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Practice Area

Corporate, Litigation, Non-Profit/Charity Law, National Security, Human Rights, Real Estate, Islamic Finance, Wills & Estates, Family

Education

JD (cum laude), University of Ottawa (Common Law)
LL.M., Osgoode Hall Law School of York University

Contact

Phone: (416) 289-9666 ex 28
Email: faisal@ksmlaw.ca


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Faisal Kutty

Barrister & Solicitor

Faisal Kutty is a co-Founder of Kutty, Syed & Mohamed and serves as counsel.

He practices in a broad range of areas and has acted for a diverse group of clients. He has prepared submissions and appeared in various courts, commisions and tribunals including United Nations Committees and Tribunals. He has advised and acted for a number of the leading Islamic Finance companies and charities in Canada. He has also acted on behalf of individuals and institutions caught up in anti-terrorism investigations.

He articled with a prominent Bay Street law firm, before starting his own practice in 1996.

He currently teaches law at Valparaiso University Law School in Indiana and serves as an adjunct professor of law at Osgoode Hall Law School of York University.

His frequent writings have appeared in the Toronto Star, National Post, Montreal Gazette, Ottawa Citizen, Buffalo News, London Free Press, Law Times, Windsor Star, Hamilton Spectator, Al Ahram, Arab News, The Washington Report, The Lawyers Weekly, and numerous other publications around the world.

He currently serves as co-chair of the Islamic Law Section of the Association of American Law Schools and as an executive member of the International Human Rights Law Section.


  • For the past seven consecutive years Faisal has been included in The Muslim 500: The World’s Most Influential Muslims, an annual compilation published by The Royal Islamic Strategic Studies Institute and is affiliated with the Royal Aal al-Bayt Institute for Islamic Thought headquartered in Amman, Jordan.
  • In 2016, he was presented with an Award of Excellence for his work in promoting human rights and justice by the Council of Agencies Serving South Asians (CASSA).
  • In 2015, he was awarded the Distinguished Teaching Award by the Valparaiso University Alumni Association.
  • In 2012, he was awarded the iCair Civil Rights Award from the Cleveland chapter of the Council on American Islamic Relations (CAIR) for his work in advancing human rights globally.
  • In 2007, he was awarded the Maher Arar and Monia Award in Civil and Human Rights from Maher Arar/Monia Mazigh and the Canadian Muslim Network for his work in advancing civil and human rights in Canada.
  • In 2004, he was awarded the Professional Excellence Award by the American Federation of Muslims from India.
  • In 2003, he was awarded the Community Service Award from the Toronto Community Resources Consultants for his work in advancing human rights in Toronto.
  • Member, Law Society of Upper Canada
  • Director, American Society of Comparative Law
  • Co-chair, Islamic Law Section, Association of American Law Schools
  • Executive Committee, International Human Rights Law Section, Association of American Law Schools
  • Legal system not doing enough for racialized members, THE TORONTO STAR, January 3, 2017.
  • Liberals must amend Anti-terrorism Act and add more oversight, WINDSOR STAR, December 30, 2016.
  • Eight reasons why Canada must repeal its anti-terror laws, MIDDLE EAST EYE, December 4, 2015.
  • Question Mark Zuckerberg’s Motives But Don’t Judge His Charity, THE HUFFINGTON POST, December 20, 2016.
  • Five Truths You Should Know About Terrorism and Islam, THE HUFFINGTON POST, November 16, 2015.
  • The Kim Davis Debacle Exposes the Limits of Religious Liberty, THE HUFFINGTON POST, September 11, 2015 (jointly written with David Herzig).
  • How Harper Sows Fear of Muslims in Pursuit of Votes, THE HUFFINGTON POST, September 9, 2015.
  • The Miseducation of Ontario’s New Sex Ed Curriculum, THE HUFFINGTON POST, May 21, 2015.
  • I Am Not a Terrorist, Despite What My Critics Told a Senate Committee, THE HUFFINGTON POST, March 15, 2015.
  • Do Canadians know what they just voted for?, ALJAZEERA INTERNATIONAL, February 25, 2015.
  • Black History Month Does Not Erase a History of Racism, THE HUFFINGTON POST, February 10, 2015.
  • #JESUISCONFUSED, ALJAZEERA INTERNATIONAL, January 22, 2015.
  • Revenge Porn and Free Speech: Let’s Not Throw Out the Baby with the Bathwater, JURIST – Forum, Dec. 2, 2014
  • The Movement to Ban Religious Law is Racist and Bigoted, THE HUFFINGTON POST, November 17, 2014.
  • Harper policies undermine deradicalization, THE TORONTO STAR, November 12, 2013.
  • The drone ‘blowback’: Drones fuel ‘blowback’ and undermine core principles of American identity, ALJAZEERA INTERNATIONAL, July 18, 2014.
  • Getting Rid of Tenure Won’t Fix Our Post-Secondary Problems, THE HUFFINGTON POST, July 10, 2014.
  • Law School Grad? You’re Going to Need These Job Interview Tips, THE HUFFINGTON POST, June 4, 2014.
  • Why Blasphemy Laws Are Actually Anti-Islamic, The Huffington Post, April. 15, 2104.
  • Why Accepting Gay Marriage May Not Be Contrary To Islamic Legal Norms, THE HUFFINGTON POST, March. 27, 2104.
  • Spain’s Apology, COUNTERPUNCH, March. 24, 2014.
  • Hajj brings inner peace, indispensable values, NORTHWEST INDIANA TIMES, October. 10, 2013.
  • Muslims Hold Key to Fighting Terror, THE TORONTO STAR, April. 25, 2013.
  • Black History Month: Celebration or Tokenism? THE TORONTO STAR, February. 10, 2013.
  • Free Expression and an Elusive Middle Ground: Part Two, JURIST, January. 7, 2013
  • Free Expression and an Elusive Middle Ground: Part One, JURIST, December. 21, 2012
  • Islamic Law, Adoptions and Kafalah, JURIST – Forum, November. 6, 2012
  • A celebration of the diversity and unity of humanity, JAKARTA POST, October. 25, 2012.
  • Toward a New Theory of Islamic Constitutionalism, Persuasive Authorities – Friday, September 18, 2009
  • Veils and Justice, THE TORONTO STAR, February. 4, 2009.
  • No Fly Lists Provide a False Sense of Security, THE TORONTO STAR, May 15, 2007.
  • Apologizing to Maher Arar: A Beginning, Not an End, JURIST LEGAL NEWS & RESEARCH, February. 2, 2007.
  • COMMENT: Human rights as we know them: a western construct
  • Lawyers Weekly – December 05, 2006
  • Toronto Arrests Spark Debate About Muslim Extremism, Washington Report on Middle East Affairs – September 06, 2006
  • Federal Court of Appeal (FCA) to Rule Whether U.S. Deserters are Refugees, Lawyers Weekly – May 15, 2006
  • Free Speech or Hate Speech?, Lawyers Weekly – February 22, 2006
  • American Conscientious Objector Wins Right to Appeal Refugee Board Ruling, Washington Report on Middle East Affairs – January 24, 2006
  • FOCUS ON ALTERNATIVE DISPUTE RESOLUTION – Boyd’s recommendations balance needs of religious communities with rights of vulnerable, Lawyers Weekly – May 13, 2005
  • Shariah courts in Canada, Myth and Reality, Law Times – March 9, 2004
  • Federal Court of Canada to Decide Landmark Case on Jewish Charity, Washington Report on Middle East Affairs – September-October 2002, page 43
  • Year of Living Dangerously: Canada’s Conservative Government Panders to Fears by Targeting Muslims, in “Guest Contributions” section of THE MUSLIM 500: THE WORLD’S MOST INFLUENTIAL MUSLIMS (December 2015).
  • Review of Drone Warfare: Killing by Remote Control, in 11 J. INT’L L. & INT’L RELATIONS. 92 (May 27, 2015).
  • The Kutty ‘Islamic Law’ Flowchart (Sept. 25, 2014) is available as a Valparaiso University Legal Studies Research Paper No. 14-9. This helpful tool in teaching Islamic Law has been extremely well received with RELIGIONCLAUSE (religion and law blog) and ICONNECTBLOG.COM (international law blog) featuring it. A number of Islamic law professors around the country have already indicated that they will be using it.
  • Islamic Law” in US Courts: Judicial Jihad or Constitutional Imperative?, 41 PEPP. L. REV. 1059 (2014)
  • Islamic Law and Adoptions (June 20, 2014), in ROBERT L. BALLARD ET AL., THE INTERCOUNTRY ADOPTION DEBATE: DIALOGUES ACROSS DISCIPLINES (Newcastle upon Tyne, UK: Cambridge Scholars Publishing, 2014).
  • Judicial Jihad and the American Way, in “Issues of the Day” section of THE MUSLIM 500: THE WORLD’S MOST INFLUENTIAL MUSLIMS (December 2014).
  • Creeping Shari’ah or Conspicuous Islamophobia, in COLUM. J. INT’L AFF. (December 2014).
  • The Myth and Reality of “Shari’a” Courts in Canada: A Delayed Opportunity for the Indigenization of Islamic Legal Rulings, Symposium issue, Islamic Law and Constitutional Liberty 7 U. ST. THOMAS L.J. (Issue 3).
  • Hate speech sometimes warrants censorship, in INTRODUCING ISSUES WITH OPPOSING VIEWPOINTS: CENSORSHIP (Noel Merino, ed., Greenhaven Press: Detroit, 2010).
  • No-Fly Lists Do Not Keep America Safe, in INTRODUCING ISSUES WITH OPPOSING VIEWPOINTS: NATIONAL SECURITY 89 (Lauri S. Friedman, ed., Gale/Greenhaven Press: Chicago, 2010).
  • Review of Nader Hashemi, Islam, Secularism and Liberal Democracy: Toward a New Democratic Theory for the Muslim Societies, (Oxford University Press, Oxford 2009), in THE GLOBE AND MAIL (July 9, 2009).
  • Review of David Dyzenhaus, The Constitution of Law: Legality in a Time of Emergency (Cambridge University Press, Cambridge 2006), in 24 WINDSOR REV. LEGAL SOC. ISSUES 73 (2008).
  • Non-Western Societies Have Influenced Human Rights, in OPPOSING VIEWPOINTS: HUMAN RIGHTS 41 (Jacqueline Langwith, ed., Gale/Greenhaven Press: Chicago, 2007).
  • The Shari’a Factor in International Commercial Arbitration, 28 LOY. L.A. INT. & COMP. L. REV. 565 (2006).
  • Review of David Hoile, Farce Majeure: The Clinton Administration’s Sudan Policy 1993-2000, 19 AM. J. ISLAMIC SOC. SCI., (Number 2, 2001).
  • Review of Richard Wormser, American Islam: Growing up Muslim in America (Walker & Company, New York 1994), in MUSL. WORLD BK. REV., Vol. 17, No. 3, 39 (1997).
  • Indian Muslims: Rebuilding a Community, 17 J. INST. OF MUSLIM MINORITY AFF. 107 (No. 1, 1997).
  • Review of Ahmad AbulJobain and Ahmad Bin Yousef, The Politics of Islamic Resurgence: Through Western Eyes (UASR. Inc., 1992), in ISLAMIC STUDIES 222 (1993).
  • Review of Joan M. Fitzpatrick, Human Rights in Crisis: The International System for Protecting Rights During States of Emergency (University of Pennsylvania Press 1994) in OTTAWA L. R. 253 (1994).
  • Speak No Evil: Victims Gagged as FBI Violates Rights – THE TECHNOSKEPTIC, October 5, 2016
  • If Donald Trump was campaigning in Canada, could he be charged for hate speech – THE NATIONAL POST, December 9, 2015
  • American Muslim women want change – AL ALARABIYA NEWS, November 10, 2015
  • American Muslim women want change – AL ALARABIYA NEWS, November 10, 2015
  • One on One with Faisal – THE ISLAMIC MONTHLY, September 22, 2015
  • Covered or uncovered: Global female body norms – ALJAZEERA, August 19, 2015
  • Fear and propaganda drive senate report on terrorism – THE TORONTO STAR, July 19, 2015
  • Canada’s anti-terror bill C-51 targets Muslims, rights group says – DAILY SABAH, May 6, 2015
  • Conservative senators hold kangaroo court on security: Siddiqui – THE TORONTO STAR, March 7, 2015
  • Attorneys Writing Their Way to New Business – STATE BAR OF WISCONSIN, March 4, 2015
  • Fighting Radicalization: Why mosques shouldn’t close their door to troubled Muslims – CBC NEWS, December 18, 2014
  • Violent radicalization at a high in Canada, though still an extreme minority – WINDSOR STAR, November 26, 2014
  • Preventing Violent Radicalization – CBC’s WINDSOR MORNING, November 26, 2014
  • University of Windsor hosts forums on dangerous radicalization of Muslim youth – WINDSOR STAR, November 24, 2014
  • How to help radicalized youth before it’s too late – CBC RADIO, October 27, 2014
  • VU law professor among world’s most influential Muslims – NORTHWEST INDIANA TIMES, December 31, 2012

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