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Militant Islam Monitor > Articles > New Study Demonstrates Shari'a Incursion Into American Legal System

New Study Demonstrates Shari'a Incursion Into American Legal System

May 23, 2011

May 23, 2011 - San Francisco, CA - A just released study published by the Center For Security Policy Shariah Law and American State Courts has documented the increasing degree to which Islamic legal principles are impacting state appellate court cases and thereby changing, from the ground up, the foundation of American law.

From the study's executive summary, pg. 10:

"...Our findings suggest that Shariah law has entered into state court decisions, in conflict with the Constitution and state public policy. Some commentators have said there are no more than one or two cases of Shariah law in U.S. state court cases; yet we found 50 significant cases just from the small sample of appellate published cases. Others state with certainty that state court judges will always reject any foreign law, including Shariah law, when it conflicts with the Constitution or state public policy; yet we found 15 Trial Court cases, and 12 Appellate Court cases, where Shariah was found to be applicable in the case at bar. The facts are the facts: some judges are making decisions deferring to Shariah law even when those decisions conflict with Constitutional protections. This is a serious issue and should be a subject of public debate and engagement by policymakers..."

Most of the Western press is either ignoring the trend or attempting to dismiss it as being inconsequential, but the fact remains that the incursion of an alien system of religious law into America's judicial system now has to be considered a clear and present danger to national security because to some degree the process has already been mainstreamed with judges deciding cases on a basis that is clearly not in keeping with Constitutional principles.

Though the study itself presents an alarming picture of the legal process being subverted by activist judges, because it only includes published state appellate level cases, the true extent of the practice is probably even more widespread.

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