The Center first raised an alarm about the penetration of American jurisprudence by one of the most anti-constitutional of such foreign legal codes with its 2011 report, Shariah Law and American State Courts: An Assessment of State Appellate Court Cases. That study examined a sample of fifty cases and found that in twenty-seven of them, in twenty-three different states, the courts in question allowed the use of shariah, generally to the detriment of women and/or children whose rights under our Constitution were infringed. With the bedrock of the American Republic being the U.S. Constitution and individual state constitutions derived therefrom, these analyses provide insights into how our own legal system can be – and is being – used as a mechanism to anchor and expand in this country shariah, an ideology wholly at odds with such documents and, more generally, irreconcilable with freedom and democracy. Most Americans take the rule of law and our constitutional rights for granted. Yet, Shariah in American Courts is a reminder of how even institutions like our judiciary can be influenced – and potentially subverted – by foreign legal codes and practices, to the grave detriment of our nation and liberties.
Posted on: Tue, 27 Jan 2015 06:10:33 +0000
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