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Established in 1991, the Asian Pacific American Law Journal (APALJ) is dedicated entirely to Asian Pacific American issues. APALJ is one of only two law journals in the nation that focuses exclusively on the legal issues affecting APA communities. Run by students at the UCLA School of Law, the Journal seeks to facilitate discourse on issues affecting South Asian, Southeast Asian, East Asian, and Pacific Islander communities in the United States.

APALJ plays an important role by providing a forum for legal scholars, practitioners and students to communicate about emerging concerns specific to Asian Pacific Americans and by disseminating these writings to APA populations. We work hard to continually outreach to the community and initiate discourse on APA issues. The journal welcomes articles from academics and professionals in the field, as well as comments and case notes from law students.

Asian Pacific American Law Journal

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Articles

Cultural Oppression Disguised as Religious Obligation: A Fatal Misrepresentation to the Advancement of Muslim Women’s Rights in the Context of the So-Called Honor Killings

Advocates of women’s rights have faced various struggles throughout the decades in the advancement of women’s rights and emancipation in Muslim-majority countries.  Much of the struggle is caused by the long-held misconception that the principal barrier to the advancement of such rights is due to the religion of Islam or, more accurately, the prevailing interpretations of Islam.  In fact, historically, Islam has helped to further women’s rights.  If that is so, then there must be another reason so as to why Muslim women living in Muslim-majority countries or Muslim communities in the west are often deprived of the same rights that are granted to their western counterparts.  The answer lies within the culture itself.

The dangers of misconstruing culture with religion is apparent.  For one, mixing up religion with culture does not create an accurate depiction of Islam, which is why Muslim communities in different parts of the world practice “Islam” differently.  What often occurs is different communities often mix their culture with religion, resulting in different versions of Islam being practiced from one community to the next with dire consequences for women.  Second and more relevant to this discussion, if one were to perceive tension between women’s rights and religion, the advancement of women’s rights would be much more difficult to achieve.  That is because opponents often hide behind arguments that religion takes precedence over all other rights.

Because of the complexities caused by mistaking cultural norms as religion, this Article aims to lay to rest the misconception that women’s rights are hindered by religion.  By arguing that it is culture and tradition that are the main obstacles to the advancement of women’s rights in Muslim communities, this Article hopes to defeat any potential arguments that aim to hinder the advancement of women’s rights under the false guise of religion.  In doing so, this Article will look at one practice that is erroneously perceived as being governed by Islamic law: honor killings.

Patriotism, Rebuffed

During the three decades that Diamond Kimm spent in the United States, he confronted the most powerful judicial and legislative authorities in the country.  As a leader in the Korean American community in Los Angeles, Kimm spoke publicly about his political beliefs and criticized U.S. policies overseas and military intervention on the Korean peninsula.  Immigration officials sought to deport Kimm on the basis of his suspected communist affiliations and Kimm’s subsequent fight to remain in the country illuminates a significant chapter in the development of constitutional protections for immigrants, as well as the history of Asian Americans in the United States.