MUSLIMS ON A MISSION to convince us that Sharia (Islamic) law is just like American law

Abed Awad of Awad & Khoury, LLP says “Negative connotations surrounding Sharia must be dispelled.”

JURIST  Abed Awad, a Partner at Awad & Khoury, LLP says that while US courts routinely encounter cases where implementing certain principles of Sharia is required, the hysteria surrounding the “intrusive” role of Sharia in US courts is extremely misguided…

[ALL VIDEOS BELOW ARE SHARIA-COMPLIANT. Tell me  if you see anything other than ‘negative connotations’ in them.]


In November 2010, Oklahoma voters approved an amendment to the state constitutionexpressly prohibiting Oklahoma state judges from considering international law or Sharia in their decisions. Munir Awad filed a complaint against the Oklahoma State Board of Elections challenging this, alleging that the anti-Sharia amendment to the Oklahoma Constitution, if certified, would violate the Establishment and Free Exercise Clauses of the First Amendment of the US Constitution. More specifically, Awad alleged that the amendment targets his religion for negative treatment and creates excessive state entanglement with religion. Stigmatizing him and other Muslims, Awad proffered, the amendment would inhibit the practice of his religion and would prevent a court from probating his Sharia-compliant last will and testament. The US District Court for the Western District of Oklahoma agreed with Awad, issuing a preliminary injunction against the certification of the amendment pending the litigant’s claims were adjudicated on the merits.


Last month, in Awad v. Ziriax, the US Court of Appeals for the Tenth Circuit affirmed the district court’s preliminary injunction but utilized a different constitutional scrutiny standard. The district court below evaluated the plaintiff’s claims under the Lemon v. Kurtzman guidelines. Lemon provides that the scrutinized legislation must have a secular purpose that primarily does not inhibit or advance religion and does not foster excessive government entanglement with religion. The Tenth Circuit reached the same conclusion but evaluated the plaintiff’s claims under the more stringent standard enunciated in Larson v. Valente.

Larson held that the three prong test from Lemon was appropriate in cases where religion benefited at the expense of non-religious citizens. However, when one religion is preferred over another, a strict scrutiny evaluation is required (i.e., a legislation that discriminates among religions is valid on only if it is “closely fitted to the furtherance of any compelling interest”).

The Tenth Circuit held that Oklahoma’s “one sentence” stating that “Oklahoma certainly has a compelling interest in determining what law is applied in Oklahoma courts” failed to “identify any actual problem the challenged amendment seeks to solve.” Without “any concrete problem, any harm Appellants seek to remedy with the proposed amendment is speculative at best and cannot support a compelling interest.”


Without a compelling interest, the Tenth Circuit concluded it was not necessary to proceed to the “closely fitted” prong of the strict scrutiny test. The Oklahoma amendment was deemed unconstitutional. Be that as it may, the Tenth Circuit made several interesting observations about the closely fitted prong. “Even if the state could identify and support a reason to single out and restrict Sharia law,” the Tenth Circuit hypothecated, the amendment is not “closely fitted” as its “complete ban of Sharia law is hardly an exercise of narrow tailoring.”

The anti-Sharia movement seeking to legislate its political agenda is directly at odds with a basic principle laid out by the Supreme Court in Larson: “the clearest command of the Establishment Clause” that mandates “governmental neutrality between religion and religion … The State may not adopt programs or practices … which aid or oppose any religion … This prohibition is absolute.”

So, what is Sharia after all? After briefly describing Sharia, I will use several examples to illustrate the role of Sharia or any religious and/or foreign law for that matter, in a US court.


Sharia is more than simply “law” in the prescriptive sense, it is also the methodology through which a jurist engages the foundational religious texts (Qur’an and Sunna) to search for divine will. As a jurist-made law, the outcome of this process of ascertaining divine will is called fiqh (positive law), which is the moral and legal anchor of a Muslim’s total existence. Everything from the way Muslims eat, to how they treat animals and protect the environment, to the way they conduct commercial trade, to the way they solemnize their marriage and to the way their estate must be distributed at death is governed by Sharia, for Sharia dictates every aspect of an observant Muslim’s moral life. Therefore, Sharia is extremely personal to the majority of Muslims regardless of their level of religiosity.


Of course, this type of relationship with religion applies to most devout Christian, Jews, Hindus and others, for religious principles and laws are very personal to all religious Americans. Whether it is Jews submitting to the jurisdiction of Rabbinic courts, Christians submitting to Christian Conciliation tribunals or US political activists advocating a religious position on abortion, capital punishment, sex education, same-sex marriage and many other issues, religion and religious law has been alive and thriving in the US since its founding. Of course, the role of religious law or religious principles in the US court system continues to be subject to public policy and constitutional constraints. In the end, however, the US Constitution is the law of the land.

The modern manifestations of Sharia are either a source of legislation or actual nation-state law in the majority of Muslim countries. Sharia is the supreme law of the land in Saudi Arabia. Islamic law is a primary source of the family law codes of Egypt, Jordan, the United Arab Emirates, Qatar and many other Muslim countries, and Sharia is the gap filler in almost all of the civil codes of Muslim countries.


The globalization of domiciles, marriages, divorces, corporations and commercial transactions requires US courts to regularly interpret and apply foreign law — including Islamic law — to everything from the recognition of foreign divorces and custody decrees, the validity of marriages, the enforcement of money judgments or the damages elements in a commercial dispute or negligence matters.

Sharia is relevant in a US court either as a foreign law or as a source of information to understand the expectations of the parties in a dispute. As an attorney, consultant or expert witness I have handled more than 100 matters involving a component of Sharia or the laws of the Middle East. I will use several examples to explain the actual role Sharia or the laws of the Middle East play in litigation in the US.

A, a New York resident, married B, a UK resident, in a European country. Their marriage was solemnized by a Muslim clergy. The parties live in both countries. They have one child together. B filed for divorce in England. A countered, alleging that their marriage was not legal. Which jurisdiction governs the validity of the marriage and the place of the marriage, UK law or New York law? If New York law governs, the marriage would be valid as long as the marriage was valid under Sharia.


A, an employee of a US corporation negligently caused the death of B in a country utilizing Sharia. The estate of B institutes an action against A in the US. Based on US conflicts of law, the law where the tort occurred would govern the dispute. The court would require expert testimony regarding the tort law of the country using Sharia, which would include issues relating to Sharia.

A, a Saudi company, enters into a joint venture agreement with B, a US company. Their joint venture agreement provides that Saudi law would govern any disputes. A sues B in state court. State court applies Saudi law to the dispute. Saudi law is based on Sharia law. The primary issue of the dispute is then whether Sharia law provides for consequential damages.

A and B are married. They have lived in New York for the past twenty years. A and B are originally from Jordan. While A and B are visiting Jordan, A divorces B. Upon return, A seeks to enforce the Jordanian divorce. The court must determine whether the Jordanian divorce should be recognized. In this circumstance, the state judge must determine whether the Jordanian divorce violated American public policy. Where the wife was not a resident of Jordan, did not participate in the Jordanian proceeding and where the majority of the marital assets are in New York, the court is more than likely to hold that the Jordanian divorce violates New York public policy.


The above examples illustrate Sharia as a foreign law. Sharia, then, is extremely relevant for US judges adjudicating matters within the strictures of our law. Of course, the US judge is applying US conflicts of law to determine the applicable law. In other words, even though the judge is applying a foreign law to the dispute, it is US law that dictates that he apply the foreign law.

Here are two examples of how Sharia is relevant to a US judge not as a foreign law but as a source of information to understand the surrounding circumstances to an agreement or dispute or to clarify an ambiguity or correct a mistake.


A, a New Jersey resident, married B, also a New Jersey resident. Both are Muslim. They had a Muslim Imam solemnize their marriage, which included execution of a Muslim marriage contract. The Muslim marriage contract has a provision called Mahr, which directs the husband to pay the wife the sum of $20,000 in the event of divorce. The wife, A, filed for divorce in the New Jersey Superior Court, seeking the enforcement of the $20,000. The court heard testimony about Muslim marriages, marriage contracts, the meaning of Mahr and related information surrounding the execution of the marriage contract. The judge then considers this information to better understand the expectations of the parties at the time of the marriage and applies New Jersey contract law. The judge enforces the Muslim marriage contract finding it satisfied all of the elements of New Jersey contract law.


Same facts as above, but B, the groom, at the wedding ceremony, for the first time, is asked to sign the marriage contract for $20,000. Embarrassed and pressured before 300 guests, the groom signed the document. In addition, the document was in Arabic, and he does not read or write Arabic. Several years later, the wife filed for divorce and asks for the $20,000. The New Jersey judge finds that there was no meeting of the minds because of the circumstances surrounding the execution of the document. In other words, the marriage contract between these parties did not satisfy all of the elements of a valid contract under New Jersey law.

In sum, most legal experts would agree with the Tenth Circuit’s conclusions. Why then is there paranoia around the country? Why are warnings that Sharia threatens the constitutional system still raging and picking up steam? Almost every Republican presidential candidate has affirmed his opposition to the imaginary threat of Sharia. For attorneys and legal experts, the above examples are very simple and first-year law student material. These nuances, unique facts and legal subtleties are absent from the discussion about Sharia in America. Their absence is not an innocent coincidence. It is intentional in order to fuel the misinformation and distortion about Islam and Muslims.


As attorneys, we have an obligation to correct the truth about the role of any foreign law in our system. It is always subject to the limits of the Constitution. That is the law of the land. The politicization of this issue is undermining the integrity of our judicial system and constitutional protections. US judges are equipped with the necessary legal tools to evaluate the legal and factual issues before them without the requirement of bright line rules, especially those that originate out of misinformation, distortion and outright discrimination.



79 comments on “MUSLIMS ON A MISSION to convince us that Sharia (Islamic) law is just like American law

  1. The most important codification of Shari’ah is Umdat al-Salik, from the Shafi’ite school. It was translated by Noah Keller as Reliance of the Traveller, authenticated by Sheiks at Al-Azhar U. in Cairo. With the index, it is 1251 pages long, dived into books a-z.

    Books M, N & O are the most important, dealing with marriage, divorce and “justice” respectively. You can buy it from Amazon.

    Risala is the Maliki fiqh, less loquacious concerning jihad and easier to read.

    Hedaya, from the Hanifi school, is in two volumes. Vol. 2 has the stuff on jihad. Archaic language & type face make it a difficult read.

    What follows is part of my raw research notes, including direct links to important pages.


    Hedaya vol 1?

    is link to second vol, is busted.
    — 02/01/12

    this url does not work:

    On Line Reader:

    Destruction of the sword. Pg 141 154
    Fard al-Kifaya pg 140 153 [154 in the pdf]
    divine ordinance
    slay the infidels
    at all times by some party: marginal note.

    Dawah & Jizya pg 143 156

    incumbancy of war pg 145 158

    Jizya (capitation tax) 216
    return for protection
    punishment for infidelity
    and 217
    and, mortifying, humiliating, seize by throat and strike

    substitute for destruction 218

    Vol II dejavu text, appears to be raw ocr.

    m4.2 (1) Muslima not marry non-Arab ‘cuz Allah prefers Arabs. 541

    Book O TOC 596

    Jizya 0o11.4 628
    p21.1 theft 686
    o16.3 penalty for drinking 635

    o9.16 truces 622

    support m11.10 564

    child custody m13.5 571

    custody conditions m13.2 569

    Link to a specific page in pdf:
    [To target an HTML link to a specific page in a PDF file, add #page=[page number] to the end of the link’s URL.

    For example, this HTML tag opens page 4 of a PDF file named myfile.pdf:

    n2.1 divorce by triple talaq 576
    o24.9 4 male witnesses 656
    n9.0 iddah for pre-pubescent girls 584
    Hedaya 128/187
    m toc, child custody
    m13.0 child custody 568
    m13.2 must by upright; religious
    13.4 loses custody on remarriage 570

    Risala 33.9b
    32.2 virgin daughter

    Hedaya Volume 1, child custody matters. p138
    page 139
    Can’t force adult virgin to marry, can force infant. Vol 1, pg 34 pdf 93. [ Can’t select it.]
    Brats are ‘slimes!!!
    Page 64 /123

    fornication 628

    h7.0 THE ZAKAT OF ‘ElD AL-FITR 278

  2. I’m weary of the semantics and lawfare. Just make islam illegal in the U.S. and start throwing the moslems out like they’re doing in England.

  3. Sure…Islamic law is just like US law! Yeah. We have a lot of beheadings in the USA. Why there was one just last week in Washington DC. Homosexuals routinely get sentenced to death in US courts. There was a hanging of a homosexual couple in Lafayette Square in Buffalo the other day. Adulterous wives are routinely stoned all throughout the US, too.

    These Muslims are hitting the hashish again!

  4. When is the world going to understand that this is a system of justice for barbaric, uneducated desert nomads and has no place in a civilised society.

  5. 1 of the main problems with sharia is that it is not standardized.It varies from sect to sect and they make up the rest as they go along.Excluding blasphemy and apostacy of course.

    The 2nd is there is no separation between islam and the judicial system.

    If they don’t like a US court decision they scream violation of their religious rights.

    It is insane to consider adopting laws that would make pedophilia,necrophilia,zoophilia,stonings,caning,lashing,beheading,amputations,polygamy,FGM,drug use,wife beating and rape legal acts.

  6. Ms BNI I think you need to show
    Ezekiel 33 : 1-7 at the top of you page, for you truly are a ” Watchman ” in these dangerous times.
    God Bless your efforts and God Bless Jews and their friends The Christians.

  7. muhammad (with a small m)approached Jews with what he thought was a new religion. He thought they were stupid and would embrace his ideas, he was wrong, the jewish leaders in mecca and the people of Mecca rejected his miss guided ideas. So just like a spoiled child he had a tantrum and so began the ideology of islam which was spread by the sword. Sharia laws are heathen laws and should never be allowed in any God fearing country. islam is totally opposed to the TRUE GOD, the God of the Jews and the Gentiles.

  8. As horrible as all these stories are, it’s even more so, knowing that Americans on the left and right will be voting with their emotions again and not with their heads. Every fiber tells me Rohm is as dangerous as Obama, and the why of it is, he’ll be passing himself off as a Christian Conservative, legitimizing the Muslims. Hell, he’s already praising the bastards health care and that’s not going to stop there. His Mormonism has a bone to pick with Christians, and he’s on more than just a mission to legitimize his Mormon faith,it’s pay back time. Don’t believe me, you will in 2 years. He’ll keep most most if not all of Obama’s policies, they’ll fit nicely with his own, or get him good and started any ways…

  9. What would 5,000 lawyers at the bottom of the sea be called? A good start. The problem with the “lawyering” is the message US courts give Muslims by “weighing” Shari’ah against US law, giving Muslims the unintended sanction to apply Shari’ah themselves: penelties for dishonoring Sunna = MURDER/”honor killings” are the current application of Islamic law most often reported. If a family member does not kill the devient – other Muslims may interpret that as the whole family being hypocrites and/or apostates and apply Shari’ah compliant “solutions”: murder!

  10. I hope there is a god and I hope he will send these low life creatures to hell for all eternity.

    I can’t belive I live on the same planet than they do.

  11. No one could ever convince me, that Sharia Law should ever be allowed in America. For all of the reasons you mentioned here. Islam if allowed to have influence here, would be a terrible thing.

    • Lt. Gen Jerry Boykin (Ret) said in an interview with Glen Beck that Sharia Law was already being used along with constitutional law in some US courts. It is the thin edge of the wedge.

  12. Oh, f**k off, Abed Awad, you disingenuous piece of crap. We know what your putrid game is – anything to further your sick cult of enslavement, eh?

    I hope this POS is reading this. WE WILL NOT SUBMIT, get it, asswipe?

    Sooooo sick of these demented supremacists who think they are cleverly going to conquer us. Take your sick cult and shove it where the sun don’t shine – we ain’t buying your shoddy goods, mkay?

    لن استسلم

  13. Sadly most Americans are painfully stupid and will readily believe all the false propaganda about Islam being a religion of peace.

    • Mark, just my opinion of course, but I think the media being on the far left see an ally in the Muslims because they both share a hatred of capitalism, America, and Israel and freedom and both aspire to have the government (leftist or sharia) run everyone’s lives and redistribute the wealth.

      It’s the ol’ enemy of my enemy is my friend’ theory. Now, of course, if the world was ever run by Marxists and Islamists (God forbid), one would have to destroy the other, because neither can stand the lifestyle and religious beliefs or non-beliefs of the other.

      They understand that, and each believes he will triumph over the other. For now they are partners in crime against a common enemy.

    • I think they are scared. Politicians don’t think it could happen to them so they really don’t care. If the regular American saw these films, there would be a great round of all muzzies and they would be shipped home. The politicians are so PC, except when it comes to its citizens.

  14. By the way, dear Ms. BNI: it seems that the “bold-type” HTML code has locked itself on. Can you please disable it: not being able to distinguish between it and the regular font not only cripples my attempts at expressiveness; it also gets almost as wearing on the eyes as the unrelenting use of capital-letters!!

    Many thanks in advance!!!

        • It’s the same since I can remember, no difference to me. But I’m not being able to access my comments through my mail room, keep getting an error 404, but can access them from my tool bar? Any suggestions. My PC cleaner, Norton, Avg, Parentologic and my XoftSpySE are all reading fine on my end. When I quit following two other post here, I could no longer follow the comments from my mail room and are pulling them up from my Tool Bar no problem? Started two day’s ago? :)

        • Jeffrey, delete all cookies from the Browser. This has worked for several people with the same problem.

  15. DISCRIMINATORY Sharia law authorizes:

    1) honorkilling
    2) vigilante attacks
    3) beheading
    4) slavery
    5) captive nations
    6) repression of free speech
    7) treating women like domestic animals and prisoners

  16. It’s one of THE ULTIMATE of OBSCENITIES (not to say patent LIES!!!!) to tout “Shari’a” as no different from ANY Western law!!!!

    Be it the Napoléonic Code (the heart of the constitutions of France, Italy, Spain and most of Central and South America), Anglo-American “common law”, the various Constitutions of the USA and its federated states, Canada, Germany, Austria, Hungary or even Russia (if we leave aside the most infamous Stáljinist “constitution” of the USSR): such penalties, bigotry and totally anti-democratic thinking that Shari’a INSISTS UPON couldn’t be more ANTIPODAL to all the other law-sources cited above!!!! Even the Old Testament Hebraic laws aren’t one-tenth as totalitarian, cruel, all-pervasive and stifling as Shari’a truly IS!!!!! [And so much of it based not as much on the ultra-EVIL Qur’ân but on the even more contradictory, mendacious and ill-defined body of “traditions” known as the Hadith, Sunna, Bukhari et al!!!!]

    Truly, there isn’t ANYTHING “good” in the slightest in Islâm, PERIOD!!!!

  17. I also looked at a few other clips that came after the ones posted. My brain feels violated. HOW can ANYONE allow this cult to continue, and at very least, it should be completely BANNED AND OUTLAWED in ALL Western countries…if muslims complain, we need to say SO FRIGGIN’ WHAT? OUR COUNTRY- DEAL WITH IT, OR YOU KNOW WHAT YOU CAN DO….sorry about the uppercase, but I am venting seriously here.

    These atrocities are what muslims beleive in, they say their holy books tells them so…everytime there is a crime, containing a muslim, they always say it is their ‘right’ maybe we need to show them OUR rights…maybe a few need to be SHOWn how we roll…I am sick of these maggots hurting people and demanding their religious freedom…their is not a religion, I don’t really know what it is, but it is dirty, unpure, cruel, demeaning, sick, peverted…where do I start?………

      • The message could not get out during WW2, about the horrors of what was really going on… here, with todays technology, we have the means to warn of possible invasion etc, and atrocities committed, yet, we are not allowed to know what is going on? These videos are all we have to PROVE how sick minded, and cruel these stupid moron, inbred believers are. It sickens me..people are dying at the hands of these vermin, and the world is not allowed to know…SCREW IT! It is a disgrace on the Western World…….IMHO…..who cares about a muslims feelings, DO THEY CARE EVEN A LITTLE BIT, FOR THOSE THEY HAVE KILLED???….we all know the answer to that….

  18. OMG, they are like animals with Rabies.

    UH, and they don’t want us to say anything negative about their “peaceful religion”?

    • Upaces, that’s why I never bother to post arguments to these kinds of articles. The images in the videos speak volumes….

  19. I like that. “Negative connotations about sharia law must be dispelled”. Don’t you kind of wish that Sam Kinnison was still around to rip islam a new one? I think he’d say “Oh OH OH Ooooooooooooooohhhhh, FUCK YOOOOOOOOOOOOOUUUU! Listen hooper and abed aWAD and ALL you little muslime fucking punks, EVERYBODY KNOWS that you are FULL OF SHIIIIIIIITTTT. It DOES NOT matter WHAT you SAY. ISLAM IS AS ISLAM DOES. You can try to bullshit and lie all you want – it aint gonna work. Your days are numbered assholes. You certainly don’t think we’re gonna take this shit forever do you? islam – the comic book religion. Goofy bullshit. islam IS as islam DOES – Over and over throughout history you’ve had your ass kicked, this time it’s gonna be for real.

  20. The day that we allow this barbaric primitive filth -Sharia Law which is the law of Islam ,to rule parralel to-our civilised laws will be the end ,the end of everything that we as civilised nations of people hold dear,this cruel inhumane -death cult should never be allowed to get into power .I don’t want my grandchildren living under this insane male dominating cult of stoning,amputations ,murder-and hatred and l will do everything I can to help prevent it,by joining organisations that are against the Islamization of our beautiful free country,living in Australia we also have this -filth rearing it’s ugly head ,aided and abetted by those who for reasons of their own ingraite and kowtow to this religion from hell,politicians for the ethnic vote etc.I -hate this cult of hatred .

  21. BNI: I expect you will get your 17 MILLION visitor on your site within the next 24 hours. What joy you must feel!

    What sickens me the most are the various islamic organizations, led by women, that refuse to address sharia law, as well as any muslim organism led by men that lie about sharia law.

    The Shafia case, in Ontario, was pure sharia. However, very few muslims address it as such. They are looking for other words such as feminicide, domestic violence… They are insulting our intelligence.

    • Susan, the blame lies with the media and politicians who refuse to acknowledge the cold hard truth. Imagine where groups like CAIR would be if the networks aired one tenth of the stories you see here minus the PC slant.

      • The liberal media like false prophets are deceiving the people. Thank God for the media that remains faithful. If only people would listen to the warnings.

        Our mainstream media and leaders are like false prophets telling the people that Islam is a religion of peace and there’s nothing to worry about. Thank God for the watchmen who are faithful and sound the alarm in spite of consequences to themselves.

        • Like after WWII the people killed off many of the
          collaborators. This will happen again, but on a mush larger scale.
          When it is said and done Evil and the fence sitters will be gone.

        • As you know the Troglodytes only come out of their cave long enough to Rape, murder, kill, or tell the big lie.

    • Susan,
      May I apologize a thousand times for insulting your intelligence as I assume a Muslim and play the role of the perpetual victim.
      Collecting white girls to use them as sex slaves is a virus in England and now has made its way to the US.The filthy deviants who were arrested were all Muslim scumbags.
      One has to wonder with the growing karo kari’s in America who are these people?
      So I too study the Koran,Hadith,Suras and Reliance of the traveler and I see nothing in it that will get anyone into paradise.
      So comfortable as the victim you call me out when it is you who is insulting our intelligence.
      I will use CAIR as an example I will leave out HLF.MAS,ICNA,Hamas,Hezbolla,etc
      CAIR scammed Muslims who were trying to immigrate.CAIR’s lawyer whom was in charge was a fraud and CAIR continued to employ him despite knowing he was ripping off Muslims.
      The organization does NO GOOD for community cohesion when the jump at the oppertunity to shout Hate Crime to further their agenda.
      By the way I have not seen a woman Representative.
      I know about WISE and UMWC but what progress have they made?
      We are seeing the Islamic culture’s twisted norms immigrating with Muslims. These behaviors are appalling to our culture.
      You can say not all Muslims are bad but, Susan they are accomplices and enablers.We infidels likely know more about Islamic text and barbaric history.
      You can’t fool those who are also Islamicated.
      In closing❀ Happy Easter ❀ to all.

  22. Abed Awad of Awad & Khoury, LLP says “Negative connotations surrounding Sharia must be dispelled.”


    “And for our next trick, watch us pull a rabbit out of this hat.”

  23. Hooper is just trying to white wash the nasty beliefs and actions of mohommedism. He uses Al Jazeera to prove his point and visa versa. If more people knew what they do they would be lynched.

  24. Thank goodness for sites like this that continue to spread the truth about the evils and savagery of Islam. Its why Muslims with their leader Obama and his pals in the UN continue to push for hate speech crimes here in America. they don’t want Americans to know what really goes on in Muslim countries and the horrors of sharia law.

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