Shariah Law and American State Courts: An Assessment of State Appellate Court Cases

AMJA further clarified that it is permissible for Muslims to serve as members in a jury proceeding, with the stipulation that their opinions be in compliance with Islamic law and with the intention to establish justice for all.

AMJA: On Marriage to gain permanent residency 25

d) The case of the nominal marriage for the purpose of getting permanent residency

The nominal marriage is the marriage contract in which the parties involved do not intend the reality of marriage and have no regard for its requirements and prerequisites. Rather, it is only used as a means to gain certain benefits. This type of contract is prohibited for lack of intention to consummate it, for the violation of the objectives for which marriage was legislated, and for the devising of prerequisites that are contrary to the objective of marriage.

However, the outward legality of this contract is dependent on how verifiable the nominal nature of this contract is before the court. If it is incontestable, then the contract is invalid, but if it is not, then the contract is considered valid, provided that all the prerequisites of marriage are fulfilled and no preventive reason existed.

AMJA: Working with the media:26

E.    It is not permissible to publish any information—even if it is true or permission has been granted—if doing so would result in harm as defined by Shari’ah.

F.    Information must be broadcast via lawful means (in accordance with Shari’ah) and prohibited means must be avoided.

G.   Any work with institutions known to be enemies of Islam must absolutely be avoided if such work would involve supporting their injustice and aggression.

H.    Any work with institutions whose main focus is on anything prohibited in Shari’ah must be absolutely avoided, such as magazines or channels specialized in spreading sin and vice.

AMJA: Working in Courts of Law27

VIII: Working in courts of law and the various affiliated branches outside the lands of Islam

A.    Allah sent His Messengers and revealed His Books for people to stand forth with justice.

The way to do this is to judge by His Laws, to stand up for pure justice and to renounce all the vain desires and human arrangements that go against it.  Therefore, it  is  not  lawful  to  seek judgment from man-made courts of law, unless there is a complete lack of Islamic alternatives which would have the power to restore people’s rights and eliminate injustice, and as long as one’s demands before the court are lawful and one does not make anything lawful unless it agrees with Shari’ah. If judgment is pronounced in a person’s favor, without due right, he/she must not take it, because a judge’s verdict does not make the prohibited lawful, nor the lawful prohibited; the judge’s role is merely to reveal, not to create.

B.    It is incumbent upon Muslim communities to try to solve their disputes by compromising within the limits of Shari’ah judgment and by seeking out ways that are legal in their countries of residence which would enable them to judge by Islamic Law, especially in terms of personal status laws.

C.    Working in the field of legal representation is lawful if the attorney is convinced of the justice and Islamic legitimacy of what he is being asked to represent.

AMJA: On conflicts between national allegiance, and allegiance to Shariah28

Decisions Regarding Contemporary Aqeedah Challenges The Debated Relationship between

Religious Loyalty and Nationalistic Affiliation

  • There is no harm in citizenship if it is taken as means of organizing the affairs of the residents outside the lands of Islam and establishing da’wah and founding their institutions. This is so long as its (the citizenship’s) possessor keeps his loyalty to his creed and nation (i.e. Islam and the Muslims), fulfills his covenant with Allaah and His messenger, and he and his family are secure of tribulation in their religion.
  • The legal framework that governs the relationship with the hosting nations outside of the lands of Islam is the contract of security. This is what is stipulated in the official residency documents. Of its implications is the abidance by the laws and local regulations as long as it doesn’t drive one to commit a sin or abandon an obligation. Fulfilling this contract is a necessity by sharee’ah and for the sake of da’wah. Upon conflict (of one’s legal vs. Islamic obligation), reservation (from participating in the Islamically impermissible) is to be made in the item that conflicts, and all else remains on the default of abidance.

We recommend, to understand AMJA’s doctrinal imperative to impose Shariah in the U.S., further reading of additional fatwa, conference proceedings and articles at the AMJA website,29 and also at the websites of the other organizations listed above.

We reaffirm our goal from this paper’s introduction:  with the publication of this study and subsequent studies now in preparation, our objective is to encourage an informed, serious and civil public debate and engagement with the issue of Shariah law in the United States of America.  This public debate is more urgent than ever before, as organizations such as the Muslim Brotherhood and their salafist coalition partners state openly their intent to impose the Shariah State and Shariah law as dominant across all Muslim majority countries.

25 Ibid
26 Decisions and recommendations of the Fifth Conference of the Assembly of Muslim Jurists in America (AMJA) Manama, Bahrain 14 – 17 Dhul-Qa`dah 1428 (November 24 – 27, 2007) http://www.amjaonline.com/en_d_details.php?id=108
27 ibid
28 The 6th Annual AMJA Conference Held in Montreal – Canada During Dhul Qi’dah 9 – 13, 1430 (Hijri) / October 28 – 31, 2009  http://www.amjaonline.com/en_d_details.php?id=322
29 www.amjaonline.com