Apr 28 2013
Again, many thanks for all of your efforts, Texas. You ARE making a difference!
REMEMBER, YOUR VOICE COUNTS!IF EACH OF US DOES JUST A LITTLE, TOGETHER WE CANACCOMPLISH A LOT!
Public Policy Alliance Shariah law, often referred to as “Islamic Law,” is in actuality a legal doctrine based on the Quran and Hadiths (sayings and acts of Mohammed), but one which goes far beyond what Westerners would regard as religious matters or routine legal matters.
Shariah has in fact been introduced into U.S. civil court cases in many states, mostly in the area of family law.
Shariah covers all aspects of life, including criminal law, domestic law, statecraft and warfare (Jihad). Shariah encompasses personal ethics and legal issues, religion and state governance, this world and the afterlife. Shariah is said to enforce the will of Allah, as opposed to the will of humans. Shariah regulates belief, speech and religious practice, criminal and legal matters, and other fields including finance and war. There is no such thing as a separate secular authority or secular law under doctrinal Shariah, since religion and state are not distinct, but are one.
Shariah is the strict, exclusive law of the land or basis of that law in Saudi Arabia, Iran and Sudan. It is also enforced in Taliban-controlled areas of Afghanistan and Pakistan, as well as enclaves around the world controlled by violent Jihadist organizations. In other nations, Shariah is either a parallel legal system or partly integrated into the legal systems of the other Islamic-majority nations, such as Egypt and Morocco. Some pro-Shariah groups such as the Muslim Brotherhood also support democratic elections as long as they result in governments, constitutions, legal systems and societies based on Shariah.
Ten American Families and Sharia Law already being used in American courts
PUBLIC POLICY ALLIANCE Below are ten cases of American Muslim Families who have encountered conflicts between the equal protection under the Constitution they should have received, and legal discrimination imposed on them by Shariah law – in American Courts (excerpted from“Shariah Law and American State Courts“).
In cases 1-3, the Appellate Courts upheld Shariah law; in cases 4-7, the Trial Courts upheld Shariah, but the Appellate Courts reversed (protecting the litigant’s constitutional rights); in cases 8-10, both Trial and Appellate Courts rejected the attempts to enforce Shariah law.
- Joohi Q. Hosain (FKA Malik) V. Anwar Malik, (http://shariahinamericancourts.com/?p=124 ), Shariah law of Pakistan, Maryland, 1996: Trial and Appellate Courts upheld foreign Shariah law and denied mother custody. She lost custody because going to custody hearing in Pakistan would have risked prison, torture or execution.
- Laila Adeeb Sawaya Malak v. Abdul Latif Malak (http://shariahinamericancourts.com/?p=77 ), Shariah law of Lebanon/UAE, California, 1986: Appellate Court upheld foreign Shariah law and denied mother custody, reversing Trial Court.
- Parveen Chaudry v. M. Hanif Chaudry, M.D., (http://shariahinamericancourts.com/?p=155 ), Shariah law of Pakistan, New Jersey, 1978: Appellate Court upheld foreign Shariah law, overturned Trial Court. Wife denied support and child support and division of property; prenuptial agreement signed by parents giving her only $1,500 from marriage upheld by Appellate Court.
- In re the Custody Of R., minor child. Dato Paduka Noordin v. Datin Laila Abdulla, (http://shariahinamericancourts.com/?p=228 , Shariah law of Philippines, Washington, 1997: Trial Court upheld foreign Shariah law of Philippines (which has parallel Shariah court system) granting father custody; Appellate Court reverses, allowing mother to contest Philippines Shariah court custody decision.
- S.D., Plaintiff-Appellant, v. M.J.R., (http://shariahinamericancourts.com/?p=197 ), Shariah law of Morocco, New Jersey, 2010: Pregnant mother is beaten and raped by her husband, Trial Court refuses restraining order citing foreign Shariah law, Appellate court reverses and grants restraining order.
- Pamela Tazziz VS. Ismail Tazziz (http://shariahinamericancourts.com/?p=133 ), Shariah law of Israel, Massachusetts, 1988: Trial Court upheld foreign Shariah law of Israel (which has parallel Shariah court system ) requiring mother of four children to bring family to Shariah hearing; Appellate Court reversed.
- Saida Banu Tarikonda, , v. Bade Saheb Pinjari (http://shariahinamericancourts.com/?p=139 ), Shariah law of India, Michigan, 2009: The Trial Court accepted a Talaq divorce (the husband says “I divorce you” three times, no prior notice to wife required). The Appellate Court reversed.
- Irfan Aleem v. Farah Aleem (http://shariahinamericancourts.com/?p=126 ), Shariah law of Pakistan, Maryland, 2007: Trial Court rejected argument permitting a foreign Shariah law Talaq divorce to prevent community division of property; Appellate Court upheld.
- Magda Sobhy Ahmed Amin v. Abdelrahman Sayed Bakhaty (http://shariahinamericancourts.com/?p=114 ), Shariah law of Egypt and Lebanon, Louisiana, 2001: Mother convicted under foreign Shariah law of Egypt for leaving Egypt with child for U.S. without husband’s permission; Under Egyptian Shariah law, father files for divorce and custody; Trial Court and Appellate court do not grant comity.
- Bita Donboli, Respondent, and Nader Donboli (http://shariahinamericancourts.com/?p=236 ),Shariah law of Iran, Washington, 2005: Mother is dual citizen of U.S. and Iran, alleges beatings, not allowed to leave Iran with son without husband permission, and refuses to comply with foreign Iranian Shariah law custody decree. Trial and Appellate Courts uphold her position.