State bill introduced to ban Shari’a-Islamic, other forms of foreign law

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A state lawmaker’s proposed bill that would ban the use of foreign laws in the Michigan court system is an example of Islamophobia, said one Central Michigan University professor.

Shari’a, a set of religious guidelines for Muslims that include aspects of their personal life, family relationships and religious practices, would be prohibited from being recognized in courts according to a bill proposed by State Rep. Dave Agema, R-Grandville.

Courts consult Shari’a law just as they have often consulted Jewish law, called Halakha, said Hugh Talat Halman, assistant professor of philosophy and religion.

The bill does not say anything specifically about Shari’a-Islamic law, but it would be prohibited in Michigan courts if the law were passed, along with Jewish law and any other form foreign law.

“The bill is against foreign law that goes against constitutional, federal and state laws,” Agema said. “It’s very simple and it does not go against one particular group or another.”

Halman said this happens in cases where Shari’a is an essential context for a contract or institution. Aspects of marriages, inheritance, and business contracts, which the parties drew up within Shari’a law, is an essential aspect of such matters, he said.

“But the recent grandstanding against Shari’a represents … a measure of Islamophobia and Xenophobia,” Halman said. “Some politicians evoke people’s fear of the different and often win elections by instilling fear of the loss of cultural identity and integrity.”

Agema said the job of the legislature is to clarify public policy, and this bill will make things perfectly clear.

Maxine Berman, Griffin Endowed Chair in American Government, said Agema’s proposal is a solution to a problem that does not exist.

“For Agema to say that if someone is against this bill then they are somehow un-American is just unacceptable,” Berman said. “Do I think this policy is racist? Yes. This bill gives implications that certain communities in Michigan are controlled by Shari’a, but no one has proved it.”

The bill was introduced in June and has been referred to the judiciary committee. Berman said she does not expect it to go far.

The other two states that have laws such as this are Tennessee and Oklahoma. The implementation of the law has been blocked in Oklahoma, while a judge determines whether it’s a violation against the U.S. Constitution’s right to religious freedom.

The law has also been amended in Tennessee.

Agema said there are 50 cases within the U.S. that could use Shari’a, and despite criticism by some, Agema said he has been recently endorsed by the American Islamic Leadership Council.