There is currently a debate over the enforcement of Sharia law in our courts. Several US courts have overturned bans on enforcing Sharia law in the US, claiming that it create religious discrimination.
Those in favor of the ban on Sharia in US courts make a few interesting points:
- Sharia is antithetical to US law as it does not provide equal protection to women
- Sharia provides for punishments that would be 'cruel and unusual' and therefore unconstitutional
I would like to point out the following: This is an insane conversation! It misses the most important point: Sharia law is NOT THE LAW.
Sharia law has not been passed by a legislature and is therefore not the law. Period. It is NON-LAW.
Passing a law that says judges can only use the laws passed by the legislature to interpret the law is, well, redundant.
What the hell are judges using now if not the laws that have been passed? Since when does a judge think they have the power to use laws that have not been passed to interpret the law??
Who actually thinks that we should use laws from other places to interpret our laws?
"Hi, you are under arrest for selling alcohol."
"But, it is legal to sell alcohol here in Illinois"
This is absurd. You are subject only to the laws of the jurisdiction that you are in, not the laws of some other land.
It is literally insane that we are having this discussion.
If I walked into a courtroom and demanded that the case be tried under Klingon law as laid out in the Star Trek series, they would laugh me out of court.
Why? Because Klingon law is NOT THE LAW. It is non-law.
So why in the heck are we even talking about enforcing other non-laws in our courts of law?
It is not relevant to the discussion that Sharia is a hateful 7th century mysticism that is mired in bigotry and misogyny. What matters is that it is NOT the law. Even if Sharia law was all sunshine, ponies and flowers, it would still be non-law.
How have we so badly lost our bearings that courts are rendering decisions that allow the use of non-laws to be used to interpret the law?