Legal News

Kansas Effectively Bans Islamic Law
Download PDF

The bill, popularly named the “Sharia Bill” passed 33-3 in the state Senate on Friday and 120-0 previously in the House of Representatives. The bill awaiting signature of the Governor does not single out Islamic Law, though that is the popular perception, but the law prevents state courts or agencies from using any non-U.S. laws in making decisions. However critics hold that the bill is an embarrassment to the state and made to single out Islamic laws.

Peggy Mast, a lead sponsor of the bill made it clear to the media that the goal was to ensure that on American soil it was lex loci or law of the land that prevailed and not laws of foreign origin. Mast said that there were records that government agencies had taken into account Sharia and other legal systems in decision-making. Commonly, such decisions involved cases held widely under ‘family law’ and involved divorce, property division, inheritance, child custody etcetera where women were treated unfairly.

Mast, a Republican said, “I want people of other cultures, when they come to the United States, to know the freedoms that they have in regard to women’s and children’s rights.”

  
What
Where


This is this writer’s opinion that the learned lawmaker seems singularly uneducated. Though my religion is neither Yehudi nor Islam, any person with interest in law would study the different important systems of law prevailing in the world. Islam is the only religion on earth where it is prohibited for any person to give away his property by ‘will’ while leaving his wife and children destitute. Such an act, if committed can be challenged under Sharia and the will made void. In fact, if the Sharia is studied deeply it would be seen that out of the earnings and property of a person, one-third is to go towards zakat or donations to the needy, one-third is meant for the family, and the remaining one-third is for the person to use as he pleases.

Though Sharia provides protection for the family of a person who may be influenced by third parties while sick of mind, the American law provides no such protection. If a person gives his property by ‘will’ to third persons outside the family, he can leave his wife and children destitute under American law and there is no vaunted ‘protection of women’ as claimed my Peggy Mast.

Needless to say, that flaws remain in every system of law and its interpretation, as it does in the Sharia, but the simple fact that at least in 50 cases, learned courts took the Sharia into account should prove its importance in those cases, as held by those courts. It is presumptuous for Mast to think that all of those courts erred in considering the Sharia in particular applications of family law. The passing of this law would also pave the way to block more human provisions in different legal systems of closed communities like Jews, as rabbinic laws are not of U.S. soil.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




This is the reason why another Republican, Owens said “It’s based on fear, it’s based on intolerance and it is not based on understanding of the Constitution.”

Ibrahim Hooper, spokesman for the Council on American-Islamic Relations reported that roughly 20 states have considered such laws. A report earlier this year by the Brookings Institution found that roughly one third of Americans believed American Muslims want to establish Sharia law in the United States, and the same report also found that 88 percent of Americans acknowledged knowing little about Islamic beliefs.



8 Comments

  1. Theresa

    May 16, 2012 at 8:39 am

    The writer of this article seems to favor Sharia law. While the law cited about leaving a family destitute sounds nice, it doesn’t make one forget that the same husband/father can also kill his wife/daughter if she brings what he would consider ‘shame’ to his family. If Islamic families want to live under Sharia law, let them move to an Islamic nation. I opt for our Constitution, and if they want to live here, so should they.

  2. Shari

    May 16, 2012 at 8:46 am

    I agree with Theresa. The average American doesn’t have a clue what Sharia Law really is. It is BAD news for this county and our Constitution. Sharia Law permits kidnapping of the “infidel”. Infidels are non muslims. I won’t say what Sharia Law allows the kidnappers do to the enslaved. This is just one example. I hope the writer of this article does a little research on Sharia Law before it holds it above the Constitution on ANY level.

  3. mbc

    May 16, 2012 at 9:37 am

    Totally agree with the first two comments. I would like to think that any American would find any challenge to our Constitution as supreme law of the land deplorable, but apparently we want to be “popular” with the nations of the world so much so that we are willing to give up what so many have fought and died for.

  4. Deanna Myers

    May 16, 2012 at 9:38 am

    I believe the writer should try to get a law started that would keep families in this country from cutting anyone in the family out of a will. Instead of trying to promote Sharia law and all that it stands for. This is the United States of America, people know the laws here and I for one am tired of other nationalities coming here to live and enjoy the freedoms we have then try and put there laws and religious veiws off on us because they don’t believe in them. They should try and make a difference in their own country instaed of trying to change ours to fit what they left behind in theirs. Having lived in another country namely United Arab Emirates, do you think you could move their and try to put our laws off on them no way. Just like them coming here to have their children and they automaticaly become a U.S. citizen just because they are born on American soil. There are american children born overseas in other countries but that does not automatically make them a citizen of that country if their parents are U.S. citizens they become U.S. citizens as well. He really does need to do more research in to other countries laws. Long Live Amrericas way of life. LOVE IT OR LIVE IT!!!!

  5. Karyn

    May 16, 2012 at 9:47 am

    So, if I move to China I should expect China to follow my American law in divorce court. If you come to America and live in America. Simple. Expect to live and follow our American laws. We are screwing up America now trying to make every one in our melting pot happy. We are tearing down the US by trying to do so.

  6. Sharon

    May 16, 2012 at 10:19 am

    So, simply stated, the law should have been referred to as “Non-Sharia Bill”. Right? Keep it clear and simple for this of us who live outside of Kansas.

  7. Karen

    May 16, 2012 at 11:45 am

    We need to stop being ashamed of being Americans. Leave that to Michelle Obama. Our constitution has stood for over 200 years. We have been able to advance conditions in our country because of that and our Bill of Rights. mbc said it. We should find it deplorable to want to add laws of other lands that are in direct contradiction to our constitution. Muslims are free to live as they will, AS LONG AS IT DOES NOT VIOLATE THE LAWS OF THE UNITED STATES OF AMERICA. Period. They should not be afforded any other laws other than what the rest of us must abide by. It is not ignorance of their religion. I DON’T NEED TO KNOW ABOUT THEIR RELIGION. I DON’T NEED SENSITIVITY CLASSES ON THE ISLAMIC FAITH, the same way I am not learning about every other religion out there. I DO understand the Constitution of our land and the Bill of Rights, and that anyone who lives here should want to become a U.S. Citizen because in some way they agree with the laws and opportunites afforeded them here. If not, then WHY ARE THEY HERE? Why should they be affored a different set of laws? Only an idiot would not see this as a threat to our national security. Too much of Sharia law CONTRADICTS the Constitution. What Sharia law will allow men to do to their wives cannot be done HERE with our blessing. And thank God for that. We don’t need to adopt Sharia law concerning property, etc. There are laws in existence in every state already to deal with that. AGAIN…IF THEY LIVE HERE THEN THEY CHOOSE (no one kidnapped and brought them here) to live under OUR laws. SIMPLE STUPID!

  8. aria

    May 17, 2012 at 11:06 pm

    The US laws were made for reasons and if we have people coming here they should have to abide by the laws that are lived by all citizens here if they cannot conform and adapt to the way of the US then they should kindly deport themselves back to where the laws they are accustomed to and prefer to live by. Sure there are some things within our laws that may need some changes or upgrades but this is a country with laws where our forefathers were proud and wanted people to live good lives not have to live in fear for families and children, if Islamic people want to live here within our cultural mainstream of life then learn and abide by our laws… it is what it is if they cannot accept it … go back to where you came from…simple as that.

Leave a Reply

Your email address will not be published.

5 × 4 =



 

Most Popular

SEARCH IN ARCHIVE

To Top