“Like the Vatican’s Code of Cannon Law for Catholics, Shariah, derived from the revelations of the Quran and the life of the Prophet Mohammad and interpreted by various scholars of Islam , offers a nebulous outline on how to practice Islam and adjudicates on matters of faith. Given that it many of the guidelines are highly specific instructions on religious rituals — for instance, on whether feet must be washed in each pre-prayer ablution — it is hard to imagine why legislators are so concerned with it.
On a purely factual level, Shariah law has in fact been used and recognized in U.S. courts. If enforced, a major effect of the laws which include language banning not only the use of Shariah but foreign laws as well, could be that Shariah-compliant marriage contracts and international business contracts are rendered void.
But because most of these bills — only a few, like Arizona, explicitly calls for a ban on the use of ” Shariah law, canon law, halacha and karma” in courts — single out Shariah, they’re likely to be found discriminatory to those practicing the Muslim faith. Despite this, the majority of these bills make no similarly broad sweeps, instead making Shariah their primary target. The First Amendment infridgement means they cannot be upheld under the Bill of Rights, they come across as a means to intimidate Muslims from bringing their beliefs into the courthouse — or the public forum more generally.”
- Intimidating Muslims One Shariah Ban at a Time
On a purely factual level, Shariah law has in fact been used and recognized in U.S. courts. If enforced, a major effect of the laws which include language banning not only the use of Shariah but foreign laws as well, could be that Shariah-compliant marriage contracts and international business contracts are rendered void.
But because most of these bills — only a few, like Arizona, explicitly calls for a ban on the use of ” Shariah law, canon law, halacha and karma” in courts — single out Shariah, they’re likely to be found discriminatory to those practicing the Muslim faith. Despite this, the majority of these bills make no similarly broad sweeps, instead making Shariah their primary target. The First Amendment infridgement means they cannot be upheld under the Bill of Rights, they come across as a means to intimidate Muslims from bringing their beliefs into the courthouse — or the public forum more generally.”
- Intimidating Muslims One Shariah Ban at a Time