Islamic Shariah Is In American State Courts

 

By Gina Miller
DakotaVoice.com

Those of us who see the danger of the Islamist invasion of America have been sounding the warning that Islamic Shariah law is creeping into our system, and now we have an alarming report from the Center for Security Policy confirming the fact that Shariah is usurping the Constitution in courts all across America.

I have not yet read the full 635-page report, which was just released on Tuesday, but I thought I would quickly get the word out about it, so those of you who are interested may go ahead and download the PDF file for the report titled, “Shariah Law and American State Courts: An Assessment of State Appellate Court Cases” and read it for yourselves.

The legal study was begun last year, but there will be more studies on this topic yet to come from the Center.  Those working on the current report include the Center’s general counsel, attorney David Yerushalmi, along with Center staff and volunteers from Act for America.  The synopsis of findings in the current report is apparently only a fraction of the number of times Shariah law has been used in our American court system.

From the introduction of the report,

“This study evaluates published appellate legal cases that involved ‘conflict of law’ issues between Shariah (Islamic law) and American state law. For every case in this sample drawn from published appellate legal cases, there are innumerable cases at the trial level that remain unnoticed except by the participants. Thus, this report is a only a sample of possible cases—a ‘tip of the iceberg’—of legal cases involving Shariah in local, state and federal courts.

Our findings suggest that Shariah law has entered into state court decisions, in conflict with the Constitution and state public policy. Some commentators have said there are no more than one or two cases of Shariah law in U.S. state court cases; yet we found 50 significant cases just from the small sample of appellate published cases. Others state with certainty that state court judges will always reject any foreign law, including Shariah law, when it conflicts with the Constitution or state public policy; yet we found 15 Trial Court cases, and 12 Appellate Court cases, where Shariah was found to be applicable in the case at bar. The facts are the facts: some judges are making decisions deferring to Shariah law even when those decisions conflict with Constitutional protections. This is a serious issue and should be a subject of public debate and engagement by policymakers.”

On the report’s release, Frank Gaffney, the President and founder of the Center for Security Policy said,

“These cases are the stories of Muslim American families, mostly Muslim women and children, who were asking American courts to preserve their rights to equal protection and due process.  These families came to America for freedom from the discriminatory and cruel laws of Shariah.  When our courts then apply Shariah law in the lives of these families, and deny them equal protection, they are betraying the principles on which America was founded.”

As you may know, Islamic Shariah law is entirely incompatible with western civilization and certainly the United States Constitution and our state laws.  It is a barbaric system of all-encompassing regulation that gives almost no individual rights to women, homosexuals and other minorities.  There is absolutely no place for Shariah law in our country, yet as we can see, the suicidal Left is welcoming the Trojan horse of Shariah law into America, even insanely defending it against all reason.

Yes, it is those on the Left and the leftist “Republicans” who are allowing this stealth invasion to proceed in our country.  Either knowingly or not, they defend the indefensible agenda of Islamic domination of western civilization.  I wonder if they imagine that by catering to the Islamists, they will somehow win their favor.  If they believe that, then they’re only fooling themselves.  The Islamists hate leftist “infidels” as much as they hate conservative “infidels.”

Here are the key findings of the new report,

• “At the trial court level, 22 decisions were found that refused to apply Shariah; 15 were found to have utilized or recognized Shariah; 9 were indeterminate; and in 4 cases Shariah was not applicable to the decision at this level, but was applicable at the appellate level.

• At the appellate Court level: 23 decisions were found that refused to apply Shariah; 12 were found to have utilized or recognized Shariah; 8 were indeterminate; and in 7 cases Shariah was not applicable to the decision, but had been applicable at the trial court level.

• The 50 cases were classified into seven distinct ‘Categories’ of dispute:  21 cases dealt with ‘Shariah Marriage Law’; 17 cases involved ‘Child Custody’; 5 dealt with ‘Shariah Contract Law’; 3 dealt with general ‘Shariah Doctrine’; 2 were concerned with ‘Shariah Property Law’; 1 dealt with ‘Due Process/Equal Protection’ and 1 dealt with the combined ‘Shariah Marriage Law/Child Custody.’

• The 50 cases were based in 23 different states: 6 cases were found in New Jersey; 5 in California; 4 each in Florida, Massachusetts and Washington; 3 each in Maryland, Texas and Virginia; 2 each in Louisiana and Nebraska; and 1 each in Arizona, Arkansas, Delaware, Illinois, Indiana, Iowa, Maine, Michigan, Minnesota, Missouri, New Hampshire, Ohio and South Carolina.”

The report “includes summaries of a sample of twenty cases, as well as the full published texts for all fifty cases.”

We are most certainly watching an invasion of our nation by Islamists bent on inserting their degenerate Shariah system into our country, and as I said, the equally degenerate Left is their partner in crime.

One example is a story linked by Robert Spencer at his website Jihad Watch from the NewKerala.com news site.

On Monday, during the voir dire process of a closely-watched trial for an Islamic terror-supporting suspect, a federal judge in Chicago struck from the potential jury anyone who looked on Islam with disfavor.  Yes, it seems that in this American court, you will not be allowed on the jury if you understand the true nature of Islam.

The accused is Tahawwur Hussain Rana, a Chicago businessman who is accused of providing cover for a mastermind of the Mumbai terrorist attacks that killed 166 people.

As reported in the story,

“Judge James Leinenweber spent the entire day questioning possible jurors, keeping the main thrust of his inquiry on establishing whether they had demonstrably negative views about Islam as a religion and Muslims as a community.  While by and large the jurors said they had no particular antipathy towards either, some, such as juror number 14, said he did not respect Islam.

In his reply to a questionnaire that was distributed among the potential 100 jurors May 16, this particular juror reportedly wrote, ‘Terrorists are mainly Muslims, or am I wrong?’  He was promptly excused by the judge in the interest of a fair trial for Rana.”

Talk about true “jury rigging”!  So, we’re going to scour the land in terror cases to find only people who approve of Islam?  Give me a break!  As Robert Spencer wrote in comment on the story,

“But on what basis does Judge James Leinenweber think that a rosy, fact-free belief in Islam as a Religion of Peace and a ‘respect’ for Islam will help ensure that Tahawwur Hussain Rana will get a fair trial? Why should this make any difference one way or the other? If a juror who knows that jihadists use Islamic texts and teachings to justify violence and supremacism would be more likely to convict Rana, why wouldn’t it also be true that a juror who thinks that Islam is a peaceful religion that has been hijacked by a Tiny Minority of Extremists be more likely to acquit Rana?”

Exactly; and perhaps that is the point here—sympathy for the devil, so to speak.  One of the main things jurors are required to swear to do is to weigh the facts of the case at hand and render an honest judgment based on those facts.  This type of jury screening assumes that people are lying when they say they will weigh only the facts of the case.

But, I do find it fairly hard to believe that all those people who claimed ambivalence toward Islam were telling the truth, anyway.  It is quite unlikely that—if nothing else—they have no memory of 9-11.  Still, just because a person understands the true, uncivilized nature of Islamic doctrine, does not mean he is unable to give an impartial judgment of the facts in the case.  Regardless, here is just one example of the pro-Islamist slant of the Left in our nation.

We have a major uphill battle to root out the Islamist invasion and turn it back.  We have in our very White House an Islamist sympathizer; at the very least, he is a sympathizer.  Robin of Berkeley had an excellent column yesterday in the American Thinker titled, “Why Obama is Just Not That Into You.” In it, she lays out the fact that Barack Obama is a contemptuously arrogant man who hates America, America’s allies and the American people.  She also notes his terrible track record of national defense, and as she writes,

“Obama allows Radical Islam to grow unfettered from within and without.  He embraces countries in the Middle East that are falling into the hands of Islam, leaving Israel to fend for itself.  The DOJ refuses to prosecute terrorist organizations, like CAIR.  A recent attempted jihad against American Airlines flight 1561 generated no comment from the usually outspoken Obama.”

We know we’re in trouble when the Commander-in-Chief is allied with our enemies—yes, that’s exactly what he is and what they are.  I don’t mince words or soft-paw the truth.

Thus, we continue our struggle against the Islamists in our midst.  I know it is daunting, but each of us has the power to learn all we can by reading material like the information-packed reports from the Center for Security Policy and other such great sources.  And, we can and must educate those around us, like the jurors in Chicago who have “no opinion one way or another” about Islam.  We must be the teachers bearing the light of truth to the ignorant and uninformed, and we must ceaselessly spread the word about the evil plans the radical Islamists have for our country.

Gina Miller, a native of Texas, is a radio commentator and disc jockey. She also works with her husband installing and repairing residential irrigation systems and doing landscaping on the Mississippi Gulf Coast.