ISPU Press Release:

Shari’a Law: Coming to a Courthouse Near You?: How Muslim Americans Understand and Use Shari’a in Marriage and Divorce
In the first ever study of what Muslims really think about sharia, author Julie Macfarlane found that present panic over shari’a and its alleged impact on American legal and social culture is wildly overblown.

Washington, DC— In the first ever study of what Muslims really think about sharia, author Julie Macfarlane found that present panic over shari’a and its alleged impact on American legal and social culture is wildly overblown.

“Shari’a Law: Coming to a Courthouse Near You?: What Shari’a Really Means to American Muslims” published by The Institute for Social Policy and Understanding, did not, contrary to what many “experts” on the issue are saying, find a community ready to trounce the constitution, re-write civil law, and implement shari’a. Nor did the report find that the use of shari’a by American Muslims was incompatible with current US law.

Macfarlane reports “None of the 212 respondents—including many imams, legal scholars, Muslim lawyers and others working in the legal system—suggested that the courts should directly apply Islamic law to Muslims (or non-Muslims). Just three imams (of 42) proposed the creation of a parallel Islamic family tribunal, with the vast majority rejecting this idea in favor of recourse to the civil courts. Many Muslims see the civil courts as “man’s law”, in contrast with shari’a which is “god’s law”, but are equally clear that they are required to obey the law of the land – this was emphasized over and over again, and see no incompatibility.”

The study set out to explore the real meaning of shari’a to ordinary Americans Muslims by talking to them about how they understood the role of shari’a in their everyday lives. The report looks at the issue of Sharia law and the use of sharia law by American Muslims through the lens of Muslim divorce, one of the key areas in which sharia is consulted.

A key finding of this study is that Muslim Americans turn to shari’a to mark life’s most important passages: birth, marriage, divorce, and death. When faced with critical transitions, it is commonplace for individuals to feel that they must “get it right” by resorting to traditional practices that they and their families believe ensure that they have met their religious and moral obligations, both outwardly and inwardly.

Study data also shows that Muslim Americans are not interested in imposing these beliefs and traditions on non-Muslims, which they regard as a private matter relating to religious duty or (equally common) an affirmation of cultural identity. None of the respondents believed that non-Muslims should be adopting Islamic practices of marriage and divorce.

Julie Macfarlane is a Fellow at ISPU and a Professor at the Faculty of Law of the University of Windsor. Julie’s current research (funded by the Social Science and Humanities Research Council of Canada) examines the use of Islamic family law principles and values in divorce processes conducted by third parties in North American mosques. Julie has researched and written extensively on dispute resolution and in particular the role of lawyers. Her new book “The New Lawyer : How Settlement is Transforming the Practice of Law” is published by UBC Press.

About ISPU:
The Institute for Social Policy and Understanding (ISPU) is an independent nonprofit public policy research organization. Our mission is to provide expert analysis, insight and context to critical issues facing our nation, with an emphasis on those issues related to Muslim communities in the U.S. and abroad. To learn more about ISPU, and to download copies of our publications, please visit www.ispu.org.

Contact:
Shireen Zaman
ISPU Executive Director
szaman@ispu.org
(202) 294-4213