Lest you think that this will not become a problem in the United States, think again. Shariah is already starting to appear in our courts, especially in the area of family law:
* You probably didn't know that there is something called the "Texas Islamic Court." It decides cases according to Shariah and its rulings sometimes end up in actual state court:
* The Islamic Society of North America (ISNA), which was identified as a Muslim Brotherhood organization and named an unindicted co-conspirator in the largest terrorism financing conviction in US history (United States versus Holy Land Foundation), runs arbitrations here in the US according to Shariah:
* There have been dozens of instances in which Shariah has been invoked in US courts, mostly unsuccessfully, but not always. Here are two of the most infamous cases, brought to our attention by Stephen Gele of Lawyers Against Shariah:
* In S.D. v. M.J.R. in the state of New Jersey, a New Jersey judge saw no evidence that a Muslim committed sexual assault of his wife - not because he didn't do it, but because he was acting on his Islamic beliefs: "This court does not feel that, under the circumstances, that this defendant had a criminal desire to or intent to sexually assault or to sexually contact the plaintiff when he did. The court believes that he was operating under his belief that it is, as the husband, his desire to have sex when and whether he wanted to, was something that was consistent with his practices and it was something that was not prohibited." Fortunately, an appellate court overturned this atrocious decision, and a Shariah ruling by a U.S. court was not allowed to stand.
* In a Maryland case, Hosain v. Malik, 108 Md.App. 284, 671 A.2d 988 (Md.1996), a Maryland Court granted comity and enforced a Pakistani custody order turning a child brought to the US by the mother over to the father. The Maryland Court held that: the burden was on the mother to prove the Pakistani court did not apply law in "substantial conformity with Maryland law" by a preponderance of the evidence; the case was "not about whether Pakistani religion, culture, or legal system is personally offensive to us or whether we share all of the same values, mores and customs, but rather whether the Pakistani courts applied a rule of law, evidence,or procedure so contradictory to Maryland public policy as to undermine the confidence in the trial"; the best interest of the child should not be "determined based on Maryland law, i.e., American cultures and mores," but rather "by applying relevant Pakistani customs, culture and mores";"a Pakistani court could only determine the best interest of a Pakistani child by an analysis utilizing the customs, culture, religion, and mores of ... Pakistan"; "in the Pakistani culture, the well being of the child and the child's proper development is thought to be facilitated by adherence to Islamic teachings"; the Pakistani order was not the result of "a trial by fire, trial by ordeal, or a system rooted in superstition, or witchcraft"; the "longstanding doctrine [of Hazanit1] of one of the world's oldest and largest religions practiced by hundreds of millions of people around the world and in this country, as applied as one factor in the best interest of the child test, is [not] repugnant to Maryland public policy"; and, the granting of the order by the Pakistani Court without representation for the mother was not repugnant to Maryland public policy because although she may have been arrested for adultery if she returned to Pakistan for the custody proceedings and have been subject to "public whipping or death by stoning," such punishments were "extremely unlikely."