Shariah Law And American Courts
In June 2011, the Center for Security Policy issued a report, Shariah Law and American State Courts: An Assessment of State Appellate Court Cases. The report evaluates 50 Appellate Court cases from 23 states that involve conflicts between Shariah (Islamic law) and American state law. From the introduction:
These cases are the stories of Muslim American families, mostly Muslim women and children, who were asking American courts to preserve their rights to equal protection and due process. These families came to America for freedom from the discriminatory and cruel laws of Shariah. When our courts then apply Shariah law in the lives of these families, and deny them equal protection, they are betraying the principles on which America was founded.
The study’s findings suggest that Shariah law has entered into state court decisions, in conflict with the Constitution and state public policy. Some commentators have said there are no more than one or two cases of Shariah law in U.S. state court cases; yet we found 50 significant cases just from the small sample of appellate published cases.
Others have asserted with certainty that state court judges will always reject any foreign law, including Shariah law, when it conflicts with the Constitution or state public policy; yet we found 15 Trial Court cases, and 12 Appellate Court cases, where Shariah was found to be applicable in these particular cases. The facts are the facts: some judges are making decisions deferring to Shariah law even when those decisions conflict with Constitutional protections.
Shariah Law and American State Courts: An Assessment of State Appellate Court Cases includes summaries of several cases in which the court’s application of Shariah law appears to be in direct conflict with Constitutional liberties and the public policies of the state.
To read the full report, go to shariahinamericancourts.com