American Cities And Sharia Law: A Complex Adoption

Sharia law is a wide-ranging set of rules that govern aspects of Islamic life, including religious practice, daily living, and financial dealings. While some Americans view Sharia law with horror and repugnance, associating it with intolerance and extreme interpretations of Islamic law, the reality is that Islamic law is already practised in the US in a way that does not conflict with American law. In fact, the American Bar Association has opposed legislation banning foreign law or Sharia as unnecessary, as existing safeguards against foreign law already protect against rules that are contrary to American foreign policy. This includes Muslims in the US putting marital disputes and other personal matters in front of a tribunal of leaders of their faith, which is allowed and has been used by other religions for decades. While more than two dozen US states have considered measures to restrict judges from consulting Sharia law, the legal consensus is that existing law already fully guarantees individual rights and that there is no danger of the US legal system adopting Sharia law.

Islamophobia and anti-Muslim sentiment in the US

A 2020 study found that online narratives surrounding Muslim candidates running for office in the 2018 midterm elections were disproportionately Islamophobic, with bots and influential pundits amplifying anti-Muslim rhetoric. Researchers also found a correlation between the number of Islam-related tweets made by then-candidate and later President Donald Trump and the number of anti-Muslim hate crimes during his campaign and presidency. Trump has expressed interest in creating a national database of all American Muslims and has referred to a "Muslim problem" in the US and worldwide. Figures in the Trump administration, such as Steve Bannon and Michael Flynn, have made and spread anti-Muslim remarks, claiming that Islam is a dangerous ideology.

The misinterpretation and fear of Sharia law in the US have also contributed to Islamophobia. Sharia law is often associated with extreme interpretations of Islamic law, such as forced marriage, harsh punishments, and the oppression of women. However, in reality, Sharia law is a guide for Muslims on how to lead a life pleasing to God and improve their relationships with friends, family, and society. While some states have passed measures to prevent the consideration of foreign or religious laws in courts, Muslims in the US are allowed to resolve personal disputes through mediation outside of the courts, as long as these decisions do not conflict with American law.

Islamophobia has had a significant impact on the Muslim community in the US, with hate crimes against Muslims increasing significantly since the 9/11 attacks. A report from the University of California Berkeley and the Council on American-Islamic Relations estimated that $206 million was funded to 33 groups whose primary purpose was "to promote prejudice against, or hatred of, Islam and Muslims" in the US between 2008 and 2013. Additionally, a study found that 30% of Muslims felt that most people wanted them to be ashamed of their faith, indicating internalized Islamophobia within the Muslim community.

Sharia law in practice in the US

Sharia law is a wide-ranging set of rules that govern aspects of Islamic life, including religious practice, daily living, and financial dealings. While some interpretations of Islamic law are far more intolerant and extreme, Sharia law is largely a matter of conscience, and most Muslims in the US already live in harmony with their non-Muslim neighbours while using Islamic law as a guide for their lives.

Sharia law is not a part of the US legal system, and it cannot be enforced over American law. The US Constitution guarantees individual rights and freedoms, and any laws that go against the fundamental liberties, rights, and privileges granted under the US and state constitutions would not be valid. In fact, the American Bar Association has explicitly stated that American law supersedes all foreign laws.

However, this does not mean that Muslims in the US cannot follow Sharia law in their personal lives. Sharia law is concerned with personal religious observances such as prayer and fasting, as well as guidance in worldly matters such as visiting the sick, taking care of parents, marriage, inheritance, investments, and business affairs. These are private and voluntary matters, and Muslim Americans can follow Islamic standards within the limits of American secular law. For example, civil law prohibits polygamy, so Muslim Americans must abide by this law, which is not an issue as Sharia recommends monogamy.

In addition, Muslims in the US can put marital disputes and other personal matters in front of a tribunal of leaders of their faith. This is allowed for all religions and falls under the umbrella of mediation, where people agree to resolve their differences through a process outside of the courts. As long as these decisions do not conflict with American law, the courts will uphold them.

While there may be fears and misconceptions about Sharia law in the US, the reality is that it is practiced within the boundaries of American law and does not infringe on the rights of others.

The US Constitution and American law

Sharia law is a wide-ranging set of rules that govern aspects of Islamic life, including religious practice, daily living, and financial dealings. While Sharia law may be perceived by some as a threat to the US Constitution and American law, it is important to understand the role it plays within the Muslim community and how it interacts with the US legal system.

Muslims living in the United States can utilise Sharia law in certain situations, such as marital disputes and other personal matters, by bringing them before a tribunal of leaders of their faith. This practice is not unique to Islam and has been utilised by other religious groups, including Catholics, Jews, Lutherans, and Baptists, and falls under the umbrella of mediation. In these instances, individuals voluntarily choose to resolve their differences through a process outside of the courts, and any decisions made are not legally binding.

While there have been efforts by lawmakers in multiple states to introduce bills aimed at explicitly blocking the use of Sharia law, the legal consensus is that existing law already guarantees individual rights and ensures that American law takes precedence. These anti-Sharia laws have been criticised as unnecessary and as contributing to Islamophobic sentiment in the country.

It is worth noting that Islamic law or Sharia is often misunderstood and misrepresented in the United States. While some interpretations of Islamic law may be intolerant and extreme, most American Muslims and scholars of Islam recognise the authority of the US legal system and do not seek to replace it with Sharia law.

Islamic law and the US judicial system

Islamic law, commonly referred to as Sharia, is a wide-ranging set of rules that govern aspects of Islamic life, including religious practice, daily living, and financial dealings. While some Muslim-majority countries have legal systems governed entirely by Islamic law, most have mixed systems that incorporate elements of Islamic law into common law or civil law frameworks.

In the United States, Islamic law is not recognized as a governing law. However, Muslims living in the United States can put marital disputes and other personal matters in front of a tribunal made up of leaders of their faith. This falls under the umbrella of mediation, which is allowed and has been used by Catholics, Jews, Lutherans, Baptists, and other religions for decades. In these cases, individuals agree to work out their differences through a process outside of the courts. For any other situation, American law takes precedence over any foreign or religious laws, including Islamic law.

Despite this, there is a perception in the United States that Sharia law is invading their national courts. This has led to more than half a dozen states passing measures to stop their courts from considering foreign, international, or religious law. However, these fears are largely unfounded. The court system in the United States allows citizens to set their own rules and resolve their disputes through contractual agreements, as long as they do not conflict with American law. For example, two Muslims may agree by contract to have a business disagreement solved by an Islamic arbitration committee. If they disagree with the arbitration, they can take it to an American court of law, which would likely uphold the original contract and the decision of the Islamic arbitration committee.

It is important to note that Islamic law is often misinterpreted and misunderstood in the United States. While some interpretations of Islamic law may be intolerant and extreme, most American Muslims and scholars of Islam believe that the American criminal system is fast, efficient, and humane, and therefore there is no need to rely on Islamic law to prosecute crimes. Islamic law is seen more as a guidebook on how to lead a life that is pleasing to God and how to become better friends, family members, and citizens.

Islamic arbitration committees in the US

Muslims living in the United States can put marital disputes and other personal matters in front of a tribunal made up of leaders of their faith. This falls under the umbrella of mediation, which is allowed and has been used by Catholics, Jews, Lutherans, Baptists, and other religions for decades.

The concept of Sharia, or Islamic law, is often misunderstood and misrepresented in American society. Sharia is a wide-ranging set of rules that govern aspects of Islamic life, including religious practice, daily living, and financial dealings. It is helpful to think of Islamic law as a guidebook on how to lead a life pleasing to God, rather than a set of strict rules that prevent Muslims from fully engaging with society. Most Muslims in the US already live in harmony with their non-Muslim neighbours and use Islamic law as a guide for their personal lives.

Despite this, there is a growing opposition to Sharia in the United States, driven by fear and alarmism. Since 2010, lawmakers in over 40 states have introduced bills aimed at blocking the use of Sharia law, with bills passed in 14 states. However, the legal consensus is that existing law already fully guarantees individual rights, and Islamic law does not create a conflict with American law.

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