Cameron Miranda
While the presence of Muslims in America dates back to the 16th century, the idea that America was created under Muslim law is a contentious issue. Islamic law, or Sharia, is based on the Quran and the teachings of Muhammad, and it covers various aspects of life, including criminal, religious, family, property, and commercial law. While some Muslim countries have adopted Western-style laws, the Sharia remains the foundation of their legal system, with adaptations made to suit modern contexts. In the case of America, the country's laws have been influenced by Puritan institutions, Enlightenment ideals, and the belief in religious liberty. While Muslims were present in America during its early history, there is no evidence that Islamic law played a significant role in shaping the country's legal framework. The U.S. Constitution, with its emphasis on religious freedom and the separation of church and state, stands in contrast to the tenets of Sharia, which seeks to establish Islam as the supreme legal and political system.
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What You'll Learn
Islam's influence on the Spanish conquest of the Americas
Islam has had a significant influence on the Spanish conquest of the Americas, which began in 1492 with Christopher Columbus's voyage to the New World. Columbus's interpreter, a Spanish Jew, spoke to the Taíno people of Hispaniola in Arabic, marking the first recorded exchange between Europeans and Americans. This choice of language was likely due to the presence of Islam in Spain, which had been established by the Moors—African and Arab Muslims—in 711. The Moorish conquest of the Iberian Peninsula resulted in nearly eight centuries of Muslim rule and a deep cultural legacy that persisted even after the Reconquista ended Muslim rule in 1492.
During the Spanish conquest of the Americas, Spanish explorers encountered indigenous cultures that reminded them of the Islamic world. Bernal Díaz del Castillo, who chronicled Hernán Cortés's conquest of Mesoamerica, compared the costumes of native women dancers to those of Moorish women. Additionally, the Spanish word for mosque, "mezquita," was used by Cortés to describe over 400 Native American religious sites in what is now Texas and Mexico. These observations suggest that Islam served as a reference point for the Spanish as they navigated the New World.
The influence of Islam on the Spanish conquest extended beyond language and culture. The Muslims who lived in Spain for centuries made significant contributions to science, architecture, and the Spanish language. These advancements likely influenced the Spanish as they established their colonies in the Americas. Additionally, the presence of Muslims in Spain before the conquest meant that some Muslims, such as Mustafa Azemmouri, a Moroccan slave, may have travelled to the Americas alongside Spanish explorers. While there are no definitive records, it is possible that these Muslims practised their religion in the New World, leaving a religious impact as well.
While the direct influence of Islam on the Spanish conquest of the Americas is difficult to quantify, it is clear that Islam played a role in shaping the encounter between Europeans and the indigenous peoples of the Americas. The cultural, scientific, and religious influences of Islam on Spain would have been carried across the Atlantic, impacting the perspectives and interactions of the Spanish conquistadors. However, it is essential to recognise that the interpretation and implementation of Islamic law vary among individuals and communities, and the specific beliefs and practices of these individuals may have differed from those of the broader Muslim world.
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The presence of Muslims in early America
The presence of Muslims in America dates back several centuries and has been marked by both tolerance and suppression. Historians argue that Muslim explorers may have arrived on the continent as early as the 12th century, with the first documented Muslim in America being Estevanico of Azamor, a Moroccan guide who landed in Florida in 1527. Mustafa Azemmouri, a Moroccan slave shipwrecked near Galveston, Texas, in 1528, is another early account of Islam's presence in North America.
During the slave trade, an estimated 10 to 50 percent of the ten million Africans brought to America were Muslims. Despite facing brutal treatment and forced conversion to Christianity, many African Muslims preserved their religious identities and practices. For example, some of the earliest Muslims in America performed salat daily, observed Ramadan, and recited the Quran. The autobiography of Al Haj Omar Ibn Said, an enslaved American Muslim, describes his life as a faithful Muslim before being enslaved. He mentions performing the Hajj, studying the Quran, and praying five times a day, facing east.
In the late 1700s, historical records indicate the presence of "Moors" in South Carolina, many of whom were expelled from their homeland under the Spanish Crown. The Puritan effect in colonial New England contributed to the exclusion of Muslims from the historical narrative, minimising the heterogeneity and diversity of early America. However, the founding fathers were aware of Islam and the presence of Muslims in America. Thomas Jefferson, for instance, included Islam in his early writings and political treatises, advocating for religious freedom for Muslims in Virginia.
By the 1930s and 1940s, Muslims in the US built mosques for communal religious observance. The Immigration and Nationality Act of 1965 further expanded immigration opportunities from countries with significant Muslim populations, leading to an increase in the number of Muslims in the US. Today, Islam is predicted to become the second-largest religion in the country, with an estimated 3.5 to 4.5 million Muslims currently living in the United States.
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The Founders' views on Islam and religious liberty
America was not created under Muslim or Islamic law. However, the nation's founders had varying views on Islam and religious liberty, and Muslims have been part of the American religious landscape since the 17th century.
Thomas Jefferson, for instance, supported religious freedom and the rights of Muslims despite his criticism of Islam. In his autobiography, Jefferson expressed satisfaction with the Virginia legislature's Bill for Establishing Religious Freedom, which proclaimed that "our civil rights have no dependence on our religious opinions." In his private notes, Jefferson paraphrased English philosopher John Locke's "Letter on Toleration," asserting that neither "Pagan nor Mahometan [Muslim] nor Jew" should be excluded from civil rights due to their religion. This sentiment influenced the Virginia Statute for Religious Freedom, which became law in 1786 and inspired the Constitution's "no religious test" clause and the First Amendment.
In 1765, 11 years before drafting the Declaration of Independence, Jefferson bought a Quran, marking the beginning of his lifelong interest in Islam. He acquired numerous books on Middle Eastern languages, history, and travel, taking extensive notes on Islam's relationship with English common law. Jefferson's actions and ideas about religious pluralism set a precedent for the nation's early, robust view of religious tolerance.
Other Founding Fathers, such as Benjamin Franklin, also advocated for religious liberty, including Muslims. Franklin wrote that he "did not disapprove" of a meeting place in Pennsylvania intended for preachers of all religions, even welcoming a missionary "to preach Mohammedanism." Benjamin Rush, a signer of the Declaration of Independence, expressed similar sentiments, asserting that he preferred the teachings of Confucius or Mohammed to be inculcated upon the youth rather than seeing them devoid of religious principles.
The Founding Fathers' views on Islam and religious liberty were not uniform, but they laid the groundwork for a nation that would become a melting pot of diverse religious beliefs, including Islam. Today, there are an estimated 3.5 to 4.5 million Muslims in the United States, with Islam predicted to become the second-largest religion in the country. While some interpretations of Islamic law may conflict with American law, the American legal system has traditionally accommodated religious freedom and individual liberty.
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Islamic law, or Sharia, and its incompatibility with the U.S. Constitution
The relationship between Islamic law, or Sharia, and the U.S. Constitution is a complex and often divisive topic. While some argue that Sharia is fundamentally incompatible with the U.S. Constitution and the freedoms it enshrines, others contend that Islamic principles can coexist with American law and values.
Firstly, it is important to acknowledge that Islamic law is not a monolithic entity, and interpretations of Sharia vary widely. Fundamentalists advocate for the strict implementation of "pure Sharia," while modernists argue for interpreting Sharia in line with human rights, democracy, minority rights, freedom of thought, and women's rights. This cultural interpretation of Sharia influences its compatibility with democratic values.
The U.S. Constitution serves as the basis for evaluating the permissibility of laws, and it grants citizens the right to make laws for themselves through democratic processes. In contrast, some interpretations of Sharia claim that there is only one path to salvation, rejecting democracy and elevating Muslims above others. This rejection of democratic principles inherent in some interpretations of Sharia creates a conflict with the foundational values of the U.S. Constitution.
Additionally, certain practices associated with Sharia, such as polygamy, have been deemed incompatible with gender equality and freedom of speech and expression, which are fundamental principles in the U.S. legal system. However, it is worth noting that conflicts between religious practices and U.S. law are not unique to Islam, and other religious groups, such as the Amish and Mormons, have also had to accommodate their practices to adhere to American law.
Furthermore, while there has been no effort by Muslims in the United States to overthrow the Constitution, there have been attempts to pass laws accommodating common Islamic practices, such as fasting in prison and custody issues in divorce proceedings. These attempts to incorporate Islamic law into the U.S. legal system have sparked concerns among some Americans, with surveys indicating that 37% are worried about the implementation of Sharia law in the country.
In conclusion, while Islamic law or Sharia in its extreme or radical interpretations may pose a challenge to the U.S. Constitution, it is important to distinguish between mainstream Islamic practices and the more intolerant and extreme interpretations of Sharia. The compatibility of Islamic law with the U.S. Constitution ultimately depends on how Sharia is interpreted and applied within the context of American values and the democratic principles enshrined in the Constitution.
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The impact of Puritan institutions on the historical narrative
Puritanism, a religious reform movement in the late 16th and 17th centuries, had a profound impact on the historical narrative of America. The Puritans sought to purify the Church of England of Roman Catholic influences, and their efforts contributed to both civil war in England and the founding of colonies in America as models of Puritan life. Puritanism was characterised by a zealous commitment to God and a belief in the need for a covenant relationship with Him for individual redemption. This religious intensity was reflected in their literary contributions, which took the form of personal narratives, biographies, poetry, and conversion stories. Puritan literature portrayed individual experiences as emblematic of broader communal aspirations, reflecting their belief that the individual's life was a microcosm of the group's journey.
The Puritans' influence extended beyond literature, shaping American values and contributing to the development of American culture. Puritan teachings were influenced by Calvinist theology, which emphasised preaching and resulted in a covenant theology, where they saw themselves as chosen by God to live godly lives as a community. Puritanism's impact on the historical narrative is evident in the founding of colonies in America, which served as working models of their religious and social ideals.
The Puritan legacy in America is complex, evoking themes of intolerance and zealotry in works like "The Scarlet Letter" and "The Handmaid's Tale". Puritanism's influence on literature is also significant, with its focus on self-exploration and consciousness shaping American literary traditions. The conversion narrative, a central Puritan literary form, continues to influence various literary genres today.
Additionally, Puritanism's impact extended beyond the early modern period, with scholars examining its transatlantic dimensions and influences in the 1990s. Puritanism's legacy in America is further reflected in the recognition and protection of religious freedom for Muslims and other religious groups. While there is no evidence that America was created under Muslim law, the presence and accommodation of Muslim practices and Islamic law in the US demonstrate a commitment to religious liberty.
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Frequently asked questions
No, America was not created under Muslim law. The U.S. Constitution is based on the laws of nature and nature's God, which is incompatible with the tenets of Muslim Sharia law.
Yes, Muslims have been present in North America since at least the 16th century, when they were brought over as slaves from parts of Africa where Islam flourished.
The Founding Fathers thought about the relationship of Islam to the new nation and were prepared to make a place for it in the republic. They included Islam in their vision of the future of the country, with freedom of religion encompassing all faiths.
Muslim law, or Sharia, is based on the Quran and the teachings of Muhammad. It touches on virtually every aspect of life, from finance and welfare to men's and women's roles and the environment.
Islamic law has evolved as Muslim countries have come under the influence of Western colonial powers. While some countries like Iran have attempted to return to classical Sharia, others like Turkey have abandoned it in favour of Western-style laws.
