Sharia Law Antithetical to American Law, Culture, History
I have been asked about the perceived rise of Sharia law in the U.S. I wanted to address that issue and do so here.
Could Sharia law take hold in the U.S.? The short answer is—if America is eternally vigilant in protection of our Constitution—”no.”
Let me begin with two principles: 1). The First Amendment makes clear that our rights to freedom/free exercise of religion and freedom of conscience are inviolate; Are broadly unlimited. However, conduct resulting from those religions is not. 2). Our U.S. Constitution and federal laws are the supreme law of the land. That means the fundamental rights, which we cherish and know so well, to equality and equal protection, freedom of speech, due process of law, and individual liberty cannot be trumped.
However, we also live under a system of co-federalism, meaning the state and federal governments are set up as co-equals. This means that while the Supremacy Clause makes federal law dominant if there is a conflict with state law, our system of dual federalism provides that each level of government is sovereign and autonomous within its own defined legal and territorial domain. (The Tenth Amendment provides overarching authority here because it reserves all powers not explicitly granted to the federal government to the states and to the people).
That is our constitutional form of government in a nutshell.
So, back to Sharia law and Sharia courts.
Sharia law is viewed by Muslims as the divinely ordained path and command of Allah (God) in every aspect of life. Sharia law derives from the Koran, considered the primary and most sacred source of God’s word revealed to the Prophet Muhammad and it outlines theological principles, morality, and broad standards of human conduct. After the Koran are two other sources of authority, the Sunnah—the examples, traditions and customs of Muhammad, and the Hadith, his recorded sayings and actions. This is the basis of the religion of Islam.
As such, Sharia “law” and Sharia courts derive authority from religious texts and interpretations by clerical leaders rather than from neutral civil law. For this reason, Sharia court rulings often vary based upon different theological interpretations, meaning there is no real legal consistency or predictability as there is under the rule of law in our American judicial system.
For example, our Eighth Amendment prohibits cruel and unusual punishment. However, traditional Islamic criminal penalties require punishments such as amputations, lashings, and stoning for certain offenses. That is why Sharia “law” is better understood as harsh penalties masquerading as a religious doctrine.
Some Americans are concerned that in predominantly Muslim cities and states that a majority of a Muslim population could vote into local law, Sharia laws and ordinances. In fact, I believe that the only reason Sharia “law” has made any progress at all in the U.S. is because it has masked its harsh, authoritarian dimensions by claiming to be merely a “religion” under the 1st Amendment and, therefore, may be followed. But it is much more than that.
That is why I made the point earlier that while free exercise of religion is a powerful constitutional guarantee, conduct resulting from that freedom is not. Muslims who simply worship in mosques as followers of Islam are free to do so. However, the first time one of the Muslim clerics orders someone’s hand cut off for stealing or a woman stoned for adultery because it is called for under Sharia law, the cleric will be arrested and charged with aggravated battery with a deadly weapon and murder.
In fact, traditional Islamic jurisprudence allowed for a father or paternal grandfather to contract a marriage for a prepubescent girl without her consent. The first time that happens in the U.S., the adults responsible would be arrested for human trafficking, rape, indecent behavior with, and/or carnal knowledge of, a juvenile.
Followers of Islam may believe as an article of faith and worship that such views are mandated by the Koran, but the moment they illegally act upon them here they will be arrested and prosecuted under American law.
Sharia law will fail here because it fundamentally reflects a hatred for America and a refusal to assimilate and to adopt our legal system, cultural values, and political beliefs. The Islamic faith may be freely engaged in, but it may not hide its violent dictates behind a veil of religion in order to create its own separate and sovereign society or judicial system in our country.
