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90 Chi.-Kent L. Rev. [i] (2015)

handle is hein.journals/chknt90 and id is 1 raw text is: CHICAGO-KENT LAW REVIEW VOLUME 90 2015 NUMBER 1 CONTENTS SHARI'A AND HALAKHA IN NORTH AMERICA SYMPOSIUM EDITOR MARK D. ROSEN INTRODUCTION Mark D. Rosen 3 OPPOSITION TO ISLAMIC AND JEWISH RELIGIOUS PRACTICES IN CONTEMPORARY AMERICA: OVERLAP AND DIVERGENCES, THE ANTI-SHARI'A MOVEMENT IN AMERICA Roundtable Discussion 13 INSTALLATIONS OF JEWISH LAW IN PUBLIC URBAN SPACE: AN AMERICAN ERUV CONTROVERSY Charlotte Elisheva Fonrobert 63 This article analyzes the ongoing controversy over the installation of an eruv in Westhampton Beach. The author first provides an analytical description of the case with reference to other recent eruv controversies. Similar to arguments ad- vanced in earlier eruv controversies, lawyers in the Westhampton case have taken recourse to the First Amendment, with proponents of the eruv relying on the free exercise clause, and opponents relying on the establishment clause. The article then proceeds to discuss the implications of this controversy for the larger issues of religion in the public sphere, as one of the critical issues emerging in all modern eruv controversies is the visibility of religion in the public sphere. The author further seeks to comment on the way the lawyers in the Westhampton Beach controversy used her scholarly work on the function of the eruv in ancient rabbinic law. OPERATING ISLAMIC JURISPRUDENCE IN NON-MUSLIM JURISDICTIONS: TRADITIONAL ISLAMIC PRECEPTS AND CONTEMPORARY CONTROVERSIES IN THE UNITED STATES Mustafa R. K. Baig 79 With the recent public furor in the United States regarding Shari'a, stud- ies into the content of Islamic jurisprudence concerning Muslims living under non-Muslim jurisdiction are more pertinent than ever in the U.S. context. As anti-Shari'a rhetoric has increased in fervency, informed input into the debates could go some way in correcting the peddled misconceptions. The paper begins by assessing how Muslim scholars viewed a Muslim's travel to and residence in

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