from "Sharia's Encroachment Into American Courts"

by Janet Levy

This article has an excellent discussion of the difference between Islamic Law, or sharia, and Jewish Law.

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"Jewish Law and Catholic Canon Law 

Many who defend rulings that follow Islamic doctrine or sharia make spurious comparisons to Jewish law and Catholic Canon law.  These comparisons are disingenuous because the distinctions couldn't be more striking between sharia and the laws of Jews and Catholics.

Islamic law or sharia is supremacist and triumphalist.  The Koran commands Muslims to change secular laws to conform to sharia or to impose sharia worldwide.  In Muslim countries, the mosque is both the state and the court.  Disobeying sharia can be punished by flogging or death.

By contrast, Jewish (Halacha) and Catholic Canon laws are never imposed even for Jews and Catholics, respectively.  Under Jewish law and Canon law, any two parties in a dispute can choose to seek and follow a decision rendered by a religious court, but they are always free to pursue secular redress.  In fact, Jews and Catholics are required to follow secular law and are under no obligation whatsoever to abide by Jewish or Catholic Church doctrine.  The dictum in Jewish law of "Dina d'malchuta dina" translates to "the law of the land is law" and recognizes non-Jewish laws and non-Jewish legal jurisdiction as binding on Jewish citizens.  Jewish law does not operate under a supremacist power structure like Islamic doctrine.  It is unenforceable, and it is not a replacement for constitutional law."

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Respectfully,

Daniel Bregman

District Leader

NCJA-NASHVILLE