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"This would arouse an additional wave of protest among jurists and intellectuals who work with the authorities and so forth.
The wholesale rejection of the new wisdom in the name of simple, robust, and more practical piety (which had been initiated by Ibn Taymiyyah and which continued to find exponents among jurists) made little impression on its devotees.
The question of whether a virgin daughter has the right to object to a marriage contracted for her by her father has been the subject of debate among jurists, given that a widely accepted saying of Muhammad seems to imply this right.
As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons.
A number of lower courts had already rejected the 6th Circuit's approach, so the 9th Circuit's ruling only makes the split among jurists official — and, eventually, something for Congress or the Supreme Court to resolve.
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Jackson said that there was not total agreement among Islamic jurists on the point, but Luttwak's assertion to the contrary was wrong.
With a lively attention to detail, he surveys a sprawling series of debates among rulers, jurists, philosophers, political reformers, writers, and others, who were all engaged in laying the groundwork for our contemporary systems of constitutional governance.
Khaled Abou El Fadl, a professor at the University of California, Los Angeles, School of Law, said the majority opinion among Islamic jurists is that the law of apostasy can apply only to individuals who knowingly decide to be Muslims and later renege.
When France's highest court upheld the compensation ruling last year, it caused an uproar here among doctors, jurists and disabled people who saw it as establishing a "right not to be born".
IslamOnline, which runs an "Ask a scholar" service, states that "There is a consensus among Muslim jurists that a woman is not allowed to lead men in a mosque or congregation".
At the same time there is increasing anger among lawyers, jurists, politicians and civil society representatives that the Supreme Court is acting like a military dictator.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com