Sharia Law conflicts with U.S. Law
Freedom of religion in the United States protects beliefs and personal worship, but it has clear limits. The First Amendment safeguards the right to hold any religious opinion, but it does not exempt religiously motivated actions that violate neutral, generally applicable criminal or civil laws. This safeguard was affirmed in Reynolds v. United States (1879), where the Supreme Court upheld bans on polygamy despite religious claims, distinguishing belief (protected) from conduct (regulable when it harms public order, health, safety, or morals). Later cases like Employment Division v. Smith (1990) reinforced that religious exemptions are narrow; the Religious Freedom Restoration Act (RFRA) offers some federal protections but does not override core criminal prohibitions or equal-protection requirements under the 14th Amendment.
The focus here is on elements drawn from traditional Islamic jurisprudence (fiqh and Sharia, based on the Quran, Hadith, and classical scholarly consensus across major schools like Hanafi, Maliki, Shafi’i, and Hanbali). These are not universally practiced by all Muslims—many American Muslims follow only personal devotional aspects (e.g., prayer, fasting, halal diet) and reject literal criminal or social applications in a secular democracy. Reformist and progressive interpretations often reinterpret or contextualize verses. However, if someone attempts to practice the following doctrines literally in the U.S., they will violate federal or state law. U.S. courts apply secular law exclusively; private religious arbitration (e.g., for divorce or contracts) is allowed only if it is consensual and does not violate public policy.
Here are the primary points of conflict, with references to Islamic sources and U.S. law:
Polygamy (Polygyny)
Traditional Islam permits a man up to four wives (Quran 4:3: “Marry those that please you of [other] women, two or three or four”). This is a clear doctrinal allowance in classical Sharia.
- U.S. conflict: Bigamy/polygamy is a crime in all 50 states (e.g., felony bigamy statutes). Attempting a second (or subsequent) legal or religious marriage while a prior spouse lives triggers criminal charges. Religious belief offers no defense, per Reynolds v. United States (1879), which rejected a similar Mormon claim.
- Practice in U.S.: “Religious” polygamous unions may occur informally, but they receive no legal recognition (no spousal benefits, inheritance rights, etc.) and can lead to fraud or immigration issues.
Hudud Punishments (Fixed Criminal Penalties)
Classical Sharia prescribes corporal or capital punishments for certain offenses, including:
- Theft: Amputation of hand (Quran 5:38).
- Adultery (zina): Stoning (derived from Hadith; Quran 24:2 prescribes flogging for unmarried).
- Apostasy (riddah, leaving Islam): Death penalty in classical consensus (e.g., Sahih Bukhari 4:52:260 and scholarly ijma).
- Blasphemy (insulting the Prophet or Quran): Severe penalties, including death in some interpretations.
These are “Hadd” crimes with fixed penalties meant as deterrents, though evidentiary thresholds are high.
- U.S. conflict: These constitute assault, maiming, murder, or threats thereof—violating state criminal codes and the 8th Amendment (cruel and unusual punishment). No religious exemption exists for vigilante enforcement or private “courts.” Incitement or conspiracy to commit them is also illegal (e.g., under 18 U.S.C. § 373).
Apostasy and Blasphemy Enforcement
As noted above, classical rulings treat leaving Islam or insulting core tenets as capital offenses punishable by the community or state.
- U.S. conflict: The First Amendment explicitly protects the right to change religion (free exercise) and to criticize religion (free speech). Any private punishment would be criminal (assault, murder, or conspiracy). U.S. law has no blasphemy statutes.
First Amendment
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Wife Discipline (“Light Beating”)
Quran 4:34 states that men are “in charge” of women and, after admonishing or separating from a wife showing “disobedience” (nushuz), “strike them” (Arabic: idribuhunna). Classical scholars (e.g., in tafsir by al-Tabari, al-Qurtubi) interpreted this as permitting limited physical discipline (not causing injury, often with a miswak or light object), though the Prophet Muhammad reportedly discouraged harshness in Hadith.
- U.S. conflict: Any intentional physical contact causing harm (or even fear of it) is domestic violence or assault under state laws. No religious defense applies; courts prosecute regardless of “cultural” or religious justification. Modern reformists reinterpret daraba as “separate” or symbolic, but literal practice remains illegal.
Female Genital Mutilation (FGM) or “Circumcision”
Some schools (notably Shafi’i) deem FGM obligatory or recommended as “purification” (Hadith in Sunan Abu Dawud 41:5251 and others). Prevalence varies by culture and region.
- U.S. conflict: Federal law (18 U.S.C. § 116) bans performing, attempting, or conspiring to perform FGM on anyone under 18, with up to 10 years imprisonment. It is also child abuse in all states. No religious, cultural, or traditional exemption exists.
Child Marriage
Classical Islamic law ties marriage eligibility to puberty (no fixed minimum age), with historical precedent in the marriage of Aisha to Muhammad (reported consummation at age 9 in Sahih Bukhari). Contracts can be made earlier, with consummation upon maturity.
- U.S. conflict: All states set minimum marriage ages (typically 16–18, often with parental/judicial consent; many now ban under 18 outright). Marrying or consummating with a minor below the age of consent violates statutory rape, child endangerment, and marriage laws. Federal law and state protections treat it as child exploitation.
Gender-Based Inheritance and Legal Testimony Rules
Sharia fixes shares: daughters typically receive half the inheritance of sons (Quran 4:11); in some financial disputes, a woman’s testimony is valued at half a man’s (Quran 2:282).
- U.S. conflict: Inheritance follows wills or state intestacy laws (which are gender-neutral or follow the testator’s wishes). Courts cannot apply gender-discriminatory rules. The 14th Amendment’s Equal Protection Clause bars state enforcement of such distinctions. Testimony rules in U.S. courts are gender neutral. Private agreements or wills attempting unequal distribution based on religion may face public-policy challenges, especially in probate.
Thousands of Muslims in the United States believe the world should be governed by their strict interpretation of Islamic law, known as Sharia. They regard only their rigid version of Islam as legitimate and insist it must be applied universally to both Muslim and non-Muslim societies. From their perspective, democracy is rejected as merely “man-made law,” and secular governments are seen as inherently illegitimate. Their goal is to establish a global caliphate under authoritarian religious rule.
Classical Sharia imposes special taxes (jizya), restrictions on worship / building, and second-class legal status on non-Muslims in Muslim-governed lands. This directly violates the 14th Amendment and the Establishment Clause.
Attempts to create Sharia tribunals for criminal or family matters that override U.S. law are invalid for now. Muslims who believe Sharia is the purest way of Islam live in the United States and are prominent figures within their mosques. They will never stop pursuing Sharia. Their strategy to get Muslims elected anywhere and everywhere they can in the United States is working. The evidence is public record.
If the Muslims prevail the liberals who are blindly protecting them along the way have this to look forward to. They all say, “That could never happen in the United States”.
Hudud corporal and capital punishments
- Theft → amputation of hand (Quran 5:38)
- Adultery → stoning or flogging (Quran 24:2 + Hadith)
- Apostasy (leaving Islam) → death (Sahih Bukhari and scholarly ijma)
- Blasphemy → severe punishment, often death
U.S. conflict (FOR NOW): These are aggravated assault, maiming, murder, or conspiracy to commit them. The 8th Amendment forbids “cruel and unusual” punishments; states prosecute vigilante or “religious court” enforcement.
Fathom the unfathomable. Islam is spreading like molten lava in the United States. Non-Muslims would be wise to set up additional protective measures to ensure American Muslims follow only personal devotional aspects of Islam (e.g., prayer, fasting, halal diet) and reject literal criminal or social applications in the United States.
