American Sharia Law

Whether you think Sharia Law is a good thing or not, it is becoming an increasingly influential force in American law.  I don’t mean to suggest that there have been laws that are specifically identified as Sharia Law, but rather individual laws that have not been part of American law but are enacted as layers within current law or that may upend laws or principles that have been traditionally American.

While there may be overlap between Sharia and American jurisprudence, there are also differences, particularly in regard to laws regulating individual behavior.  When people speak of “enacting Sharia Law”, they are usually referring to changes in the current laws of the United States that would conform to principles embodied in Sharia Law.

Recognizing this phenomenon may be difficult for some.  Many expect Sharia Law to come with a label, or to be proposed by Muslims, or to be written in Arabic, or to be as easily recognizable as a law requiring a woman to wear a Burka.  It may be, however, a law proposed by Christians born in the United States carrying Bibles and wrapped in the Flag.  I will present guidelines for recognizing Sharia laws that are currently gaining popularity and that may transform our society.

Our society is permissive.  The federal government is severely limited by the Bill of Rights and the Constitution from interfering in the private affairs of the citizens, and we hold privacy itself to be an important feature of our laws.  Likewise, Equality is both a goal and a result of our Constitution and laws.  Sharia Law in contrast can be very personal and has no intent to effect privacy or equality, but rather seeks (in the manner described in this paper) to regulate the private (noncriminal) behavior and morality of the citizens.  In general, any fundamental change in this relationship between the government and its citizens that invades privacy, restricts liberty or hinders equality is, in effect, Sharia Law even if there has not been any reference made to the Qu’ran or the Sunnah.

Sharia Law is also known for Draconian punishments.  It may be a matter of opinion whether the severity of these punishments is appropriate or not, but there is little debate that some of the punishments are harsh.  Laws that seek to enhance our own punishments in ways that make them more severe than they are currently, or to introduce new unprecedented punishments for crimes (particularly those with moral implications) are examples of Sharia Law.

Just because it isn’t called Sharia Law doesn’t mean it isn’t Sharia Law.

Specific Examples

Homosexuality

Our Constitution does not address the sexuality of people.  Private behavior is, or should be, protected, and discriminating against people on the basis of their sexual orientation has been held contrary to American principles.  In the Letter from Attorney General Eric Holder to Congress regarding DOMA and DADT (Defense of Marriage Act and Don’t Ask, Don’t Tell), outlines the federal government’s role with respect to sexuality.  With respect to the Constitution and the States, laws that are being contemplated that restrict liberty (eliminating rights or countering imagined liberties) on the basis of sexuality are consistent with Sharia Law.

Speech

Most people recognize that laws to restrict speech, even speech with which we do not agree, violate the First Amendment protection of free speech.  Pornography, as one example of constitutionally protected speech, has had many detractors, but in general courts have held that adult pornography, especially for private purposes, is protected.  Most efforts to ban pornography are based on morals or religion, and laws or constitutional amendments that would carve out an exception for pornography are consistent with Sharia Law.

Reproduction

The current body of laws in the United States permits legalized abortion (Roe v. Wade) and birth control.  Efforts to restrict or ban abortion, regardless of their intrinsic merit, are consistent with Sharia Law in the sense that they regulate a couple’s (woman in particular) reproductive behavior for moral reasons.  Premarital (or extramarital) abstinence is the goal of many new American laws as well as Sharia, and some interpretations of Sharia prevent the use of abortion or birth control.

There are many other examples of Sharia Law in various states from the (proposed) law permitting Honor Killings in South Dakota to the laws that allow the death penalty for child molesting in Louisiana (and elsewhere).  [A history of the use of the death penalty for child rape can be found here.]  One could argue that many older laws that have been overturned (or amendments repealed, including Prohibition), were motivated by the same concerns as Sharia law and they have one other feature in common:  They restrict personal liberty for what the proponents feel is a good cause.

That should be your guide to recognizing Sharia Law.  Ask yourself if a proposed new law or constitutional amendment meddles with the personal liberty of those who will be affected by the law.   If it does and you support it, then don’t be ashamed to admit it.  Just say, “I want to have this Sharia law enacted.”

I’m sure your friends will be impressed with your honesty.