Editor’s Note– United States of America Law, derived through the Constitution, is the ONLY law that should ever be applied in ourcourt systems, at any level. One great problem in America is that too many people do not like the restrictions our Constitution exerts upon the way ‘we the people’ have chosen to govern ourselves. Because of these restrictions, many have sought alternative ways to get around our rule-of-law society by legislating, and failing that, by executive fiat and court action, almost always through liberal activism, cloaked in specious arguments.
The reasons are many, and the arguments are often strained and twisted. Contorted logic is employed to achieve their ends by employing these superficially plausible, but incorrect arguments. No where else is this more evident than it is where a so-called religion tries to force its will upon our legal system. Islam’s Sharia is purported to be a higher law than that of men and nations, but our inalienable rights are not recognized by it. So we have a conundrum, at least that is how many perceive the issue and so they seek to meld the two. This is how Islam’s goals work. Its stated goals, in the Koran, and other writings, in the words of their leadership, is for Sharia to be the law of all peoples, no matter the location. The manner and method to achieve this end is to infiltrate other systems, and eventually take them over. Examples abound in Europe, especially in Britain, and is evident by the study findings below, and they are trying it here.
Many in leadership positions, are also fostering this Sharia infiltration, maybe not overtly, or by design, but certainly through appeasement, and political correctness. The current Federal administration is perhaps the most guilty of allowing the door to be opened to this erosive measure, especially when people like Azizah Yahia Muhammad Toufiq al-Hibri was appointed to the United States Commission on International Religious Freedom by Barrack Obama in June of this year. A person with ties and fealty to the Muslim Brotherhood is now speaking on behalf of America, desensitizing our citizenry to Sharia. Not only has Sharia law been applied to our domestic court system, but Obama has installed a new bridge within his administration and this bridge directs America and policy to favor Islam.
New Study Finds Shariah Law Involved in Court Cases in 23 States
The Center for Security Policy today released an in-depth study–Shariah Law and American State Courts: An Assessment of State Appellate Court Cases. The study evaluates 50 appellate court cases from 23 states that involve conflicts between Shariah (Islamic law) and American state law. The analysis finds that Shariah has been applied or formally recognized in state court decisions, in conflict with the Constitution and state public policy.
Some commentators have tried to minimize this problem, claiming, as an editorial in yesterday’s Los Angeles Times put it that, “…There is scant evidence that American judges are resolving cases on the basis of shariah.” To the contrary, our study identified 50 significant cases just from the small sample of appellate court 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. The Center’s analysis, however, 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.
On the releasing the study, the Center for Security Policy’s President, Frank J. Gaffney, Jr., observed:
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.
- At the trial court level, 22 decisions were found that refused to apply Shariah; 15 were found to have utilized or recognized Shariah; 9 were indeterminate; and in 4 cases Shariah was not applicable to the decision at this level, but was applicable at the appellate level.
- At the appellate Court level: 23 decisions were found that refused to apply Shariah; 12 were found to have utilized or recognized Shariah; 8 were indeterminate; and in 7 cases Shariah was not applicable to the decision, but had been applicable at the trial court level.
- The 50 cases were classified into seven distinct “Categories” of dispute: 21 cases dealt with “Shariah Marriage Law”; 17 cases involved “Child Custody”; 5 dealt with “Shariah Contract Law”; 3 dealt with general “Shariah Doctrine”; 2 were concerned with “Shariah Property Law”; 1 dealt with “Due Process/Equal Protection” and 1 dealt with the combined “Shariah Marriage Law/Child Custody.”
- The 50 cases were based in 23 different states: 6 cases were found in New Jersey; 5 in California; 4 each in Florida, Massachusetts and Washington; 3 each in Maryland, Texas and Virginia; 2 each in Louisiana and Nebraska; and 1 each in Arizona, Arkansas, Delaware, Illinois, Indiana, Iowa, Maine, Michigan, Minnesota, Missouri, New Hampshire, Ohio and South Carolina.
Shariah Law and American State Courts: An Assessment of State Appellate Court Cases includes summaries of a sample of twenty cases, as well as the full published texts for all fifty cases.
Mr. Gaffney added:
This study represents a timely contribution to the debate developing around the country: To what extent is the Islamic politico-military-legal doctrine of Shariah being insinuated into the United States? The analysis complements and powerfully reinforces the warnings contained in the Center’s bestselling 2010 “Team B II” Report, Shariah: The Threat to America. It confirms that Shariah’s adherents are making a concerted effort to bring their anti-constitutional code to this country.
Together with follow-on analyses now in preparation, we hope to equip those who share the Center’s commitment to the Constitution of the United States, to the liberties it guarantees and to the democratic government it mandates to thwart those like the Muslim Brotherhood who would supplant freedom with Shariah law. Clearly, we must work to keep America Shariah-free, or risk inexorably losing the country we love.
The full text of the study, including text from the court cases and tables displaying the findings, can be found at www.ShariahInAmericanCourts.com.