Showing posts with label Sharia in USA. Show all posts
Showing posts with label Sharia in USA. Show all posts

Monday, June 20, 2011

Defend Muslims, Defend America By Aziz Huq - The New York Times

http://www.nytimes.com/2011/06/20/opinion/20huq.html?_r=1&emc=eta1

New York Times

The Opinion Pages

Op-Ed Contributor

Defend Muslims, Defend America

By AZIZ HUQ
Published: June 19, 2011
Chicago

WITH an eye toward the 2012 elections, legislators in six states have been debating laws explicitly prohibiting courts from considering or using Sharia law, with 14 more looking at wider bans on “foreign law.” They’re taking a clear cue from Oklahoma’s wildly popular Sharia ban, which voters approved as a state constitutional amendment last year by more than 70 percent.


Such laws are discriminatory and pointless. Civil liberties groups are fighting them in court and calling on state legislators to abandon such bills. But there is an additional reason everyone, including would-be proponents of the laws and the federal government, should oppose them: they pose a significant threat to national security.

To begin with, the bans’ justifications are thin. Despite the worries voiced by candidates in the recent Republican candidates’ debate in New Hampshire, no state, county or municipality is about to realign its laws with religious doctrine, Islamic or otherwise. Nor does any state or federal court today in Oklahoma, or anywhere else, need to enforce a foreign rule repugnant to public policy. Under the legal system’s well-established “choice of law” doctrines, the courts are already unlikely to help out someone who claims their religion allows, say, the subordination or mistreatment of women.

Instead, the bans would deprive Muslims of equal access to the law. A butcher would no longer be able to enforce his contract for halal meat — contracts that, like deals for kosher or other faith-sanctioned foods, are regularly enforced around the country. Nor could a Muslim banker seek damages for violations of a financial instrument certified as “Sharia compliant” since it pays no interest.

Moreover, these bans increase bias among the public by endorsing the idea that Muslims are second-class citizens. They encourage and accelerate both the acceptability of negative views of Muslims and the expression of those negative views by the public and government agencies like the police.

Such indignities arise amid a pattern of growing animus toward American Muslims. Reports of employment discrimination against Muslims to the Equal Employment Opportunity Commission, which declined after a post-9/11 peak, have recently surged. Gallup, Pew and ABC polls confirm a new spike in anti-Muslim views. Most troubling, tallies of hate crimes collected by nongovernmental organizations show the same trend.

In this context, bans like the one in Oklahoma will serve to chill cooperation by the Muslim-American community with counterterrorism efforts. This makes sense: in such an environment, it would be fair for Muslims to pause before, say, passing on a lead to the police, worrying about whether the police would then look at them with suspicion as well.
But the likelihood of such a chill is also supported by four large, random-sample surveys that I conducted with two colleagues, Tom Tyler and Stephen Schulhofer. Our data, collected from Muslims and non-Muslims in New York and London, suggest that the experience and perception of private discrimination have a significant negative effect on cooperation.

This not only affects everyday public safety, but also the interaction necessary to gather information about self-radicalization and domestic efforts to recruit terrorists. After all, it’s simply impossible for the government to gather all that information. For that it must rely on the public, both as a filter and as an aid in interpreting it. If the government lacks strong ties to the Muslim-American community, that kind of filter falls apart.

To prevent the erosion of such support, the Justice Department should better publicize its support for a pending challenge to the Oklahoma amendment. It should also announce that it will challenge similar measures as violations of the First Amendment’s guarantee of freedom of religion. Doing so would not only protect the rights of Muslim-Americans, but also send a signal that they can rely on the federal government’s support.

To be sure, Attorney General Eric H. Holder Jr. has taken steps against anti-Muslim bias, for example by supporting a California schoolteacher’s suit challenging her dismissal for taking time off to make a pilgrimage to Mecca. But these steps are inadequate compared to the scope of public and private discrimination facing Muslim-Americans.

America has been here before. In 1952, Attorney General James P. McGranery filed a legal brief for the plaintiffs in Brown v. Board of Education, in part, he said, out of national security concerns. “Racial discrimination furnishes grist for Communist propaganda mills,” he said, and “raises doubts even among friendly nations as to the intensity of our devotion to the democratic faith.”

McGranery’s insight remains true today. The federal government needs to do more to defend equal access to the law regardless of faith. To do so is not simply to uphold our core values — it is also to work to improve our nation’s security.

Aziz Huq is an assistant professor of law at the University of Chicago.

Tuesday, June 14, 2011

The sharia myth sweeps America - By Amy Sullivan - USA TODAY

http://www.usatoday.com/news/opinion/forum/2011-06-12-Sharia-law-in-the-USA_n.htm

USA TODAY 

OPINION

Column: The sharia myth sweeps America

By Amy Sullivan

Updated 1d 5h ago |
 
If you are not vitally concerned about the possibility of radical Muslims infiltrating the U.S. government and establishing a Taliban-style theocracy, then you are not a candidate for the GOP presidential nomination. In addition to talking about tax policy and Afghanistan, Republican candidates have also felt the need to speak out against the menace of "sharia."
Former Pennsylvania senator Rick Santorum refers to sharia as "an existential threat" to the United States. Pizza magnate Herman Cain declared in March that he would not appoint a Muslim to a Cabinet position or judgeship because "there is this attempt to gradually ease sharia law and the Muslim faith into our government. It does not belong in our government."


The generally measured campaign of former Minnesota governor Tim Pawlenty leapt into panic mode over reports that during his governorship, a Minnesota agency had created a sharia-compliant mortgage program to help Muslim homebuyers. "As soon as Gov. Pawlenty became aware of the issue," spokesman Alex Conant assured reporters, "he personally ordered it shut down."


Former House speaker Newt Gingrich has been perhaps the most focused on the sharia threat. "We should have a federal law that says under no circumstances in any jurisdiction in the United States will sharia be used," Gingrich announced at last fall's Values Voters Summit. He also called for the removal of Supreme Court justices (a lifetime appointment) if they disagreed.


Gingrich's call for a federal law banning sharia has gone unheeded so far. But at the local level, nearly two dozen states have introduced or passed laws in the past two years to ban the use of sharia in court cases.


Despite all of the activity to monitor and restrict sharia, however, there remains a great deal of confusion about what it actually is. It's worth taking a look at some facts to understand why an Islamic code has become such a watchword in the 2012 presidential campaign.


What is sharia?


More than a specific set of laws, sharia is a process through which Muslim scholars and jurists determine God's will and moral guidance as they apply to every aspect of a Muslim's life. They study the Quran, as well as the conduct and sayings of the Prophet Mohammed, and sometimes try to arrive at consensus about Islamic law. But different jurists can arrive at very different interpretations of sharia, and it has changed over the centuries.


Importantly, unlike the U.S. Constitution or the Ten Commandments, there is no one document that outlines universally agreed upon sharia.


Then how do Muslim countries use sharia for their systems of justice?


There are indeed some violent and extreme interpretations of sharia. That is what the Taliban used to rule Afghanistan. In other countries, sharia may be primarily used to govern contracts and other agreements. And in a country like Turkey, which is majority Muslim, the national legal system is secular, although individual Muslims may follow sharia in their personal religious observances such as prayer and fasting. In general, to say that a person follows sharia is to say that she is a practicing Muslim.


How and when is it used in U.S. courts?


Sharia is sometimes consulted in civil cases with Muslim litigants who may request a Muslim arbitrator. These may involve issues of marriage contracts or commercial agreements, or probating an Islamic will. They are no different than the practice of judges allowing orthodox Jews to resolve some matters in Jewish courts, also known as beth din.

U.S. courts also regularly interpret foreign law in commercial disputes between two litigants from different countries, or custody agreements brokered in another country. In those cases, Islamic law is treated like any other foreign law or Catholic canon law.


What about extreme punishments like stoning or beheading?


U.S. judges may decide to consider foreign law or religious codes like sharia, but that doesn't mean those laws override the Constitution. We have a criminal justice system that no outside law can supersede. Additionally, judges consider foreign laws only if they choose to — they can always refuse to recognize a foreign law.


So if sharia is consulted only in certain cases and only at the discretion of the court, why has it become such a high priority for states and GOP candidates? One answer is that sharia opponents believe they need to act not to prevent the way Islamic law is currently used in the U.S. but to prevent a coming takeover by Muslim extremists. The sponsor of an Oklahoma measure banning sharia approved by voters last fall described it as "a pre-emptive strike." Others, like the conservative Center for Security Policy, assert that all Muslims are bound to work to establish an Islamic state in the U.S.


But if that was true — and the very allegation labels every Muslim in America a national security threat — the creeping Islamic theocracy movement is creeping very slowly. Muslims first moved to the Detroit suburb of Dearborn, for example, nearly a century ago to work in Henry Ford's factories. For most of the past 100 years, Dearborn has been home to the largest community of Arabs in the U.S. And yet after five or six generations, Dearborn's Muslims have not sought to see the city run in accordance with sharia. Bars and the occasional strip clubs dot the town's avenues, and a pork sausage factory is located next to the city's first mosque.


Maybe Dearborn's Muslims are just running a very drawn-out head fake on the country. It's hard to avoid the more likely conclusion, however, that politicians who cry "Sharia!" are engaging in one of the oldest and least-proud political traditions — xenophobic demagoguery. One of the easiest ways to spot its use is when politicians carelessly throw around a word simply because it scares some voters.


Take Gerald Allen, the Alabama state senator who was moved by the danger posed by sharia to sponsor a bill banning it — but who, when asked for a definition, could not say what sharia was. "I don't have my file in front of me," he told reporters. "I wish I could answer you better." In Tennessee, lawmakers sought to make following sharia a felony punishable by up to 15 years in prison — until they learned that their effort would essentially make it illegal to be Muslim in their state.


During last year's Senate race in Nevada, GOP candidate Sharon Angle blithely asserted that Dearborn, as well as a small town in Texas, currently operate under sharia law. And Minnesota congresswoman Michele Bachmann used the occasion of Osama bin Laden's death to tie the terrorist mastermind to the word: "It is my hope that this is the beginning of the end of Sharia-compliant terrorism."


The anti-communist Red Scare of the 1950s made broad use of guilt by innuendo and warnings about shadowy conspiracies. If GOP candidates insist they are not doing the same thing to ordinary Muslims, they can prove it by explaining what they believe sharia is and whether they're prepared to ban the consideration of all religious codes from civil arbitration. Anything less is simply fear mongering.



Amy Sullivan is a contributing writer at Time and author of The Party Faithful: How and Why Democrats Are Closing the God Gap.