2007
- November 2007
- October 2007
- January 2007
- October 2006
- January 2006
- January 2005
WHEN LOCAL GOVERNMENTS WAIVER: GIVING BITE TO STUDENTS WITH DISABILITIES’ FEDERAL RIGHT TO AVAIL PHYSICAL EDUCATION
Maliha Ikram
Including Students with Disabilities (SWDs) in physical education is a national interest that must be protected. Federal law, codified in the Individuals with Disabilities Act (IDEA), articulates that disability is a natural part of the human experience, and improving educational results for children with disabilities is an essential element of U.S. national policy of ensuring equality of opportunity for individuals with disabilities. With a national policy as profound as equality backing federal legislation for individuals with disabilities, it is surely the case that eliminating or effectively undercutting opportunities for SWDs to participate in physical education programming is a violation of their education rights. In this Article, the author proposes that physical education is and has always been an integral part of general public school curriculum. As such, SWDs must be provided equal access to physical education in public schools both as a matter of statutory right and national public policy. View More.
IJTIHAD THROUGH THE LENS OF CRITICAL THEORY
M. Mehdi Ali
The modern era has posed a plethora of philosophical challenges for Islamic scholars and Muslim communities that were unrecognizable in the pre-modern period. Although the passage of time has brought about seismic shifts in societal values, the religious discourses on certain fundamental questions, especially conventions relating to marital law, are still based on pre-modern assumptions and methodologies.
This article will examine the methodologies of two prominent contemporary Muslim jurists, Ayatollah Ali Al-Sistani and Sheikh Yusuf Al-Qaradawi, in negotiating between the vast body of Islamic legal literature that discusses marital law within a commercial contract law framework, and modern liberal perspectives about gender equality in marriage. More broadly, this article will assess the trajectory of ijtihad, an Islamic juristic concept that can be roughly translated as “independent reasoning,” in the modern and post-modern period through the lens of critical theory. Islamic jurisprudence as it pertains to family law, and in particular, marital law is an excellent case study for such an examination because of: (a) the vast differences in legal theory and legal practice, especially in the modern era; and (b) the chasm between certain Sharia-based rules and “modern” values and sensibilities. View More.