Justice for All: American Muslims, Sharia Law, and Maintaining Comity within American Jurisprudence

Abstract

The U.S. Muslim population, although currently only comprising one percent of all Americans, is on the rise. Muslim Americans are largely assimilated, happy with their lives, moderate with respect to divisive issues, and opposed to violence. Nonetheless, in recent years, a growing misunderstanding and fear of Muslims has led some activists to seek to ban the application of Islamic law, or Sharia, in American courts, despite the lack of evidence of an increase in the use of Sharia in U.S. courts. These attempted bans have seen varying degrees of success. This Note argues that these bans violate the voluntary, but longstanding, principle of comity and are unnecessary. When properly applied, comity prevents Sharia from pre-empting the Constitution while encouraging mutual acceptance and understanding between Muslim and non-Muslim Americans.

Keywords: Shari'a