TOPEKA, Kan. — Kansas Gov. Sam Brownback has signed a law aimed at keeping the state’s courts or government agencies from basing decisions on Islamic or other foreign legal codes, and a national Muslim group’s spokesman said Friday that a court challenge is likely.
The new law, taking effect July 1, doesn’t specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says courts, administrative agencies or state tribunals can’t base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.
“This bill should provide protection for Kansas citizens from the application of foreign laws,” said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. “The bill does not read, in any way, to be discriminatory against any religion.”
But supporters have worried specifically about Shariah law being applied in Kansas court cases, and the alliance says on its website that it wants to protect Americans’ freedoms from “infiltration” by foreign laws and legal doctrines, “especially Islamic Shariah Law.”
TOPEKA, Kan. — A bill designed to prevent Kansas courts or government agencies from making decisions based on Islamic or other foreign legal codes has cleared the state Legislature after a contentious debate about whether the measure upholds American values or appeals to prejudice against Muslims.
The Senate approved the bill Friday on a 33-3 vote. The House had approved it, 120-0, earlier in the week. The measure goes next to Republican Gov. Sam Brownback, who hasn’t said whether he’ll sign or veto the measure.
The measure doesn’t specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says that courts, administrative agencies or state tribunals can’t base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.
But several supporters specifically cited the potential use of Shariah law in Kansas as their concern. Though there are no known cases in which a Kansas judge has based a ruling on Islamic law, supporters of the bill cited a pending case in Sedgwick County in which a man seeking to divorce his wife has asked for property to be divided under a marriage contract in line with Shariah law.