a new study released by the Center for Security Policy, a non-partisan national security organization, finds that sharia law was in fact utilized in numerous states, including one relevant case in South Carolina.
Research was limited to published trial and appellate court documents on the Google Scholar website, so there are undoubtedly many more cases involving sharia than those detailed in the study.
After releasing the study results, CSP said in a statement, “The study evaluates 50 appellate court cases from 23 states that involve conflicts between Shariah (Islamic law) and American state law. The analysis finds that Shariah has been applied or formally recognized in state court decisions, in conflict with the Constitution and state public policy.”
In one case, a New Jersey judge refused to grant a restraining order after an Islamic man sexually and physically abused his wife, stating that this was permissible under Islam. The judge determined that his religious belief negated any criminal behavior.
A judge from Michigan enforced an Islamic summary divorce obtained by the husband, known as talaq, which violates the woman’s right to equal protection. The wife had no prior knowledge of the divorce, was not allowed a hearing, and did not have an attorney. Sharia law states that the wife is only entitled to property that was in her name, contrary to Michigan policy.