11/19/2014
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Last week’s midterm elections included a proposed amendment to the Alabama State Constitution, preemptively banning Sharia Law. When voters went to the polls, they passed the law, known as Alabama Statewide Amendment 1, by a wide margin. The amendment specifically bans the consideration of foreign codes of law, particularly Islamic Sharia Law. The provision on the ballot read:
Called “The American and Alabama Laws for Alabama Courts Amendment,” Amendment 1 relates to the application of foreign law during the legal process involving an Alabama citizen. Foreign law refers to the laws of other countries or cultures. Currently, judges or other legal authorities discern whether foreign law is applied. Amendment 1 would create constitutional protection that foreign law is not applied if it violates the guaranteed rights of Alabama citizens.”
Muslims and Liberals across Alabama, and even outside the state, are up in arms. The Council on American-Islamic Relations (CAIR) issued a statement on Facebook calling the amendment “virulently racist” and indicative of “outright hostility toward Muslims.”
Liberals argued the amendment was racist and Islamophobic. They also deemed it unnecessary, since Sharia law has not been proposed in Alabama. Supporters of the amendment, however, made the case it was important to establish a position on use of a foreign legal system before the issue arose.
In European countries where there are significant Muslim populations, Sharia law has become a hotly-debated issue. England, for example, has permitted aspects of Sharia law, resulting in legal and cultural confusion. The difficulties posed are described in an article on RT UK:
Sharia principles are to become enshrined in the UK legal system for the first time, with The Law Society publishing guidelines for drawing up documents according to Islamic rules, which would exclude non-believers and encroach on women’s rights.The new guidelines were produced by The Law Society earlier this month. Under the guidance, High Street solicitors will be able to write Islamic wills which will have the power to exclude non-believers completely and deny women an equal share of an inheritance.“The male heirs in most cases receive double the amount inherited by a female heir of the same class. Non-Muslims may not inherit at all, and only Muslim marriages are recognized,” states the document.Any children who have been born outside of marriage and even kids who have been adopted will also not be recognized as legitimate heirs.It also advises lawyers to draft special exclusions from the Wills Act 1837, which would allow gifts or money to pass to the children of an heir who has died, as this practice isn’t recognized in Islamic law.Sharia law only recognizes Muslim weddings, so anyone who was married in a Christian church or in a civil ceremony would also be excluded from succession.
Voters in Alabama made their position clear last week. The American legal system is the only appropriate structure of laws in the United States.
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