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  • The Real Impact of Sharia Law in America

    Justice for John Yoo and Jay Bybee

    Does Sharia law allow a husband to rape his wife, even in America? A New Jersey trial judge thought so. In a recently overturned case, a “trial judge found as a fact that defendant committed conduct that constituted a sexual assault” but did not hold the defendant liable because the defendant believed he was exercising his rights over the victim. Fortunately, a New Jersey appellate court reversed the trial judge. But make no mistake about it: this is no isolated incident. We will see more cases here in the United States where others attempt to impose Sharia law, under the guise of First Amendment protections, as a defense against crimes and other civil violations.

    In S.D. v. M.J.R., the plaintiff, a Moroccan Muslim woman, lived with her Moroccan Muslim husband in New Jersey. She was repeatedly beaten and raped by her husband over the course of several weeks. While the plaintiff was being treated for her injuries at a hospital, a police detective interviewed her and took photographs of her injuries. Those photographs depicted injuries to plaintiff’s breasts, thighs and arm, bruised lips, eyes and right check. Further investigation established there were blood stains on the pillow and sheets of plaintiff’s bed.

    The wife sought a permanent restraining order, and a New Jersey trial judge held a hearing in order to decide whether to issue the order. Evidence at trial established, among other things, that the husband told his wife, “You must do whatever I tell you to do. I want to hurt your flesh” and “this is according to our religion. You are my wife, I c[an] do anything to you.” The police detective testified about her findings, and some of the photographs were entered into evidence.

    The defendant’s Imam testified that a wife must comply with her husband’s sexual demands and he refused to answer whether, under Islamic law, a husband must stop his sexual advances on his wife if she says “no.”

    The trial judge found that most of the criminal acts were indeed proved, but nonetheless denied the permanent retraining order. This judge held that the defendant could not be held responsible for the violent sexual assaults of his wife because he did not have the specific intent to sexually assault his wife, and because his actions were “consistent with his [religious] practices.” In other words, the judge refused to issue the permanent restraining order because under Sharia law, this Muslim husband had a “right” to rape his wife.

    Besides the fact that the ruling is wrong as a legal matter, and offensive beyond words, it goes to the heart of the controversy about the insidious spread of Sharia law—the goal of radical Islamic extremists. Fortunately, the New Jersey appellate court refused to tolerate the trial judge’s “mistaken” and unsustainable decision. The appellate court chastised the trial judge’s ruling, holding among other things that he held an “unnecessarily dismissive view of defendant’s acts of domestic violence,” and that his views of the facts in the case “may have been colored by his perception that…they were culturally acceptable and thus not actionable – -a view we soundly reject.” Although appellate courts typically defer to findings of fact by trial judges, under the circumstances, this appellate court correctly refused to do so, and reversed the trial court and ordered the permanent restraining order to issue.

    The truth is that imposition of Sharia law in the United States, especially when mixed with a perverted sense of political correctness, poses a danger to civil society. Just last year, a Muslim man in Buffalo, New York beheaded his wife in what appeared to be an honor killing, again using his faith to justify his actions. It is doubtful that the domestic violence and rape in this recently overturned case will be the last Americans see of Sharia being impermissibly used to justify brutal acts on our soil. As former Assistant Secretary of Defense Frank Gaffney wrote recently:

    Sharia is no less toxic when it comes to the sorts of democratic government and civil liberties guaranteed by the U.S. Constitution. According to this legal code of Saudi Arabia and Iran, only Allah can make laws, and only a theocrat can properly administer them, ultimately on a global basis.

    The trial opinion in this case shows that, indeed, the global reach of Sharia law is expanding. The trial court allowed the testimony of an Imam to be entered so that his account of Sharia’s standards could supercede the standards set by the New Jersey legislature. This is not just about cultural defenses, which by themselves are not proper under United States law, but about giving up control of the law to a religious code citizens of this country have no control over, a theocratic code world famous for its antidemocratic, sexist nature and its human rights abuses.

    So-called “cultural defenses” have existed in other contexts for a long while and, for the most part, such defenses have been rejected. As a domestic violence prosecutor in San Diego, I ran across a case where the accused was charged with assault for punching his girlfriend, and the defense wanted to introduce an expert in Latin cultures. The expert was to testify that in Latin culture, it is acceptable for a man to strike “his woman” as punishment as long as it doesn’t cause serious lasting injury. This was rejected outright by the court, as it should have been. These attempts are not uncommon, but the cultural relativism they espouse is different than the more dangerous trend here.

    In S.D. v. M.J.R., the husband’s defense for sexually assaulting his wife was not just another attempt to erode the protection of our own social mores. The specific threat that comes from attempting to establish Sharia law in the United States is that justification for doing so has been couched in the protections of the First Amendment. As noted by the appeals court in its decision overturning what amounted to the replacement of New Jersey’s rape law with Sharia, “the judge determined to except [the] defendant from the operation of the State’s statutes as the result of his religious beliefs.” Doing so was contrary to several Supreme Court decisions, which hold that an individual’s responsibility to obey generally applicable law—particularly those that regulate socially harmful conduct—cannot be made contingent up on his or her religious beliefs.

    The U.S. Constitution cannot and should not be used to subvert legislatures and allow brutes such as the husband in this case to harm others simply because their actions are legal under Sharia law. It was impermissible for the trial court to act as it did in this case, and the appellate judges very correctly overturned the ruling below. This is not the last we will hear of such attempts, however, as Sharia-loving extremists are determined to establish an Islamic Caliphate around the world, especially in America. As Andy McCarthy has written, “Our enemies are those who want Sharia to supplant American law and Western culture.” We cannot allow that to happen.

    Posted in Legal [slideshow_deploy]

    72 Responses to The Real Impact of Sharia Law in America

    1. Carol Buchanan, Mont says:

      Excellent post. Cultural relativism must not be allowed to erode protection our laws give to women and children. We are guaranteed the right to worship our God as we please, but I fail to see how child abuse or rape or any form of sexual abuse or cruelty could ever be included in any definition of "worship." Certainly the Triune Christian God would be deeply offended.

    2. Jim Tennent, Warner says:

      So why is CODE PINK not all over this judge!!

    3. Betty Wisbey, Rosebu says:

      Our Constitution is the 'Supreme Law of the Land' in America. It protects us from individual groups/sects/cults etc. that would violate God given rights to Life, Liberty and the Persuit of Happiness.

      What would America be like if every un-civilized, (and Sharia law is 'un-civilized, even barbaric) counter-cultural group were able to practice their own laws that are in direct contridiction of our Constitutional Rights?

      If any judge condones any part of Sharia law; under the same precedent, wouldn't all of Sharia law have to be allowed?

      Mormon's original practice of multiple wives is not allowed in America, but rape, beating, beheading, stoning could be allowed? Death to the infidels?

      I feel that any judge, or any law-maker in the US that rules in favor of any part of Sharia law should be automatically and immediately removed from office.

    4. Abdul Rehman, Pakist says:

      hello

      I agree with the appellate courts, decision. well i know it doesn't matter even if i disagree, as court decision is supreme. but about many of the comments of the author. I recommend, if he got the time, do read the shariah law, before commenting, as I being a muslim for about more than 20 generations, does not know any type of law that allow such domestic violence.

      The problem with west, nowadays is, people don't want to hear the real truth. YES we agree that only Allah can make the law, but for implementation he gave us permission to see the current situation. The Culture of Arabia 1400 years ago is alot different than the culture of current Arabia.

      I don't want to write a full length article here, so again I ask, do read the Shariah Law, and I think it is the most intelligent thing to ask, from a prosecutor who knows the law about how to comment on facts and fictions.

      Take care

    5. MJF, CT says:

      I'm sorry but this is the UNITED STATES of AMERICA and the Constitution is our law. We do not follow nor will we allow Sharia Law in this Country. As the Liberals say to the Christians "separation of Church & State"! And if a judge is caught ruling by any law other than US Law, he or she should be stripped of their robes and that includes the Liberals on the Supreme Court in Washington D.C., too.

    6. West Texan says:

      We're a representative republic, NOT a theocracy. You violate our laws, we're going to hold you accountable. Claiming Sharia law is no excuse. Only a far left activist could make such an arrogantly stupid call. Unfortunately such behavior has not only been demonstrated by judges, but by legislators and a certain president as well.

    7. Billie says:

      Get this pathetic piece of MAN-MADE LAW regarding man's weakness, PETTY INTOLERANCES out of AMERICA! HOW DARE IT BE FOLLOWED! HOW DARE AMERICA CONSIDER IT! people have the freedom to live their cultures without AMERICAN GOVERNMENT! Ladies sue your husbands in civil court…divorce him first! KEEP FOREIGN CULTURAL INDECENCIES OUT OF THE LAWS OF AMERICA!

    8. Billie says:

      Pathetic piece of man-made law also supports lack of self control. What's worse then pathetic? Whatever it is, is what Sharia law is.

    9. Sambhunath Tiadi, Bh says:

      There should be only one common law for all the people of the world. There should not be any religious feelings or religious laws. All the religious laws except moral and spiritual should be banned. Rules,laws and acts are nothing. We have made it by applying our common mind and common sense. Sharia Law is also one of them framed by the earlier people for their own interest. In the instant case, in my opinion, if a husband try to rape her wife forcible, create violence, it will be better for them to be separated. If a wife/husband feel dissatisfied, and involved themselves in cruel activities,separation should be the latest solution for the sake of peace. Ladies/women are equal to men. Hence, they should not be neglected. It does not mean that a women knowingly black mail his husband. We should proceed on the basis of truth.

      Advocate/Lawyer

      President cum Managing Trustee

      Lord Jesus & Mother Mary Foundation

      Bhubaneswar(Orissa)India

      91- 9777816178

    10. Heath Clarke, CA says:

      A well written piece that outlines the danger that we face if acceptance of Sharia law starts to creep into our body of legal precedent. Keep up the awesome work Cully!

    11. Wildcat from Dallast says:

      This judge is the poster child for “Judicial Activism”. The judge was not put in office there to accept the excuses of cultural relativism to substantiate a defendant’s actions for the alleged crime that he appeared in his court for in the first place.

      I would counsel the victim to do three things to remedy her horrendous situation. First would actually include about three steps involving obtaining a conceal carry weapon license, get good training in how to use the weapon she becomes comfortable with and legally buy that weapon, ammunition, speed loaders or clips (and practice routinely) as she moves to an undisclosed location where she can have a higher probability of success defending herself at home (The Castle Doctrine) and in the local community. Then I would ask the ACLJ for assistance as Jay Sekulow (and the ACLJ) actively fight to support and defend the Constitution including taking on “dumb ass” rulings. Lastly I would seek assistance through the ACLJ, and others, including the media (like Fox News) to get this situation highlighted nationally in order to fully remedy your case and, perhaps, initiating a push for impeach of that judge first, then others who render similar rulings.

      I agree with “West Texan” that we are a representative republic & not a “Theocracy” as well as the rest of his statement as well. We have adequate laws and an established method to enforce them based upon our Constitution. Such as the case, Sharia Law is in direct contravention of our Constitution which renders it (and all the barbaric acts associated with it) useless in our courts. In fact, the practice of Islam is in contravention with our Declaration of Independence, The Constitution of the United States of America and the laws that have existed here since our noteworthy Declaration. Specifically speaking, killing people simply because they are not of your religion and refuse to convert goes against several of our laws, don’t you think?

    12. ERM says:

      Thank you Mr. Stimson for this article. Americans and those living in our society should be frequently reminded of the detrimental effects "Sharia law" has on a civil society.

      Please continue to write about this subject and alerting Americans to this horrible aspect of Muslim culture.

    13. Justin says:

      I find this article quite confusing. If the intent of the author is merely to reaffirm the uncontroversial notion that America should be governed by its own laws, not by those of other religions or cultures, the piece seems barely worth publishing. I wouldn't want to see a radical jew using the prohibition against working on the sabbath as a justification for murder, for example.

      It appears, however, that the author is attempting to insinuate – without a shred of evidence – that the United States is in some danger of adopting Sharia due to some misguided notion of "political correctness." However, the examples he cites directly contradict this claim. In S.D. v. M.J.R., the appellate court rightly overruled a trial court decision the flew in the face of all established precedent on the subject. In the case of Muzzammil Hassan (the man charged with beheading his wife), the defendant does not appear to be offering a "cultural" defense at all.

      There will always be instances in which individuals whose religious or cultural beliefs cause them to acts which are crimes in the United States. In general, these people are caught and punished – as they should be. Treating criminals as though they were standing up for some higher ideal gives them too much credit, and disrespects the millions of individuals from diverse religions and cultures who see no conflict between their beliefs and American law.

      Certainly any such claims should be supported by stronger evidence than the acts of an admitted murderer and a rightfully overturned trial court decision.

      • Allan says:

        The author doesn't insinuate anything. We know that activist progressive judges think the Constitution needs fixing and are trying to "diversify" it. Maybe you don't care. Lot's of us do. We want to prevent the incremental undermining of our way of life, and we appreciate the publicizing of these events. Hopefully it will be a factor when this trial judge seeks re-election!

    14. Kay says:

      I have just witnessed the most appalling email I ever seen, where a 14 year old girl is stoned to death (Shari Law) because she would not marry a 56 year old man. I can anyone say that we should every consider this law what be suicide. In this email you actually see men throwing a brick on this girls head – how can anybody do this to another human being is just unbelievable. For people to say like (Abdul) to read the law and truth – well I must say Abdul – this is the frightening truth! If you come to our country – abide by our laws – IT IS SIMPLE – LOVE IT OR LEAVE IT.

    15. jmwa PAWLAK (Wiscons says:

      You should look into the enforcement of Sharia Law VS. others' free speech in Dearborn MI during an Arab festival there.

    16. Pingback: » Daily Dose – September 5, 2010

    17. ROBERT says:

      Judges have made a mockery of the U.S. Constitution. They have substituted for its plain words judicial theories that have essentially destroyed is chief purpose which is to prevent the ascendance of totalitarian government.

      Case in point: judges since the passing of the Civil Rights Act have used the Act and the Constitution to create the doctrine of Affirmative Action, Critical Mass, Fair inclusion, making the work place look like America, Diversity — call it what you will, but quintessentially "racial quotas."

      Judges justify racial quotas on the theory that constitutional preference must be given to some races, blacks for example, because past discrimination has injured the rights of blacks living and dead. That discrimination has caused such injuries cannot be doubted.

      However, the preference given to certain races mandates that people be treated unequally under the law. Property is taken from some, because of their race, in this case white people, and given to others to compensate for past discrimination. The black person is enriched; the white person is impoverished. A citizen's right to equality under the law is a "property", something he owns, just as is his right to compete equally for a property for example, attendance at law school or medical school.

      What happens to those individuals who because they are not a member of a favored group are deprived of a professional and more lucrative future so that others less qualified may have their chair at law school or medical school. That this issue is never discussed demonstrates the corruption of the mind of those who push racial quotas and also their corruption of the American Constitution. The Constitution guarntees equality of opportunity and person. Those who have wrung racial preference out of a Constitution have made a mockery of it and themselves.Judges are politicians and ideologues. They are no longer entitled to the dignity of black robes and the presumption if impartiality. They have betrayed their country. They have savaged the plain words of its Constitution.

      Judge Sandra Day O'Connor opined that Affirmative Action should no longer be necessary in 25 years. How absurdly quaint is her idea. Racial quotas established in India, writes Thomas Sowell, are still alive and well today and even more grotesquely corrupt.

      The Financial Reform Bill provides for the creation of massive bureaucracies that will impose "fair inclusion" a new word for racial quotas in every way conceivable. Sodoes the Health Care Bill. There are large corporations, for example, that will simply not retain the services of defense firms who do hire staff by quota.

      While I deeply respect the Constitution, I do not believe it is any longer the operative principle in this country. And that is why time's are a changing.

      The Constitution was framed something like a cage. The idea was to place the wolf (Central Government) in a cage and throw away the key. Unfortunately, our leaders Democrat and Republican have released the wolf; and it has now become dangerously feral. What then must be done? It has outgrown its cage, and is perhaps too powerful for us to ever again contain it.

      • Angelina says:

        I am a black person Robert and I have yet to see this particular example" The black person is enriched; the white person is impoverished." I have worked for over twenty years now. I have been on welfare once. I have lived in very nice upper middle class neighborhoods and I have lived in the projects. But regardless of either of those two places…I NEVER seen a black person being enriched and a white person being impoverished! Slavery was and still is…yes I said still is…a terrible thing. However, I do not seek a white person to bail me out over something that was way before my time. I do however, find it beyond annoying and disturbing when I am disrespected by a white person as I am one of my ancestors that was hung from a tree, raped or beaten in a cotton field or shot in the back during the civil rights movement!

    18. Scott, Michigan says:

      This is UNREAL!!! These Muslim Extremest, and their "UNGODLY, BARBARIC, CAVEMAN STYLE LAWS", Trying to establish this GARBAGE in the US of A???!!! The Most Disturbing Thing of this whole Report, is the Fact That A "U.S. TRIAL JUDGE WENT ALONG WITH IT", Thats a Scary Thought, I'd like to know who this Judge is and what his Backround is and "HOW IN THE HECK IS HE STILL SITTING ON THE BENCH"??? The Higher Court that Overturned this "BREACH OF THE US CONSTITUTION", Should have done A lot more than just Reprimand Him, They should have taken action with the Proper Authority and the Idiot "THROWN OUT OF HIS JOB", I don't feel that The Trial Judge that Allowed this should ever be allowed to Judge another Case in the US Ever Again, PERIOD!

    19. Pingback: The Absurd Report » The Real Impact of Sharia Law in America

    20. ogie,Lewes,DE says:

      Is this cretin still allowed to sit on the bench?!!!!!!

      What has happened to this country!!!!

    21. Linda Rogells says:

      I have read the Sharia laws in order to judge fairly. They are BARBARIC AND SADISTIC. THE MOST HORRENDOUS ACTS OF VIOLENCE AND TORTURE.

      i CAN SAFELY SAY THEY ARE CLOSE IN NATURE TO ROMAN COLISEUM DAYS. SPECTATORS INCLUDED. "PUBLIC FLOGGING AND STONING'S FOR THE MUSLIMS VIEWING PLEASURE.

      AS FOR THE JUDGE: IS HE A SPECTATOR OR ??????. CLEARLY NOT A DEFENDER OF HUMAN DIGNITY. "MAN'S INHUMANITY TO MAN" …

      GUILTY!.

      ".IF MY PEOPLE WILL HUMBLE THEMSELVES AND FALL TO THEIR KNEES AND PRAY…..I WILL HEAL THEIR LAND."

    22. Bobbie says:

      I don't understand your confusion, Justin?

    23. Bobbie says:

      the problem with the west nowadays, is allowing immigrants and their intolerances of freedoms infiltrate and challenge America's laws. The problem with Muslims is they impose their beliefs everywhere they are and have their beliefs accommodated anywhere they are. Why does the American government allow this imposition of this ONE RELIGION? Business, sports, schools. Because they are so peaceful? Of course not. Because they are so intolerant, violent and unacceptable of anyone elses lifestyle or beliefs. The Muslims admit to "hate" the west yet they're here causing trouble everywhere they go with the president backing them. Muslims show themselves to be desperate for attention while their goal is conversion. Soiled infants who have to threaten human life if they don't get their way. It's the infiltration process.

      I believe the Muslim religion is peaceful. But that is within their own specific beliefs and only applies to those that follow their man-made laws in conformity. The rest of all people are infidels…

    24. Kathy Estes says:

      Thanks so much for enlightening us Americans. We are like foolish adolescents and need to know the truth. Thanks.

    25. 0000 says:

      No man is a real man that has to abuse any women (even a wife) or a child…He is nothing but a weakling, a sissy who has to pick on things weaker than him!

    26. Pingback: The Patriot's Flag » Shari’a Social Regulation

    27. John, USA says:

      Abdul Rehman, Pakistan – We don't need to read your bible to know anything about islam. Many Americans know all we need to about your people since 9/11. There is no such thing as a "moderate muslim." Americans are some of the more tolerant people in the world. But we cant tolerate a society of people whose only interest is to see the death and extinction of Christians. If muslims said they were going to burn 200 bibles, Christians would have said – go ahead do what you want to do it doesn't affect us. But when Christians wanted to burn your book of sin all of a sudden your "moderate muslims" around the world went on one of their uncivilized death rants screaming death to America. Your people are not welcome here.

    28. dp, USA says:

      A few years ago (~30) there was a case where a man raped his wife and he was let off because he was a Christian. It became a landmark case on appeal. The court said that there was a separation of church and state that this was a nation of man made laws. In both of these cases the judges erred. I'm worried about anyone who start talking about imposing Gods law, that would be you tea party patriots and many writers on this blog. You seem to have no problem imposing the 10 Commandments, but did you know that they are in the Koran? Women having their heads covered and modest dress is also in the Bible. It is just that we are for the most part are cafeteria Christians. No in this case the judge is bad.

    29. jennifer pfeifer, fl says:

      we must reverse hate and anger with love and truth, every eye shall see in the end. its the most powerful tool we have; love and truth. truth will set you free.

    30. Trent Palmer says:

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      http://www.stuarthanlonlaw.com/

    31. Billie says:

      Violators of the law get the best representation possible? So this is where exceptions to the law are made, eh?

    32. Michael Yeoman, Utah says:

      "Our Country won't go on forever, if we stay soft as we are now. There won't be any AMERICA because some foreign soldiery will invade us and take our women and breed a hardier race!" -LT. GEN. LEWIS "CHESTY" PULLER, USMC

      Make no mistake Ladies and Gentlemen, this is an invasion. The enemy has found it impossible to win via military strength against the United States. They have found a way to attack us internally, and if we bend to this attack we will fall as a nation.

    33. Michael Yeoman, Utah says:

      "I, (name), do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."

      This is the Oath that Federal Judges and members of Congress take upon taking office. So why are we still having problems? They have sworn to "support and defend the Constitution" "against ALL enemies, foreign and DOMESTIC," and to have "Faith and Allegiance to the same."

      Judges who votes in favor of Sharia Law should be removed from office on the grounds of breaking their Oath of Office.

    34. Philip Konstantine, says:

      This is the gateway to marshal law. This is Kissinger politics all over again. Using the disturbed media sensationalist as a tool into turning us into a paranoid nation that will no longer trust anything nor anyone. This is when we consider taking matters into our own hands. The frenzy has just started and, when it's about to peak, the military will step in. Watch and learn and maybe this time you will hopefully believe it.

      What do I think we should do? Depends on what you're fighting for. If you're fighting for your land and country, which could possibly mean you will be fighting your own government, I'd say I'm with you.

      If you're fighting for an ideal, personal wealth, and the likes, I would say you're on your own and good luck. This is the time we abandon personal wealth and we go down in history as did our forefathers. This is the time many of us have been waiting for…to make a difference. Without a pat on the back, or a pay check, it's time to stop claiming we are Americans and start proving it. Not by going overseas and beating our chests…but by staying home and taking care of our Country.

      Until we stand together and actually feel that America is our country, nations will skillfully peck away at us until they have it all. By this time it will be too late.

      Just my $.02

    35. Pingback: Is Sharia Law what we have to look forward to?: Illinois Conservative Examiner

    36. Kazim Ergin Turkey says:

      We have heard here in Turkey that the United States is planning to establish Caliphate on the person of our prime minister Recep Tayyip Erdo?an. What do you think of that?

    37. Syed Suhail Khalid,M says:

      The Sharia law never permits a man to rape his wife or to kill her.People who do these crimes and the people who use such instances to spread their propaganda against Sharia are doing a great disservice of maligning Islam.The man who raped his wife and the man who killed his wife using Sharia as an excuse are both perverts and criminals.And the people who derive their bias from such instances and help spread the propaganda against Islam and Sharia are just blinding themselves against the truth.

    38. pat valdez asheville says:

      this is the reason the separation of church and state are in the United States Constitution. The church will not put on trial, punish ,tax or exercise any other authority reserved to the state over any citizen of the United States. That friends is the true intent of the founders.

    39. Brenda Hackney says:

      This is ridiculious !!! This is America, not Iraq, Iran, or any other Muslim Country !!!! Who do these people think they are to come to America and demand THEIR LAWS be inforced ??? NO,NO,NO, if they wish to follow their own laws, then they must return to their own countries !! We, hear in America are not obligated to allow this, under OUR Constitution, it is not allowed to treat any person in this manner ! You want to live in America, fine, Follow OUR LAWS, SPEAK OUR LANGUAGE AND RESPECT OUR COUNTRY, OR GET OUT !!!!!!

    40. Brenda Hackney says:

      This is ridiculious! This is America, not Iraq, Iran, or any other Muslim Country!! Where is our judical judges common sense ?? Who do these people think they are to come to America and demand Their Laws be inforced ? No,no,no, if they wish to follow their own laws, then they must return to their own countries !! We, hear in America are not obligated to allow this, under Our Constitution, it is not allowed to treat any person in this manner ! You want to live in America, fine, Follow Our Laws, Speak Our Language And Respect Our Country, Or go back to where you came from, leave, skidaddle, Get Out !!

    41. randomactress, Hawai says:

      Rew. He found that Sharia belief on the part of the husband proved as a matter of fact under New Jersey law that the Husband lacked the speciic intent required, because it was OK under his religious beliefs. Religious beliefs do not replace intent. The husband intended to hurt her. That's OK under Sharia law. Not OK under New Jersey law. The judge didn't apply the wrong law, he either didn't know what intent is for legal purposes, or he didn't know how to find a fact from the evidence presented. If this is an elected judge with no legal training I understand how this could come to pass. To my mind this is more than getting him reversed on appeal, it is judicial misconduct.

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    44. will brewer easley s says:

      I cannot believe the USA is even considering the sharia law to come into our country. This is the United States of America and our government should not

      recognize this in our courts period. I went into service in 1969 and I did not

      go into service to defend no sharia law, only the constitution of the UNITED

      STATES OF AMERICA.

      IF THE PERSON DOING THE CRIME WANTS TO ABIDE BY OUR LAWS THEN

      HE SHOULD BE TRIED WITH OUR LAWS. NOT ANOTHER COUNTRY. IN THIS

      CASE THE MAN SHOULD BE PUT IN CUFFS AND ON A MILITARY PLANE TO

      HIS COUNTRY TO ABIDE BY THEIR LAWS. IT SOUNDS LIKE AT THIS

      MOMENT HE IS IN N.J. WHICH IS IN AMERICA AND SHOULD HAVE THE

      BOOK THROWN AT HIM FOR HIS CRIME TO THIS WOMAN, UNDER THE

      USA LAW OF AMERICA. PERIOD. NO IF, ANDS, OR BUTS………………………………..

    45. Pingback: National Institute of Prevarication » Shariah Law Sets Its Sights on US, FBI Welcomes Terrorists

    46. Mark and Merejen Bor says:

      I have to ask, is the judge still making these stupid decisions? Why was he not disbarred? Why is he not in jail, for his violation of moral principals.

      "The first thing we do, let's kill all the lawyers." This line from Shakespeare's "Henry the Sixth" might be taken literally if further actions such as this take place.

      There is no place for Sharia Law, muslims, islam, cult religions in the US. That is now obvious, so what will it take? Civil War?

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    48. Pingback: Chilling Report: The Legal, Political and Military Path of Shariah in the United States Today

    49. Deborah Morales, Lev says:

      I have read this article three times and read the comments as many times. I am sitting here in disbelief as I am a victim of rape myself. My attacker was a stranger to me and was not punished either. I cannot imagine the devastation of having my own husband brutally attack me and use religion to avoid prosecution. This judge should be, at the very least, disrobed, How will this "liberal cancer" be stopped? Unfortunately, common sense is not that common.

    50. Dave says:

      People, WAKE UP! The writer of this blog has an agenda. This is NOT credible news. Look to major news sources that do no peddle fear of opinion, like they used to do over 30 years ago. Then, read all sides of the issue and make up YOUR OWN mind. Too many people are being told want to think and believe!

    51. Sara, New York says:

      Cully Stimson, the author of this article was resigned because he made a stupid comment regarding the detainees at Guantanamo. In Islam the husband is supposed to treat his wife with great respect. The prophet Mohammad (SAW) said the best of you are the ones that are best to their wives, and in no way does it allow the husband to rape anyone, let alone his own wife. The media and people like Cully Stimson use words such as, "Islamic-extremists" to scare people and look down on Islam, when the truth is, Islam is the most peaceful religion. I know because before I became a Muslim, I was completely lost with no direction in life, but once I found Islam my outlook on life changed, and I found peace within myself. One more thing I want to add is that, Islam says for the wife to fulfill her husbands needs to the best of her ability, because if she doesn't he will look elsewhere, and the marriage will result in a divorce, which totally makes sense.

    52. Zinnia says:

      Don't let ISLAM spread onto American (North, South, Central) society, it will be the end to women rights!!

      I have fought too hard to have my place and respect among Hispanic males and then having to think about the spread of such nefarious religion to my country of origin (Mexico) and other places makes me vomit!!

      Those lunatics abusing their wives in the name of religion is just outrageous!!

      Worried Hispanic

    53. Hasan, New York says:

      May Allah(swt) peace and blessings be upon you sister. The husband is to treat his wife with great respect and the prophet(saw) never spoke of such a thing a raping or anything of that nature its just that people unfortunately in our society and in many other societies are very ignorant they refuse to read and educate themselves to what is not dear to them, or does not hold importance to them, because unfortunately we live in a racist society and world, and what people of ignorance fail to realize its only hurting them because when they get on here and make comments such as "the religion of peace" or when they try to equate Allah(swt) to a sun god deity they fail to understand that they will pay one day for those same comments. They try to pick apart Islam but when you ask them who did the virgin Mary worship prior to Jesus(pbuh), they don't have an answer for that, another thing is how can they worship Jesus(pbuh) when he was created himself, God is self sufficient and creates and was not created he is what always was and what will always will be.Even in the 10 commandments it says "thou shalt not make unto thee any graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under earth: thou shalt not bow down thyself to them, nor serve them: for I the Lord thy God am a jealous God", yet they do all of these actions with their pictures crosses and the like and even their Christmas.So you and I both know what they are and who they are they will never believe what we believe and we will never believe what they believe.

    54. Canada says:

      For those of you that cant read get someone to translate to you what your bible says in these two verses. Please read and understand what Islam is about. And read and understand how the bible was curupted by your churchs.

      Deuteronomy 22:23-24

      For adultery (including urban rape victims who fail to scream loud enough)

      If a damsel that is a virgin be betrothed unto an husband, and a man find her in the city, and lie with her; Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die; the damsel, because she cried not, being in the city. Deuteronomy 22:23-24

      Deuteronomy 22:13-21

      For a woman who is not a virgin on her wedding night

      If any man take a wife, and go in unto her, and hate her … and say, I took this woman, and when I came to her, I found her not a maid: Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsel's virginity unto the elders of the city in the gate: And the damsel's father shall say … these are the tokens of my daughter's virginity. And they shall spread the cloth before the elders of the city. … But if this thing be true, and the tokens of virginity be not found for the damsel: Then they shall bring out the damsel to the door of her father's house, and the men of her city shall stone her with stones that she die. Deuteronomy 22:13-21

    55. NREsq, California says:

      Any time you do not get enough information in an opinion piece like this to check the "facts" for yourself, ASSUME THE WRITER IS LYING OR HAS AN AGENDA. The situation described the writer SIMPLY DID NOT HAPPEN. It is unfortunate that anyone on any side of an issue resorts to obfuscation or outright lies to try to make their case. Worst of the worst.

      To comfort the unfortunate rape victim Ms. Morales, be assured that all judges in the United States take an oath to protect, defend, and apply both the Federal Constitution and the constitution of their state. Judges cannot take into consideration the laws of any other country or religion, period.

      Shame on Cully Stimson, whoever that is, for spreading lies. And shame on The Heritage Foundation for not looking closer at the content on this sight.

      • Brandon Stewart Brandon Stewart says:

        Without any specifics, I'm not sure what you are claiming is a lie. Links are provided in the blog post and you are welcome to look up S.D. v. M.J.R. the court case mentioned in the post.

    56. Sara says:

      I have heard of no such law.

      Should there have been such a thing, it would have been exercised back in 1400 AD. Culture changes over time. It's true that Arabs used to bury their daughters. Do they still follow this? What we are seeing is a CULTURAL aspect rising from the immoral old actions. So the question is, do we blame the religion that has said no such thing? or do we blame the idiot who places the origin of his actions on a religion that condemns any such thing. Culture and religion are not the same, as much as we Americans would love to believe. These extremist actions are a result of idiotic laws and regulations being passed down by false leaders. All true religion, in its most original state is beautiful and ethical.

    57. SK USA says:

      Some of you are astute, while others really should sit back, read and PONDER the counsel and wisdom of the astute, and of course, whether the mote or beam is in my eye or eyes, I should probably follow my own advice, but I'm not.

      First point: "Cultural relativism must not be allowed to erode protection our laws give to women and children." Ms. Buchanan, the inclusion of men or better said ALL mankind falls into the divine standards and attributes of God and certainly HIS laws pertain to all, even the godless, heathen, infidels, or atheists.

      Second point: "What would America be like if every un-civilized, (and Sharia law is ‘un-civilized, even barbaric) counter-cultural group were able to practice their own laws that are in direct contridiction of our Constitutional Rights?" Ms. Wisbey, whether direct or indirect contradiction to mankind's "God given rights" or Constitutional Rights, we already have citizens and more importantly elected leaders that are "Knowingly" obstructing or breaking laws in many issues in every state.

      As for the Mormons and Polygamy, which you have an obvious bias, the INTENT was NOT for sex, as MOST things are today, but for the SUPPORT of WIDOWED mothers and their children.

      Also, I am NOT in support of the judge and what you and I and others here consider to be an "UNCONSCIONABLE" mistake, but certainly an "automatic and immediate removal" may be too harsh. A reprimand and possibly judicial monitoring would be reasonable, but we do not have enough history and information to make a "reasonable AND prudent" judgment.

      Third point: "The problem with west, nowadays is, people don’t want to hear the real truth. YES we agree that only Allah can make the law, but for implementation he gave us permission to see the current situation. The Culture of Arabia 1400 years ago is alot different than the culture of current Arabia." Mr. Rehman, your writing appears to be of well-educated and thought-provoking consideration, but the "REAL" truth is a slippery goal to acquire, and EVEN when we think we know or have it, it sometimes comes back later to bite us in the BUTT. Truth is not cultural, political, economical, perspective, belief, or indeterminate. Truth is universal, it is built upon facts and standards that do NOT change with the passage of time or intellect. If culture has changed, it is only because mankind has changed, truth is truth and it is immutable. If there is any gray it comes from the limited and weakness of mankind, NOT from truth.

      Fourth point: "As the Liberals say to the Christians “separation of Church & State". MJF, I agree on the "separation OF Church & State", but unfortunately it has not been so, it has been more "separation FROM Church & State" and our forefathers have and are ROLLING over in their collective graves seeing the use and ABUSE of church & state being REMOVED entirely from standards, daily living, and LAWS. Where there is no God there is no law… and in time selfishness, chaos, and anarchy reign. Just watch the daily news.

      Fifth point: "We’re a representative republic, NOT a theocracy." West Texan, The day will come, unfortunately I doubt you and I will live to see it, but those who do live to see a theocracy will truly be individually blessed or damned.

      "Unfortunately such behavior has not only been demonstrated by judges, but by legislators and a certain president as well." Well said.

      Sixth point: "Pathetic piece of man-made law also supports lack of self control." Billie, I suspect you would like to enlarge your statement to law(s) and very true about self-control. Where freedom is also requires responsibility and accountability. When we take freedom and liberty for granted or forsake the responsibilities required to maintain and enforce them… well, no pain no gain… just look at the difference of attitude and belief of the 1930 – 1960 in comparison to 1980-2010 and look at the people as individuals and collectively. What lazy, indolent, overweight, and selfish slobs we ALL have become. Btw, what has happened in the West will follow and happen in the East… just give it time.

      Seventh point: "I, (name), do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” Michael Yeoman, That would be wonderful, but unfortunately they who take office, just like many citizens of America don't understand what an "Oath" is. I would presume that they would understand this Oath as well: "I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.", BUT our flag as a symbol and representation of truth, morality, ethics, honor, and integrity are not valued or instilled and we ALL pay the price in the end. i.e. more jails, prisons, nuts, wackos, lawsuits, etc. I know that the pledge is not an oath, but they are of similar design and merit.

      Eigth point: There are many others that I have not singled out for praise, consideration, or rebuke, but like you all, I am limited and have my blind-spots and I am sure that many points not mentioned can and should be considered, if not here online then certainly within ourselves and with our friends. A Balanced and Informed Perspective should be everyone's goal.

      Lastly, no religion should be solely judged by it's books, past history or individual adherents. Those that are true and honest "SEEKERS" will FIND it, BUT beware, truth, peace, happiness, and knowledge WILL come with a PRICE, if you are NOT willing to inspect and reflect and change, STOP looking and be content with what you have, and remember, sometimes what looks like foolishness to the supposed wise and learned, is actually God's works known and accepted only by the humble and meek.

    58. WHO says:

      Time and again we read Islamic followers talk about the "true" nature of their religion but yet when the world society is examined, where would one find the most violence?

      Another point, Muslims portend to disagree with the Jewish faith and have been at extreme odds for hundreds of years. Although, both seem to have the very same base in belief and what separates both from Christianity and Mormons (all of which are based on the Bible, Old Testament) and that belief is there is no god but GOD and any symbol intended to characterize GOD is sin incarnate.

      Organized religion is dangerous, albeit a fantastic lesson in moral and social behavior (at its core) and that is the reason the United States have a separation between church and state.

      For those that whine about England and their decision to propagate Sharia Courts, remember this: The very reason our USA exists stems from the horrendous religious decisions those living on that island have made for centuries. Freedom from religious persecution, that is America.

      Have a blessed day.

    59. Mick Montana says:

      This illistrates the real problem. Consevative Islam gives men the authority to do whatever they feel is right. Women worldwide are beaten or worse under Sharia Law. To be sure this happens to Women in every religon and economic status. The difference being if Sharia becomes presedent her legal remedies will be significantly limited, because under Sharia law beating your wife is permissible under some circumstances. If one section of Sharia law is allowed presedent where will it be halted? I admire much about islamic culture but Sharia is not part of American law and should not be allowed presedent.

    60. Jack Enright says:

      The imposing of Sharia law in any part of the US will result in muslims being targeted for violence. People who like to kill others will go after any one who they perceive to be muslim. so it would be a good idea for muslims living here to stop any kind of sharia law from being imposed. But muslims are not a monolithic culture and there will be extremists among them who eventually will get a foothold. So it is only as matter of time before a bloodbath will ensue. By the very nature of the Koran and the laws it enacts, it is a very intolerant religion. I don't care for any religion myself. Islam has got to be the worst. It is time for the Federal government to let local governments to decide for themselves just who and what they want to tolerate in their communities. Obama is clearly in favor of toleration if not outright favoritism toward Islam. so guess what is going to happen in 2012. There is going to be a Big Change.

    61. Constance, Vernon, C says:

      These situations did occur just google about them. Also, Frank Gaffney is right when he says that the Muslims are using "stealth jihad" to overturn our laws and way of life. Too many of us are not informed. I have spent a good amount of time reading about Islam. I worked in a seminary that has Christian-Muslim relations. Hasan (NY), your prophet had sex with a little 9 year old girl at 54 (he sounds like a pedofile to me, especially since he had other wives). Islamic scholars can't refute this or even how many wives he had. He also beheaded by his own hands at least 600 jewish men when he got the upper hand. He attacked and received booty where he was given 1/5 of it. I could go on. But, Hasan, I want to answer your questions. 1) Before Jesus was born, his mother, Mary worshiped God. The Jewish people were waiting for a Messiah. 2) Mary conceived by the Holy Spirit and gave birth to Jesus. A mystery is that Jesus always existed. (There are three persons in God, the Father, the Son, Jesus, and the Holy Spirit. It is a mystery that humans don't understand, but that is the way God chose to reveal Himself. He was conceived, but not begotten (created like us). He kept Mary from her conception as completely pure to be able to carry Jesus until his birth. She never had any more children (that's why Mary was accompanied by John at His death and Jesus gave each other as mother and son so she could live with John). 3) As for idols, God meant that people could not build a golden calf and call IT God, or anything else a man might want to call something more important than God, such as wealth. Statues, paintings and drawings of saints, Our Lady Mary are not worshiped. They are only honored. Like you honor a prophet. It is similar to taking a picture of your family and keeping it at your bedside. It helps you to remember them. Crosses are symbols of Christianity. A Crucifix reminds us of the suffering and death of Our Lord God went through to free us from death and to open the gates to Heaven. God sent His Son Jesus to us because He loves us and wanted to be with us and show us the path to eternal life. He is a God of Love and yes, perfect justice. He created us because He loves us and wants everyone to be with Him forever. He showed his disciples and Apostles to love one another as He loved them. Christianity doesn't force people to be Christian, but your prophet said to those he conquered to either convert, die or pay the tax (for protection). If someone converts from Islam to Christianity, they are to be executed. It happens still today. This is NOT a religion of peace. Also, for the woman who became Muslim, two women are needed in court to equal a man. Women are beneath men in this CULT. You didn't study your Sharia Law very carefully. I do not want Sharia Law in the USA.

    62. anthony onimole says:

      I have been wondering about the intelligence of some of the judges in our court system. Are they not aware of the danger sharia law will pose on the system by creating a special preference to a group of people within the country ?

    63. Jim Eckhoff says:

      Why are these people even over here in the u.s.a.,isn't thier own country good enough for them? we don't want thier culture here, and that silly Sharia Law is against everything this great country is based on. to many young men have died in wars to preserve our way of life.And these silly mosque's are to proclaim victory where the sit. Foolish people wake up before it's to late, it is happening now, wakeup America and get your head out of the sand so to speak! Our for fathers would roll over in thier graves knowing what is happening now! This is America, don't cut her to pieces! we love this land! Greatest country on earth, despite a few of her faults!

    64. average American says:

      I suppose they could come here and cause so much trouble that some communities might welcome it, as did some Brits. But do you really think our law enforcement agencies would allow more gangs? Especially those that would become violent trying to impose their "law", over our freedoms for which we fought so hard? I am just an average American, I have no voice and my vote doesn't ever matter, so what defense would my family have. If I use a weapon to defend my disabled children, it is not self defense and is illegal. I would go to jail. I suppose that in light of that similarity, some might give in to gangs to receive protection. Are the muslim (not deserving of capitalization), extremists that much more different or more powerful than any other gang? How can it be prevented? Maybe by monitoring entry into all of our borders. That'll never happen, our politicians are too cowardly. I think we could start by never allowing full burka clothing, and by insisting that all ID photo's be taken without any head wear at all. Any would be terrorist can hide under a burka along with weaponry. Not that anyone would ever read this opinion, because as an average, poor, American; I still have no voice. However, I do have the freedom to discuss it openly, anywhere in my country, the United States of America. Though we are united and a melting pot of varied races and cultures, we should still find a way to disallow anyone from trying to impose their violent actions upon our citizens, an no one should ever be allowed to take our freedom of speech. Now if you'll excuse me, I need to tend to my barbecue… roasted quran (also not worthy of capitalization).

    65. kathy r says:

      You should make your articles available to share

    66. rationality says:

      "this is not an isolated incident" the author says, then goes on to tell us how other incidents will occur in the future. If its not an isolated incident, please provide another. Hypothetical events in the future do not count. The man who beheaded his wife doesn't count either, as far as i can tell no LEO or judge took his side in that case. A single poor judicial ruling that was rightly overturned does not validate the author's claims. A single incident cannot logically be used to illustrate a trend. A trend is a series of incidents. Basic critical thinking skills are in order.

    67. Margaret says:

      I can't believe these comments or the ridiculous article written that is so blatantly false it's pathetic. I am a Muslim convert and firstly, the accusation held that this man was 'practicing Shari law is an insult to Islam. There is no concept of hitting in Islam (Koranic translations are absolutely incorrect) and if another human leaves so much as a mark–let alone blood or bruises on another, he/she must pay a kaffara "penalty" which usually means a sum of gold or silver depending on the severity. This goes for a man toward his wife or even parents toward their children. DON'T mix the ignorant cultural laws of ignorant, cultural people with Islam. In marriage, the girl has the final say–period! There is no law in Islam that would allow a young girl to be forced into marriage with an older man–or any man for that matter. What I find insulting is the total lack of understanding of Islam and no one even bothers to find out for themselves the truth. Yet, as Americans, we're supposed to lap up all of this propaganda and call it 'knowledge." As a Muslim, I wouldn't want Shari law controlling the courts for the basic reason that why on earth would I want a non-Muslim judge trying to interpret Islamic laws of which he/she has absolutely no knowledge of? Any judge who listen to a man claim his religion allows him to brutally beat/rape/destroy his own wife–someone whom God has given to him as a trust–should be removed from office and position. Muslims are commanded to follow the law of the country in which they live and I'm getting sick and tired of so-called Muslims (and non-Muslims) trying to define Islam for the world. Their place is a one-way ticket to hell basically. Sharia law isn't bad–very similar to Jewish law. But I'd NEVER accept it to take place in a non-Islamic society with non-Muslims as those who define/enforce it. Pathetic article–absolutely pathetic. Oh, I'm also a journalist–rule number one is to get your facts straight. This information is utter rubbish! And unfortunate for the ignorant people who want to believe it!

    68. KDWallace says:

      When in the United States you follow our laws. In your country live how your people determine you are a visitor!

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