Mo. lawmakers propose ban on Islamic law

Measure is in committee

Monday, March 14, 2011

JEFFERSON CITY, Mo. (AP) — Two Missouri lawmakers are proposing measures aimed at barring courts in the state from applying laws from other countries and those based on Sharia, the Islamic religious law.

The Kansas City Star reported Monday that one state lawmaker said his proposed constitutional amendment is necessary because the Islamic legal system is spreading and could threaten Missouri. The other legislator, whose legislation more broadly bans the application of foreign laws in Missouri courts, said the prohibition on applying laws from other nations would prevent judges from “ambushing” people by basing court rulings on foreign laws.

The measures were filed in the Missouri House and have been referred to the chamber’s Judiciary Committee.

Several states have considered similar restrictions on using international law. This past November, voters in Oklahoma approved a constitutional amendment that bans the use of Sharia law in state courts, but that since has been challenged as unconstitutional in federal court.

Critics of Missouri’s proposals are questioning the motivation for the measures and how they could be applied.

John Bowen, a professor and expert on Islam at Washington University in St. Louis, said Sharia is a set of interpretations of Islamic scripture and not a specific legal code. Bowen said some countries have applied the interpretations in formal laws and that some Muslim communities have set up Sharia councils to handle marriages and the settling of estates, which have a religious component. He said courts generally have been reluctant when people raise religious issues in legal proceedings.

An attorney for the St. Louis chapter of the Council on American-Islamic Relations said the U.S. Constitution already prohibits religion from being used as a basis for laws.

“It’s a political stunt being done to fan the flames of intolerance, nothing more,” attorney Jim Hacking said.

Missouri Rep. Don Wells proposed a state constitutional amendment that specifically bars judicial consideration of Sharia law and prohibits state courts from examining the legal precepts of other nations or cultures. Wells, R-Cabool, said there is a global push to accept Sharia law that he described as oppressive toward woman and requires violent punishment for minor crimes.

“I think it’s just absolutely a guarantee to my children and grandchildren that in the future they will live under the same laws that I grew up under,” Wells said.

The other Missouri legislation, sponsored by Rep. Paul Curtman, does not directly reference Sharia law. Under that bill, court and arbitration decisions would be void if they are based on a foreign legal code that does not offer the same protections as the Missouri and U.S. constitutions.

“The principle behind it is that our courts should only acknowledge our laws that are representative of our people,” said Curtman, R-Pacific. “That’s just a good principle for a democracy in general.”

However, that prohibition could pose problems if it were enacted.

Dale Whitman, the former dean of the law school at the University of Missouri-Columbia, said that for example, courts would need to consider foreign marital laws if a couple who married elsewhere sought a divorce in Missouri.

——

International law is HJR31 and HB708

Online:

Legislature: http://www.moga.mo.gov

———

Information from: The Kansas City Star, http://www.kcstar.com

More like this story

mrm 2 years, 2 months ago

Is this a bad dream? These guys were elected? What's next, witch trials?

pegassuss2525 2 years, 2 months ago

These two know nothing about Islam. Let's ban Amish, Menonite, Wiccan, Jews, while we are at it...anything different.

JMO 2 years, 2 months ago

Courts have to give full faith and credit to the laws of other states and countries in certain types of cases. For instance, if a couple divorce in France and then the father moves here, is any child support ordered in the French divorce decree enforceable in Missouri? If you enter into a contract in Iraq, can you compel performance here in Missouri? But that's the law of the country, not the religion. Actually, "full faith and credit" isn't really the right phrase, that would apply to judgments from another country. Choice of law rules aren't one of my areas of expertise, but I'm relatively sure that you only have to recognise other countries laws to a certain extent anyway. For instance, a law in Iran that says (not that one does, I don't know this) that a husband gets 100% of the marital property when the parties divorce, wouldn't be recognised here if the wife files for divorce in Missouri. Religous law shouldn't have any any place in the courtrooms as a general rule anyway. There's no need for some kind amendment about it. I guess they see someone saying, "I beat my kid half to death because my religion states it's the appropriate punishment" in a child abuse case. But that's bunk. Religion doesn't hold up as a defense to a crime.

wyriontair 2 years, 1 month ago

There have been instances in the US where some judges have used Sharia as a basis for their decisions. Where you ask? NY and FL for example. The case in NY a woman was asking for a restraining order, she was murdered. I wouldn't necessarily trust anything that CAIR says. I'm glad the legislature has taken it up.

JMO 2 years, 1 month ago

This was discussed to death here: h t t p://w w w.newstribune.com/news/2011/mar/15/our-opinion-sharia-chimera-us-courts/

Just FY!

JCLifer 2 years, 1 month ago

In a few years we will no doubt have hispanic law infused into our legal system.

Just deal with it. The law is controlled by the majority in power. We have judeo-christian concepts in our law now, but as the makeup of our population changes, it is natural to expect that our legal system and laws will be changing too.

JCLifer 2 years, 1 month ago

Amparos, Ejecutorias, and Jurisprudencias are some that could influence USA law.

asb 2 years, 1 month ago

" “It’s a political stunt being done to fan the flames of intolerance, nothing more,” attorney Jim Hacking said." This is the kindest way to describe this idea. Less charitible versions would cast doubt on the sanity of the sponsors, the gullibility of the populace, and above all, the value of fear in the promotion of political gain. It is already illegal to use "Sharia Law" in the US, even though there really is no such thing. The posters who say Sharia has already been "insinuated" are passing off miss information as a blushing virgin when she is actually a worn old hooker being used by these pimps to scare you into thinking they're going to save you from the evil foriegn hordes. Cultural principles have always been available to the courts, including religion, in their deliberations, and Islamic principles that stand the test of American law should not be singled out. This is hateful, self-promoting manure that should be ridiculed on the Assembly floor and defeated by a voice yea or nea, drowned out by laughter and booing.

asb 2 years, 1 month ago

Nonsense! The concern is manufactored, the intolerance inflamed human nature, and islamic extremism is nearly helpless in a democracy. Do take this moment to channel Mr. Beck and tell us how they're sneaking into our cutlure and, with the help of the Islamo-socialist Obama, destroying America . . . all while their ideas are rapidly losing market share in their countries of origin.

asb 2 years, 1 month ago

So the Right was all prepared for 9/11 then? European law is as guarded as ours, and nobody is sneaking anything in on them, or us, with any success. I compare your paranoia to Beck because that particular shoe fits, before you even walk into the store. That's not intolerant, it's humor, and you're constantly the straight man.

wcywing 2 years, 1 month ago

this much ado about nothing.

Please review our Policies and Procedures before registering or commenting

Or login with:

OpenID

News Tribune