Sharia Law and the U.S. Constitution

Friday, June 25, AD 2010

[Update I:  I have streamlined the following post to be easily readable to the average layman, but informative enough for a lawyer or law professor to learn a bit more on the similarities and differences between Sharia and U.S. Law]

Is Sharia compatible with the U.S. Constitution?

The simple answer is of course “no”.

But lets take a look at some aspects of Sharia Law and where it may or may not conflict with the U.S. Constitution.  (For disclosure I am not a lawyer nor a legal expert in Sharia or U.S. Law.)

First, what is Sharia?

Wikipedia states Sharia refers to the sacred law of Islam.  All Muslims believe Sharia is God’s law, but they have differences between themselves as to exactly what it entails.  Which will be difficult to discern what to apply when, but we’ll labor along for the sake of discussion.

In Western countries, where Muslim immigration is more recent, Muslim minorities have introduced Sharia family law, for use in their own disputes. Attempts to impose Sharia have been accompanied by controversy, violence, and even warfare (Second Sudanese Civil War).

The recent incidents at the Arab International Festival have reinforced the poor image of Sharia inside the United States and its incompatibility with American culture and law.

The following is a truncated version with a couple of modifications (eliminating repetitious ibids and links) of multiple Wikipedia entries [with my comments]:

Legal and Court Proceedings:

Wikipedia states that Sharia judicial proceedings have significant differences with other legal traditions, including those in both common law and civil law.

1. Sharia courts do not generally employ lawyers; plaintiffs and defendants represent themselves.

Facebooktwittergoogle_plusredditpinterestlinkedinmail
Continue reading...

Sharia in Dearborn?

Thursday, June 24, AD 2010

Apparently the police acting to unconstitutionally arrest individuals attempting to hand out proselytizing literature to Muslims in Dearborn is not unusual according to this release from the Thomas More Law Center:

In what some have described as police enforcement of Sharia law at the annual Dearborn Arab International Festival, last Friday night Dearborn Police Officers arrested four Christian missionaries and illegally confiscated their video cameras which were recording the events surrounding their arrests.  The Thomas More Law Center, a public interest law firm based in Ann Arbor, Michigan, today announced it is representing all of the Christian missionaries.

Facebooktwittergoogle_plusredditpinterestlinkedinmail
Continue reading...

The Obama Administration and Freedom of Speech

Wednesday, October 7, AD 2009

George Washington-Freedom of Speech

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The Founding Fathers left no doubt which freedoms they held most important.  They inserted them into the First Amendment to the Constitution.  Freedom of speech and of the press come right after freedom of religion.  These freedoms, and all the others set forth in the Constitution, are the birthright of all Americans and a precious example to the rest of the world.  That is why I am bemused by the manner in which the Obama administration appears to be indifferent to attempts to undermine freedom of speech and of the press at the UN.

Hattip to Instapundit.  In an article here at the The Weekly Standard, Anne Bayefsky, writes about the Obama administration signing on to a freedom of expression resolution.

“The new resolution, championed by the Obama administration, has a number of disturbing elements. It emphasizes that “the exercise of the right to freedom of expression carries with it special duties and responsibilities . . .” which include taking action against anything meeting the description of “negative racial and religious stereotyping.” It also purports to “recognize . . . the moral and social responsibilities of the media” and supports “the media’s elaboration of voluntary codes of professional ethical conduct” in relation to “combating racism, racial discrimination, xenophobia and related intolerance.”

Facebooktwittergoogle_plusredditpinterestlinkedinmail
Continue reading...