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The proper place and role of Shariah law (the moral code and religious law of the Muslim faith) in the American legal system has become a source of debate and contention throughout the country. There are many legal questions that arise when considering the possibility that cases may be decided based on systems of law other than U.S. law. Of particular note is the degree to which the application of Shariah law complicates divorce proceedings involving couples in Michigan and other states who wish to separate in a way that is both legal and true to their religious beliefs.
Currently, the legislatures of six states have passed laws that prohibit judges from considering foreign law when adjudicating cases. Approximately 20 additional states have attempted to pass this type of ban or have similar legislation pending. There is much debate as to the constitutionality of this type of prohibition.
On one side, many argue that the U.S. Constitution, federal laws and state laws take precedence over any and all foreign laws. They point to the complications that arise when judges begin deciding legal cases involving U.S. citizens and/or legal residents based on foreign law. However, many in the Muslim community argue that banning judges from considering Shariah law in cases where it would be pertinent violates the rights to equal protection, freedom of religion and freedom of contract of couples who were married according to Shariah law. Further, they claim that not considering Shariah law in these cases unnecessarily complicates the proceedings.
Certainly, as this issue receives more attention in the public forum and political arena, Michigan and other states may continue to consider legislation to settle the debate and standardize the treatment of Shariah law in the American judicial system.
It is important to know the facts before engaging in any legal activity. Anyone, including those of the Muslim faith, considering divorce should consider seeking the guidance and assistance of an experienced professional in order to protect their interests and ensure the process is handled properly.
Source: The Washington Post, “Shariah or not, Muslim divorces can get tricky,” Omar Sacirbey, Oct. 1, 2012