In 2011, the Center for Security Policy released a studied titled Shariah Law and American State Courts: An Assessment of State Appellate Court Cases. The study found 50 appellate court cases in 23 states where Shariah-based legislation from 16 foreign countries contradicted American law. The primary victims of this “conflict of law” are Muslim-Americans. A review of 10 cases where Shariah-based law and American law clashed in court found: “In cases 1-3, the Appellate Courts upheld Shariah law; in cases 4-7, the Trial Courts upheld Shariah, but the Appellate Courts reversed (protecting the litigant’s constitutional rights); in cases 8-10, both Trial and Appellate Courts rejected the attempts to enforce Shariah law.” The American Public Policy Alliance explains that unclear state law has resulted in “the courts and the litigants hav[ing] repeatedly failed to recognize that comity to a foreign judgment may be at odds with our state and federal constitutional principles…” American Laws for American Courts is model legislation that prohibits courts from putting foreign law before American law. This has often been described as “Anti-Shariah” legislation, but it doesn’t even mention Shariah or Islam. Its purpose is to protect Americans from being abused by any kind of foreign law.
Posted on: Fri, 28 Jun 2013 05:38:54 +0000
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