The Culture Clash: Why Cornyn is Fighting to Keep Foreign Law Out of Texas

An effort is being made to outlaw Sharia Law in Texas.

U.S. Senator John Cornyn Introduces Legislation Banning Sharia Law in Texas

Texas Republican U.S. Senator John Cornyn is introducing a bill to prohibit the application of Sharia Law in the United States. Cornyn is co-sponsoring the legislation with U.S. Senator Tommy Tuberville of Alabama. In a press release, the Senator said “ Sharia Law is an affront to our Constitution and the values Texans hold close. The No Sharia Act would install common sense guardrails to ensure Sharia Law is kept out of our justice system and that freedom of religion is preserved. Sharia Law has no place in Texas or America, and this bill would make sure of that.”

The Tenets of the No Sharia Act

According to the Cornyn Office press release, the No Sharia Act would ensure that American laws over-ride foreign laws in three ways:

1. Prohibits courts from enforcing judgments, decrees, or contracts relying on foreign laws that violate the Constitution;

2. Invalidates contract provisions based on foreign laws if they violate Constitutional rights;

3. Bars application of marriage, divorce, custody, adoption, or inheritance if inconsistent with U.S. law.

Sharia Law as it Relates to Females

Much of the controversy surrounding Sharia Law involves the treatment of Muslim females. Many of the rules are not laid out in the Quran and are dependent on the government of the Muslim country in which one lives. The problem facing America is Muslim communities establishing Sharia Courts that do not adhere to the United States Constitution.

Sharia Law was Deadly for Two Dallas Sisters

On New Years Day 2008 in Irving, Texas, 18-year-old Amina Said and 17-year-old Sarah Said were killed by their father in a so-called "honor killing" because they wanted to date non Muslim boys. According to NBC News, prosecutors read an email Amina wrote to her Lewisville High School history teacher a few days before the murders. In the email,  Amina said she and her sister wanted no part of their father’s culture that demanded they marry men from the Middle East, “especially men we don’t know or love.” Sarah was shot nine times. Amina was shot twice. Both were killed in the backseat of their father's taxi.

Yaser Said Evaded Police for 12 Years

Following the murders, Said was added to the FBI's Most Wanted List. It was believed that he escaped to Egypt, but in August 2020, Said was arrested at a home about 35 miles northwest of Dallas. Said's son, Islam Said, and his brother, Yassim Said, were convicted of hiding a fugitive.

Sharia Law in Iran

According to Fairplanet.org, Sharia Law in Iran, Afghanistan and Saudi Arabia are the hardest on women and girls.According to www.iranintl.com , Iran’s Sharia-based legal system discriminates against females in the areas of criminal, family, and inheritance law. Males and females are held to different standards.

Criminal Law Within Sharia Law

Legal- Girls are considered legally responsible at the age of 9 lunar years. For boys, it is15 lunar years. In criminal proceedings, the testimony of two women is considered equivalent to one man.

Family Law Within Sharia Law

Relationships- No matter their age, women must have the consent of their father or paternal grandfather to get married. Men do not. Men may marry up to four wives. Men may dissolve a marriage at will. Women must go to a Sharia court and prove a divorce is warranted. Iranian law also allows men to prevent their wives from traveling or taking jobs.

Guardianship and Custody - Guardianship over children is not shared by the mother and father. Fathers hold the exclusive right of guardianship. The only way a mother can obtain guardianship is following the death of the father in addition to the approval of the paternal grandfather.

Divorce- Mothers only have custody of the children until they are seven years old. At that time, custody goes to the father.

Inheritance Law Within Sharia Law

Inheritance- In inheritance situations, a woman’s share is half that of a male heir.

Sharia Law in Afghanistan

In addition to the aforementioned rules within Sharia Law, some Muslim communities ascribe to versions of Sharia Law that are even more misogynistic. Women are forced into arranged marriages, girls under the age of ten are forced to marry much older men, and so called “honor killings” (where females are murdered due to perceived damage to a family's reputation) go unpunished.