4. Sharia is fundamentally religious law, and should be inapplicable to U.S. criminal or civil law.
At its core, Sharia is religious law — the guidelines under which Muslims must live in order to follow Islam. As such, it is not comparable to nor could it be a replacement for the completely secular criminal and civil code of the United States.
I have no beef with religions having internal laws governing the recommended behavior of adherents, or stipulating the rules for excommunication, and so forth. But Sharia goes way beyond that. First of all, the punishments meted out for religious misdeeds under Sharia often overlap with American criminal law. For example, as noted above, the punishment for apostasy is usually the death penalty — a little more serious than just excommunication. And on the flip side, under Sharia there is no punishment for certain actions (such as wife-beating) which under US law are serious crimes. But religious law cannot trump criminal law in the United States — you don’t get carte blanche to do illegal actions (such as killing someone or beating your wife) simply because your religion tells you it’s OK. Once we open that Pandora’s Box, there’s no turning back.
We learned recently in a very vivid example that we cannot trust religious law to replace or undermine U.S. law. When the Catholic Church discovered in decades past that some of its priests had committed statutory rape and child molestation against underage children in the Church, in many cases the internal “punishment” meted out was simply a slap on the wrist, often nothing more than a transfer to a different parish. Under U.S. law, these priests had committed a serious crime; but the Catholic Church decided in most instances to not notify the secular authorities and instead to adjudicate the cases internally, and doled out “sentences” which were in direct violation of U.S. and state criminal codes. Most Americans found this outrageous and unacceptable when they found out about it; but if we were to allow Sharia to obtain in the U.S., then the exact same clash between religious law and secular law is certain to happen all over again. And the clash will almost certainly be much more severe, since the Catholic Church hid the crimes surreptitiously, and did so in violation of its own stated principles; but under Sharia the differences between Islamic and secular moral codes are clearly and openly spelled out, so the clashes between U.S. law and Sharia law will be innumerable and unapologetic.
Of course, as many have pointed out, Sharia is not merely religious law. Under Islam, there is no distinction between religious government and civil government. They are one and the same — or are at least supposed to be one and the same, which is why modern Islamic fundamentalists find the secular governments of Middle Eastern countries so intolerable. So how do we regard Sharia — as a replacement for U.S. civil and criminal law, or simply as internal religious guidelines for Muslims?
Either way, Sharia is unacceptable to be considered part of official U.S. law. If we regard Sharia as a secular legal system, then see point 3 above — it’s unconstitutional. Alternately, if we regard Sharia as purely internal religious law, then once again it is unconstitutional if followed to the exclusion of U.S. law, as shown here in point 4. So once again, it seems that the voters of Oklahoma got it right.
To address one final question which may arise: What if two people voluntarily enter into a contract based on non-US law, or voluntarily agree to have their civil dispute adjudicated by a Sharia court? That would be fine — if we can be assured that the agreement is voluntary. But the discriminatory and oppressive nature of Sharia means that one or more of the parties in any dispute may have been compelled by threats or social pressure to consent to Sharia jurisdiction under duress.
Say, in one example, that several U.S. Muslim businessmen agree to pool funds for an investment portfolio, on the mutual agreement that the investment be Sharia-compliant — i.e. not used to profit from any industry (like alcohol or gambling) which violated Islamic law. And then the manager in charge of the fund invests in various casino and liquor companies. Ooops. Would the other investors then have the right to withdraw from the fund with no penalties? Yes. In this type of case, “Sharia” could indeed play a role in a U.S. lawsuit, if it were to end up in court, because the Sharia-aspect of the agreement was purely internal, did not violate any U.S. laws, and was entered into voluntarily.
But consider our second example. In the CNN article linked above, the CAIR spokesman responsible for getting the Oklahoma law quashed gave this quote:
“What this amendment is going to do is officially disfavor and condemn the Muslim community as being a threat to Oklahoma,” Muneer Awad, executive director of CAIR’s Oklahoma chapter and the lead plaintiff in the suit, said earlier this month. In addition, he said, the amendment would invalidate private documents, such as wills, that are written in compliance with Muslim law.
This is an absurd, obviously untrue claim. In your will, you can leave your assets to anyone, for any reason. You can cite Muslim law, or your personal conscience, or a dream you once had, or baseless paranoia, or no reason whatsoever to leave all your assets to your children, or your cat, or the Flat Earth Society, or even leave instructions to have it all buried with you in your casket. If the will is determined to be a valid will, no ban on Sharia will be able to challenge it.
If, however, you die intestate (without a will), then the ban on Sharia could indeed come into play — as well it should. Sharia openly discriminates against females in inheritance law: “The rules of inheritance under Sharia law are intricate, and a female’s portion is generally half the amount a male would receive under the same circumstances.” So envision an example in which a wealthy Muslim man dies intestate, and the family ends up in an Oklahoma court in a dispute over his inheritance. Now imagine that the new Oklahoma law is not in effect, and lawyers petition the state court to have the case instead heard in a Sharia court. The judge may likely consent, provided all the disputants agree to the venue change. Now imagine that there are three overbearing sons who want Dad’s money, and one cowering daughter who has been threatened by them. When asked by the judge if she consents to Sharia justice in this case, will she have the bravado to stand up in court and say “No!”? Not likely. She’ll meekly assent, as have countless Muslim women for centuries. And she’ll wind up in Sharia court, where the Muslim jurist will naturally and correctly rule against her, not out of personal animosity, but because bias against women is built into Islamic law.
So, to use the CAIR plaintiff’s argument against him: Inheritance cases are exactly the kind of injustices that Oklahoma is trying to prevent by banning Sharia.
5. Subjectively, Sharia is a discriminatory and cruel legal system.
Finally, we get to the argument that most pundits and bloggers make: Sharia should be rejected because it’s just plain awful. While this may resonate with people personally and emotionally, it’s rather weak as a legal argument.
Sharia’s defenders complain that their opponents endlessly focus on the negative aspect of Sharia, and ignore the other parts which are reasonable, mild and non-controversial. I call this “The Trains Run on Time” fallacy. According to the old joke, when Italians during Mussolini’s rule were asked what it’s like to live in a fascist police state, they’d respond, “It’s not so bad: at least the trains run on time!” In other words, one could always find some good aspect to an unpleasant situation. So naturally Sharia’s defenders in the West will focus on the positive and try to sweep the negative under the rug. But such PR tactics in no way alter the fundamental fact that Sharia contains a significant number of laws and rules and punishments that are unacceptable and repellant to the average American.
CAIR and its allies are constantly talking out both sides of their mouths. On one hand, they say that Sharia’s never been used in Oklahoma and there’s no risk of it ever being used, so there’s nothing to worry about and we should toss out this new law as unnecessary; and simultaneously, if you flick the remote control over to the next channel, you’ll see a different CAIR spokesperson arguing for how reasonable and humanitarian Sharia is, and really we shouldn’t fear its introduction, because we’ll all benefit. Hmmmm. Double-talk is a dead giveaway for ill-intent.
CAIR’s main argument against State Question 755 is that it “singles out” Muslims for discrimination. Though this argument is so absurd it barely merits rebuttal, I should briefly address it since it seems to be CAIR’s primary legal claim. First of all, SQ 755 doesn’t ban Sharia in Oklahoma; it merely bans judges from considering Sharia when making decisions. And since we’ve seen above that this recommendation is already in accord with Constitutional principles, then there’s no basis on which to challenge the law. CAIR is sure to reply: Yes, but why us? Why single out Sharia and Muslims? To which I reply: Do you really want to go there? The answer is obvious: No other religion currently seeks to supplant the United States Constitution with is own religious commandments. Why not pass a law banning Buddhist laws from the Oklahoma courts? Because there aren’t a billion Buddhists worldwide calling for the involuntary global implementation of Buddhist law. Sharia is perceived as a threat precisely because it is more than just religious law — it is an overarching form of theocratic government antithetical to the United States of America — and because it is has an extremely large number of adherents and advocates.
This article goes into greater depth about possible legal objections to the new measure, quoting left-leaning Harvard law professor Noah Feldman as saying, “It’s a violation of the free exercise of Muslims in Oklahoma and it’s a violation of the separation between church and state.” But this is a false claim: nothing about SQ 755 prevents Muslims from following Sharia themselves in their own personal or religious lives (provided by so doing they don’t break U.S. law); it merely prevents the courts from incorporating Sharia law into its decision-making. Here’s the text of State Question 755, which “makes courts rely on federal and state law when deciding cases. It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law.” Tell me: In what way does this interfere with Muslims freely exercising their religion in Oklahoma? It doesn’t — unless the free exercise of your religion involves violating or undermining the U.S. Constitution. In which case, yeah, the courts should discriminate against your religious practice.
America only frowns on baseless discrimination; but official discrimination against any individuals, groups or religious ideology seeking to undermine or destroy the United States itself is not just acceptable, it is mandatory.
