(RNS) — North Carolina became the seventh state to prohibit its judges from considering Islamic law after Gov. Pat McCrory allowed the bill to become law without formally signing it.
McCory, a Republican, called the law “unnecessary,” but declined to veto it. The bill became law on Aug. 25.
The state joins Arizona, Kansas, Louisiana, South Dakota, and Tennessee and Oklahoma, though the latter’s law was struck down Aug. 15 by a federal judge.
North Carolina Gov. Pat McCrory declined to veto a measure prohibiting judges in the state from considering Islamic law in rendering judgment. (RNS photo courtesy office of Gov. Pat McCrory) |
Supporters hailed the bill as an important safeguard that protects the American legal system from foreign laws that are incompatible with the U.S. Constitution, while critics argued that the bill’s only purpose is to whip-up anti Muslim hatred because the Constitution already overrides foreign laws.
“The intent behind this law is bigoted and it is intended to alienate the Muslim community,” said Jibril Hough, a spokesman for the Islamic Center of Charlotte.
The North Carolina ban is limited to family law; bans in other states are broader, applying to commercial law, contract law and other types of laws.
Lawyers specializing in Islamic law said such legislation could make it harder for Muslim women married in Islamic countries under Shariah law to obtain alimony and child support payments because husbands will be able to argue they were never married. Judges will be prohibited from recognizing those Shariah marriage contracts.
“These bogus attempts to defile Islam have a negative effect on Muslim youth who feel marginalized and discriminated against,” said Khalilah Sabra, executive director of the Immigrant Justice Clinic at the Muslim American Foundation in Raleigh, N.C.
Elsewhere
In Missouri, Democratic Gov. Jay Nixon vetoed a similar anti-Shariah bill in June. Lawmakers there have until September to mount an override effort.
Oklahoma’s law was a constitutional amendment approved by about 70 percent of Oklahoma voters in 2010 and prohibited judges in the state from considering Shariah law.
The American Civil Liberties Union and the Council on American-Islamic Relations sued to block the amendment, arguing it violated separation of church and state and discriminated against Muslims.
A U.S. District Court judge agreed and issued a temporary injunction against the amendment. That decision was upheld in 2011 by a federal appeals court that returned the case to the judge, who made the final ruling Aug. 15.
The amendment struck down specifically mentioned Shariah, and is different from anti-Shariah laws adopted over the last few years by other state legislatures. Those measures do not mention Shariah, but “foreign law,” but their backers have stated Shariah was their target. Those laws have not been challenged in court, although Muslim civil rights activists say they may still try.
Omar Sacirbey is a Boston-based correspondent for Religion News Service and other publications.