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

31 Pages Posted: 26 Sep 2012 Last revised: 19 Apr 2013

See all articles by Sarah Fallon

Sarah Fallon

Boston College - Boston College International & Comparative Law Review

Date Written: 2013

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

Suggested Citation

Fallon, Sarah, Justice for All: American Muslims, Sharia Law, and Maintaining Comity within American Jurisprudence (2013). 36 B.C. Int'l & Comp. L. Rev. 153 (2013), Available at SSRN: https://ssrn.com/abstract=2152006

Sarah Fallon (Contact Author)

Boston College - Boston College International & Comparative Law Review ( email )

Boston College Law School
885 Centre Street
Newton, MA 02459
United States

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