It now seems that in at least a few locations in the United States—not Great Britain—we are seeing “voluntary” Sharia law courts.  As one journalist put it, this is how the formal Sharia law courts began in England.  First it was simply voluntary.  One could opt to have one’s case heard by a group of Islamic jurists, and, as they themselves stated, the decision was non-binding.  But one was asked whether if a conflict arose between American law and Sharia law, which he would apply.  His answer, not surprisingly, was Sharia.

Folks, something is not right here, and on several fronts.  First, our legal system is not Sharia, under any circumstances, binding or non-binding.  The rules by which cases and hearings and even arbitration are governed are circumscribed by American common, statutory and Constitutional law.  Yes, one could hold a meeting and act as if it were a legal hearing, using another legal system as its basis.  But on any appeal or any attempt to enforce any decision, American law holds.  At least it has.  Will some judge on an appeal rule that the decision reached under Sharia law was in fact valid?

Second, the very content of Sharia law does not match that of American law, unless of course one agrees that thieves should have their hands cut off, or wives can be treated as virtual possessions, or that only men really have rights, and on and on.  If we believe our legal system has achieved some measure of civilization, and it is after all rooted in the Judeo-Christian tradition, then its content would seem to rate very high on the scale of good to bad legal systems.  By the way for those who doubt the foundations of Western law in the Judeo-Christian tradition, see Harold J. Berman, Law and Revolution: The Formation of the Western Legal Tradition.  The Western legal system, including both common and statute law, has helped produce and maintain a just society for many centuries, just as measured by the standard of that very same Judeo-Christian tradition.  If we want to return to a less civilized world, then by all means we should adopt Sharia.

A cautionary word:  It is true that at times in history, the interpretations of Western law have deviated from just procedures and content.  That was not due to the systems themselves, except in a few cases where they incorporated too much of other legal systems, but was due to human sin.

Civilization as opposed to mere culture, demands certain non-negotiables.  One of those is a legal system that is stable, common and just.  Despite its recent problems, our American system is still by far the best in the world, both in terms of its just procedures and its content.  It would be in this case dangerous to allow the encroachment on Sharia law into any aspect of that system.  As citizens we should therefore be vigilant.  We do have a part in choosing judges and in selecting those who make laws.  We should avail ourselves of that privilege, given graciously to so few by God.