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The legality of Sharia Law in the USA

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stickNmove

Junior Member
Hi,

I am seeking the input of others, preferring responses from experts, scholars, and legal professionals, regarding the legality of Sharia Law in the USA. There's someone I know preaching that it's completely allowed in it's entirety (obviously not 100% legal), and I want to be able to soundly explain to him the limitations of such laws, with 100% legally correct information from all aspects.

I have some opinions of my own, but want a full overview from others more knowledgeable on the constitution that me. Please provide specific law examples, so that I can see any logical & legal insights as to why Sharia Law would, or would not be legal in the USA, whether in full, or partially, if allowed to be practiced at all. If needed, feel free to explain any variances in Sharia Law, in regards to specific states constitutional law.

The most vague aspect to me of this topic, is hearing legal experts talk about how "Sharia Law is constitutional, as long as it does not violate public policy of a jurisdiction". What are the legal definitions of public policy, and how do you decipher the difference in "public policy" from one jurisdiction to another?

Thanks in advance.
 


OHRoadwarrior

Senior Member
Sharia Law is not recognized in the US, in spite of several Muslim attempts to invoke it as a defense unsuccessfully. It may however overlap US law in some small areas.
 

Zigner

Senior Member, Non-Attorney
Hi,

I am seeking the input of others, preferring responses from experts, scholars, and legal professionals, regarding the legality of Sharia Law in the USA. There's someone I know preaching that it's completely allowed in it's entirety (obviously not 100% legal), and I want to be able to soundly explain to him the limitations of such laws, with 100% legally correct information from all aspects.

I have some opinions of my own, but want a full overview from others more knowledgeable on the constitution that me. Please provide specific law examples, so that I can see any logical & legal insights as to why Sharia Law would, or would not be legal in the USA, whether in full, or partially, if allowed to be practiced at all. If needed, feel free to explain any variances in Sharia Law, in regards to specific states constitutional law.

The most vague aspect to me of this topic, is hearing legal experts talk about how "Sharia Law is constitutional, as long as it does not violate public policy of a jurisdiction". What are the legal definitions of public policy, and how do you decipher the difference in "public policy" from one jurisdiction to another?

Thanks in advance.
This forum is not the right place for you.
 

Silverplum

Senior Member
Hi,

I am seeking the input of others, preferring responses from experts, scholars, and legal professionals, regarding the legality of Sharia Law in the USA. There's someone I know preaching that it's completely allowed in it's entirety (obviously not 100% legal), and I want to be able to soundly explain to him the limitations of such laws, with 100% legally correct information from all aspects.

I have some opinions of my own, but want a full overview from others more knowledgeable on the constitution that me. Please provide specific law examples, so that I can see any logical & legal insights as to why Sharia Law would, or would not be legal in the USA, whether in full, or partially, if allowed to be practiced at all. If needed, feel free to explain any variances in Sharia Law, in regards to specific states constitutional law.

The most vague aspect to me of this topic, is hearing legal experts talk about how "Sharia Law is constitutional, as long as it does not violate public policy of a jurisdiction". What are the legal definitions of public policy, and how do you decipher the difference in "public policy" from one jurisdiction to another?

Thanks in advance.
Whoa.

We aren't here to do your homework or research to help you win an argument.

Sheesh!
 

LdiJ

Senior Member
Hi,

I am seeking the input of others, preferring responses from experts, scholars, and legal professionals, regarding the legality of Sharia Law in the USA. There's someone I know preaching that it's completely allowed in it's entirety (obviously not 100% legal), and I want to be able to soundly explain to him the limitations of such laws, with 100% legally correct information from all aspects.

I have some opinions of my own, but want a full overview from others more knowledgeable on the constitution that me. Please provide specific law examples, so that I can see any logical & legal insights as to why Sharia Law would, or would not be legal in the USA, whether in full, or partially, if allowed to be practiced at all. If needed, feel free to explain any variances in Sharia Law, in regards to specific states constitutional law.

The most vague aspect to me of this topic, is hearing legal experts talk about how "Sharia Law is constitutional, as long as it does not violate public policy of a jurisdiction". What are the legal definitions of public policy, and how do you decipher the difference in "public policy" from one jurisdiction to another?

Thanks in advance.
Let me give you an example. In every state in the US (therefore every jurisdiction) domestic violence is illegal. Therefore, if Sharia law allowed a man to beat his wife, that part of Sharia law would not be allowed in the US.

Another example. Lets say that Sharia law allows a child to be married as young as 9 years old. However, In some states the minimum age without court permission is 16, and in other states its 18. Therefore, that part of Sharia law would not be allowed in the US.

So, you cannot say that Sharia law is 100% legal or 100% illegal because its neither. They are free to practice Sharia law within their family or religious community as long as doing so does not violate any state or federal laws.
 

Zigner

Senior Member, Non-Attorney
They are free to practice Sharia law within their family or religious community as long as doing so does not violate any state or federal laws.
Nice try - but the OP is looking for a complete description of every law in every jurisdiction in the US as it relates to every tenet of Sharia law...you failed miserably on that.


(My tongue is planted firmly in my cheek)
 

stickNmove

Junior Member
Appreciate the useful input so far, from those who provided useful information.

If you don't wish to participate, that is fine. This is not homework, I am just looking for any tidbits that I might be missing when I go to address the fallacy of this person's argument.
 

Just Blue

Senior Member
Appreciate the useful input so far, from those who provided useful information.

If you don't wish to participate, that is fine. This is not homework, I am just looking for any tidbits that I might be missing when I go to address the fallacy of this person's argument.
Please take your question to an attorney.
 

Proserpina

Senior Member
Appreciate the useful input so far, from those who provided useful information.

If you don't wish to participate, that is fine. This is not homework, I am just looking for any tidbits that I might be missing when I go to address the fallacy of this person's argument.
You don't understand the nature of this forum. Reading is fundamental.

Really.
 

stickNmove

Junior Member
Please take your question to an attorney.
Lol, doesn't this forum have attorneys on it? Who are not being paid, and are interested in providing legal insight?

So I pulled a list up of a some Sharia Law points, and so my take is none of this would work due to my assumptions of the bolded text that follows each point:

- Theft is punishable by amputation of the right hand. Aggravated assault, 2nd, or 3rd degree murder if person died.
- Criticizing or denying any part of the Quran is punishable by death. 1st degree murder. Person who harassed another Muslim over their religion would be subject to aggravated harassment.
- 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. " Also any harassment prior to would be classified as aggravated harassment due to context of religion.
- A non-Muslim who leads a Muslim away from Islam is punishable by death. Murder.
- 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. Not allowed to obtain state recognized marriage license. Would be statutory rape if the "wife" had a child.
- Girls' clitoris should be cut (per Muhammad's words in Book 41, Kitab Al-Adab, Hadith 5251). Aggravated assault & endangering the welfare of a child.
- A woman can have 1 husband, but a man can have up to 4 wives; Muhammad can have more. Irrelevant.
- A man can unilaterally divorce his wife but a woman needs her husband's consent to divorce. I have read women practicing Sharia Law privately in the US rely on US-based court systems to get out of these Sharia-marriages, and the state does not recognize the divorce, because it was incapable of legally recognizing the marriage to begin with.
- A man can beat his wife for insubordination. Assault.
- Testimonies of four male witnesses are required to prove rape against a woman. Women would rely a US-based court, where this would become irrelevant, and defendant would potentially be arrested for rape.
- A woman who has been raped cannot testify in court against her rapist(s). In a US-based court, this would be irrelevant.
- 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. US-based courts would over-rule this, and legally triumph any call made on behalf of a Sharia Court? How would this even be enforceable, as the US-based jurisdictions would not give authority to Sharia representatives to confiscate property through US-asset laws, nor the ability to control financial accounts with similar authority? Any Sharia based enforcement personnel would be arrested for theft, burglary, robbery, assault, etc if they attempted to enforce this?
- A woman cannot drive a car, as it leads to fitnah (upheaval). Irrelevant if woman proceeded through US-based standards of obtaining a license.
- A woman cannot speak alone to a man who is not her husband or relative. Irrelevant under 1st amendment, the consequences are likely illegal on behalf of the male.
- Meat to be eaten must come from animals that have been sacrificed to Allah - i.e., be Halal. Irrelevant & not legally enforceable.
- Muslims should engage in Taqiyya and lie to non-Muslims to advance Islam. Irrelevant under 1st amendment.

So it sounds like, although you have the freedom to practice Sharia Law, it's essentially not Sharia Law due to the fact that it becomes entirely gutted & useless under the weight of US laws. Any input on this?
 
Last edited:

Silverplum

Senior Member
Lol, doesn't this forum have attorneys on it? Who are not being paid, and are interested in providing legal insight?

So I pulled a list up of a some Sharia Law points, and so my take is none of this would work due to my assumptions of the bolded text that follows each point:

� Theft is punishable by amputation of the right hand. Aggravated assault, 2nd, or 3rd degree murder if person died.
� Criticizing or denying any part of the Quran is punishable by death. Not allowed due to 1st degree murder.
� 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. " Also any harassment prior to would be classified as aggravated harassment due to context of religion.
� A non-Muslim who leads a Muslim away from Islam is punishable by death. Murder.
� 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. Not allowed to obtain state recognized marriage license. Would be statutory rape if the "wife" had a child.
� Girls' clitoris should be cut (per Muhammad's words in Book 41, Kitab Al-Adab, Hadith 5251). Aggravated assault & endangering the welfare of a child.
� A woman can have 1 husband, but a man can have up to 4 wives; Muhammad can have more. Irrelevant.
� A man can unilaterally divorce his wife but a woman needs her husband's consent to divorce. I have read women practicing Sharia Law privately in the US rely on US-based court systems to get out of these Sharia-marriages, and the state does not recognize the divorce, because it was incapable of legally recognizing the marriage to begin with.
� A man can beat his wife for insubordination. Assault.
� Testimonies of four male witnesses are required to prove rape against a woman. Women would rely a US-based court, where this would become irrelevant, and defendant would potentially be arrested for rape.
� A woman who has been raped cannot testify in court against her rapist(s). In a US-based court, this would be irrelevant.
� 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. US-based courts would over-rule this, and legally triumph any call made on behalf of a Sharia Court?
� A woman cannot drive a car, as it leads to fitnah (upheaval). Irrelevant if woman proceeded through US-based standards of obtaining a license.
� A woman cannot speak alone to a man who is not her husband or relative. Irrelevant under 1st amendment, the consequences are likely illegal on behalf of the male.
� Meat to be eaten must come from animals that have been sacrificed to Allah - i.e., be Halal. Irrelevant & not legally enforceable.
� Muslims should engage in Taqiyya and lie to non-Muslims to advance Islam. Irrelevant under 1st amendment.

So it sounds like, although you have the freedom to practice Sharia Law, it's essentially not Sharia Law due to the fact that it becomes entirely gutted & useless under the weight of US laws. Any input on this?
So it looks like you can, indeed, do your own research.

Our work here is done. :cool:
 

stickNmove

Junior Member
Yes. Your assumption that there are attorneys on this forum willing to provide you with legal insight appears to be incorrect. ;)
Lol. I know there's one creeping about. Come out come out, wherever you are... don't make me subpoena your ISP for stalking :D, rofl.
 
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