Bad Moon Rising: The Sharia Law Bans

Against the backdrop of the ten-year anniversary of the 9/11 terrorist attacks, a heightened interest in the role of Islam in American society and the subsequent clash of civilizations

remains.  Specifically, public concern continues to grow across the country about the use of Sharia Law, or Islamic Law, within American courts.  As a result, well over a dozen state legislatures have introduced or passed legislation that prohibits or limits the use of Sharia Law or foreign law in state courts.  These bills have taken two distinct forms: Sharia-specific and facially-neutral bills.  Regardless of classification, these legislative efforts have triggered a number of constitutional concerns, with critics arguing that the bills violate the Establishment and Free Exercise Clauses of the First Amendment.  Critics argue that the laws have a sectarian purpose and an effect of advancing one religion at the expense of another and thus fail the Supreme Court’s jurisprudential test.  Moreover, these critics argue that the laws burden the practice of religious faith. Indeed, this debate has undeniably opened a Pandora’s Box of constitutional concerns. Meanwhile, the bills’ proponents vigorously reject the accusation that the bills are hostile to Muslims or religiousfreedoms.  They argue that the bills are designed to proactively safeguard the secular constitutional role of government by prohibiting religious influence, specifically that of Sharia Law.