Shariah in American Courts: The Expanding Incursion of Islamic Law in the U.S. Legal System

Center for Security Policy, Jan. 5, 2015:

SHARIAH IN AMERICA COURTS 2.0: CENTER’S NEW CIVILIZATION JIHAD READER SERIES STARTS WITH THE PENETRATION OF OUR LEGAL SYSTEM

(Washington, D.C.): Center for Security Policy Press today launched a collection of monographs called the Civilization Jihad Reader Series with the publication of an update to an earlier and highly influential study concerning the insinuation of Islam’s supremacist shariah legal code into the U.S. judiciary. Entitled Shariah in American Courts: The Expanding Incursion of Islamic Law in the U.S. Legal System, this inaugural booklet documents 146 cases in 32 states in which a party to litigation attempted to have the matter resolved by applying shariah, rather than the statutes of the state in question.

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.

FirefoxScreenSnapz024-697x1024This monograph also suggests that the effort to invoke shariah in U.S. courts is expanding. Worse yet, the total number of such cases is surely far larger in light of the fact that the proceedings of the vast majority of them are not published.

As the new monograph establishes, moreover, there is reason to believe that the surge in such cases is the result of the activism of Muslim Brotherhood-tied groups like the Association of Muslim Jurists of America (AMJA). The Brotherhood is an Islamic supremacist organization whose mission according to its secret plan (The Explanatory Memorandum on the General Strategic Goal of the Group in North America), is to “destroy Western Civilization from within.”

The good news is that, at least at the appellate level, judges appear increasingly to be rejecting the use of shariah in their courtrooms. A contributing factor to these rulings may be the rising awareness in the judiciary of what is afoot, thanks to the adoption in numerous states of legislation drawing upon a model statute known as “American Laws for American Courts” (ALAC).

While the average citizen of this country would assume it to be the case that only laws derived from or consistent with our Constitution would be applied in U.S. courts at both the federal and state level, the evidence that foreign laws – including, but not limited to, shariah – are encroaching has moved legislatures across the country to act. Tennessee, Louisiana, Arizona, Kansas, Oklahoma, North Carolina, Washington and Alabama have adopted ALAC’s prohibitions against the use of such foreign laws in their respective state courts if they are at odds with constitutional rights or state public policy. (Florida also enacted in 2014 a version of this legislation).

In unveiling the release of the Center for Security Press’ newest publication, the Center’s President Frank J. Gaffney, Jr., observed:

The Center is delighted to be putting a spotlight on the Muslim Brotherhood’s stealthy, pre-violent jihad in America. It behooves each of us to become knowledgeable about the presence in our judicial system – and, for that matter, in other civil society and governing institutions – of forces seeking the destruction of our Republic.

The Civilization Jihad Reader Series is intended not only to provide factual evidence of the extent to which this attempt to destroy us from within is advancing, but what patriots can do to prevent it. We recommend as a step towards countering the subversion of our legal system the adoption by every state in the Union of “American Laws for American Courts.”

Additional monographs in the Civilization Jihad Reader Series will be published in coming months. For more information on the Center for Security Policy, the offerings of its Press and the necessity of countering the Muslim Brotherhood and its efforts to impose shariah in America, visit www.SecureFreedom.org.

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7 thoughts on “Shariah in American Courts: The Expanding Incursion of Islamic Law in the U.S. Legal System

  1. The “wonderful” and highly sought after Sharia law would look like, explains that “according to the Sharia[h] law”:

    Theft is punishable by amputation of the right hand.
    Criticizing or denying any part of the Quran is punishable by death.
    Criticizing or denying Muhammad is a prophet is punishable by death.
    Criticizing or denying Allah, the moon god of Islam is punishable by death.
    A Muslim who becomes a non-Muslim is punishable by death.
    A non-Muslim who leads a Muslim away from Islam is punishable by death.
    A non-Muslim man who marries a Muslim woman is punishable by death.
    A man can marry an infant girl and consummate the marriage when she is 9 years old.
    Girls’ clitoris should be cut (per Muhammad‘s words in Book 41, Kitab Al-Adab, Hadith 5251).
    A woman can have 1 husband, but a man can have up to 4 wives; Muhammad can have more.
    A man can unilaterally divorce his wife but a woman needs her husband’s consent to divorce.
    A man can beat his wife for insubordination.
    Testimonies of four male witnesses are required to prove rape against a woman.
    A woman who has been raped cannot testify in court against her rapist(s).
    A woman’s testimony in court, allowed only in property cases, carries half the weight of a man’s.
    A female heir inherits half of what a male heir inherits.
    A woman cannot drive a car, as it leads to fitnah (upheaval).
    A woman cannot speak alone to a man who is not her husband or relative.
    Meat to be eaten must come from animals that have been sacrificed to Allah – i.e., be Halal.
    Muslims should engage in Taqiyya and lie to non-Muslims to advance Islam.
    The list goes on.
    The Islamic State published a document detailing the sharia’s legal penal code. The document, which was titled “Clarification [regarding] the Hudud [Koranic punishments],” included a list of crimes and their respective punishment according to the sharia’s. “The document begins with various Koranic verses emphasizing the need for Muslims to adhere to the sharia’s, while noting that those who do not follow it are considered unbelievers.”
    Hundreds of millions of questions? Hundreds of millions of victims in jihadi wars, land appropriations, cultural annihilations and enslavements.
    One answer. Islam is the cause and the end of civilization as we know it!
    Islamic State (ISIS) Publishes Penal Code, Which Includes The Death Penalty, Crucifixion, Lashing, And Severing Of Limbs For Crimes Such As Blasphemy, Adultery, Sodomy, Spying, Slander, Theft, And Apostasy,” MEMRI, December 17, 2014

    On December 15, 2014, a document detailing the Islamic State (ISIS) penal code was released on the Jihadi Media Platform forum (alplatformmedia.com). The document, which was titled “Clarification [regarding] the Hudud [Koranic punishments],” included a list of crimes and their respective punishment according to the sharia’s. ISIS said it published the document as a warning and a reminder to the people living under its rule. It also reaffirmed its commitment to enforce it vigilantly.
    The document begins with various Koranic verses emphasizing the need for Muslims to adhere to the sharia, while noting that those who do not follow it are considered unbelievers.

    Following are the crimes appearing the document along with the respective punishment:
    Blasphemy against Allah: Death
    Blasphemy against the Prophet Muhammad: Death – even if the accuser repents
    Blasphemy against Islam: Death
    Adultery: Stoning until death in case the adulterer was married and 100 lashes and exile if he or she were unmarried.
    Sodomy (homosexuality): Death for the person committing the act, as well as for the one receiving it.
    Theft: Cutting off the hand
    Drinking alcohol: 80 lashes
    Slandering: 80 lashes
    Spying for the unbelievers: Death
    Apostasy: Death
    Banditry: [1]
    1: Murder and stealing: Death and crucifixion
    2: Murder only: Death
    3: Stealing (as part of banditry): Cutting off the right hand and the left leg
    4: Terrorizing people: Exile
    [1] The punishment is based on Koran 5:33: “Indeed, the penalty for those who wage war against Allah and His Messenger and strive after corruption in the land is that they be killed or crucified, or have their hands and feet be cut off on opposite sides, or that they be exiled from the land…”

    These are just a few of the wonders awaiting us under “Sharia Law”

    Be the first one on your block to be caned, whipped, crucified, dismembered, stoned to death, or just beheaded for saying that you do not think mohammed was a messenger of allah! Or be a Christian, Buddhist, a Singe, Jew, or atheist to be enslaved, of murdered for your beliefs. While in any other country your personal opinion is granted under free speech everywhere on this planet except in Islamic ruled countries,

  2. Pingback: Shariah in American Courts: The Expanding Incursion of Islamic Law in the U.S. Legal System | Last Days News4Christians

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