If you want an example of this “encroaching Sharia law” we’ve all been hearing so much about lately, I am pleased to present it to you: At Valley Park Middle School in Toronto, where the majority of the student body is Muslim, an imam comes in every Friday to lead prayers in the cafeteria. . . . OK, so it’s not encroaching Sharia law. But it’s probably as bad as anything supporters of a now-passed bill to ban the use of non-American law in the Kansas court system can come up with – if that was their argument, and, in practice, it’s not.
The true purpose of the bill, says State Rep. Peggy Mast (R-KS76), is to clarify to foreigners that only the law on American books will be used in judicial and agency decision-making. She pointed to 50 cases of courts or government agencies using foreign law, including Sharia, to come to a conclusion, often when the issue at hand concerned family law and/or women. Opponents of the bill insist that its sole purpose is “to hold Islam out for ridicule.”
The bill itself does not mention Sharia, nor do similar bills in other states. I suspect that it has come up because it is the most recognizable set of foreign laws to which Americans would object, and it’s pretty easy to get some political mileage out of that, especially in Kansas. If that’s all the “Sharia thing” is about, you can call the bill’s sponsors discriminatory or needlessly focused on Islam, but not the legislation itself.
As for the substance of the law: If it’s true that courts and/or agencies factor non-American law into their decisions, I would love to see them held accountable for it. Certainly some countries’ laws could have valuable lessons. But it is ultimately the makers of the law who determine that, meaning the legislative branch, not the interpreters or the enforcers. Although I am skeptical of the idea that there are enough examples of this to merit a new law.
If Mast and her supporters are worried about immigrants or foreign tourists thinking in terms of their own country’s law while they’re in the U.S., she might pursue changes to the citizenship process. Here in Canada, our own Immigration Minister Jason Kenney made changes to the citizenship guide that makes it clear that certain cultural practices, like genital mutilation and honor killing, are unacceptable on Canadian soil. It probably won’t completely stop those from happening, but it’s a good statement.
Of course, anyone who starts making a list of “barbaric” foreign practices to outlaw will probably exhibit an inordinate focus on Islam. But that’s what happens when they come from a theocracy and you don’t.