Mike Brooks
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In a letter addressed to district attorneys and sheriffs in Dallas and Collin Counties, Gov. Greg Abbott called for an investigation into “possible criminal violations by Sharia tribunals masquerading as legal courts.” The letter specifically names Dallas-based entity, The Islamic Tribunal, a self-described “mediation and non-binding arbitration firm that adheres to Islamic principles in the Muslim community,” and trails the governor’s recent campaign against sharia law and Islamic faith-based organizations.
Sharia law, which has become something of a focus for Abbott this year, is a guiding code found within the Quran. Several Muslim countries incorporate sharia law into their legal systems, but for many practicing Muslims, rigid adherence is not an integral part of everyday life, much like the most traditional values of Christianity.
Tribunals are a facet of many denominations, and Abbott acknowledges the existence of the First Amendment protection for religious institutions to “adjudicate ecclesiastical questions,” and “inquire into wrongdoing and correct their members to preserve the purity, peace, and good order of a congregation,” but he goes on to allege that the IT is doing more than that.
Abbott claims that the Islamic Tribunal is compelling Muslim Texans to adhere to a religious court, claiming to have the approval of the Texas judicial system, rather than the state’s established legal system, thereby operating as a rival court in violation of the Texas Penal Code.
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“The Constitution’s religious protections provide no authority for religious courts to skirt state and federal laws simply by donning robes and pronouncing positions inconsistent with Western civilization,” reads his letter.
According to the tribunal’s website, they predominantly deal with divorce cases, business disputes and family issues, and clearly state that all decisions do not supersede official court rulings.
“These proceedings must be conducted in accordance with the law of the land; local, state and federal within the United States,” reads their website. “Through effective mediation and arbitration, decisions can be made that are stipulated in the Shari’ah and adhering to the binding, ethical and legal code that exists within this country with the final approval of the relevant courts and judges.”
The organization also clarifies that their court, headed by Imams, or Islamic faith leaders similar to priests, is not a law firm, and their clients should consult with licensed attorneys for any legal advice.
The Council on American Islamic Relations (CAIR), one of the largest Muslim activist associations in the nation, which has also been targeted this week by the governor, condemned the spread of “longstanding anti-Muslim conspiracy theory.”
“Greg Abbott appears to understand the law as well as he understands Texas Muslims – not at all,” the organization wrote in a statement.
Once, Twice, Three Times In A Week
Earlier this year, the East Plano Islamic Center (EPIC), a mega-mosque, caught Abbott’s attention as the center had planned a real estate development, called EPIC City, that critics said resembled a cult, and the governor called a “sharia city.”
Investigations from several state agencies turned up little, save for a funeral service violation, but the attention resulted in a storm of online vitriol and Islamophobia on social media. A team of evangelists regularly protests outside the mosque grounds during service hours to preach about the Lord and urge repentance to the Muslims on their way to pray.
In October, a member of EPIC told the Observer that sharia law is rarely mentioned in the khtubha, or Friday sermon.
“The only one who talks about Sharia law is Abbott,” said Owais Khan, a conservative Muslim. “We, in our mosque, don’t even bring that up. What are you talking about?”
Ground was never broken on EPIC City, but this week, just hours after sending the aforementioned letter, Abbott appeared on conservative radio host Dana Loesch’s show to discuss the illegality of the proposed development, stating that the state attorney general was continuing to probe the organization.
This comes after Tuesday’s announcement, where Abbott formally designated the Muslim Brotherhood and CAIR as foreign terrorist organizations, banning them from buying or acquiring land in Texas.
“Greg Abbott’s disregard for the First Amendment, his obsession with Texas Muslims and his dedication to protecting the Israeli government from criticism apparently knows no bounds,” reads CAIR’s statement. “The day after issuing an unconstitutional and error-riddled proclamation targeting the state’s largest Muslim civil rights group, he is ordering Texas district attorneys to investigate imaginary ‘sharia courts.’”
The Islamic Tribunal Has Been Around For Years
For the uninitiated, The Islamic Tribunal has been operating in North Texas for many years, dating back to when it was located in Irving.
The Dallas Morning News reported that 10 years ago, the tribunal was drawing concern from conservatives. The publication spoke to Jerry Roehrig, a Tea Party activist who wanted the tribunal disbanded.
“I am concerned about corporal punishment and how Shariah law handles women and non-Muslims,” he said. “[Sharia law] puts itself above our constitution. We can’t have that or we lose the country.”
As part of an ancient text, Sharia law contains some outdated suggestions and penalties that no longer align with contemporary American standards, such as public stoning, which is still a legal punishment in some parts of the Middle East. But Republican lawmakers love to present sharia law as a rigid system that Muslims in America are observing in extremist ways. In his letter, Abbott suggests there are “American Muslims, who are ‘obligated’ to submit to ‘an Islamic solution,’ even to the point of ‘stoning.’”
This is cherry-picked from the tribunal’s website, which explains the many facets of Sharia law, which, like American law, can be divided into subsets like criminal, civil, corporate and more.
“Stoning adulterers, cutting of the hands, polyandry and the like (all can be traced in the relevant literature and can be explained in their Islamic legal mentality and rational context in fairness and justice), are mainly a part of Islamic Criminal Law,” reads the whole quote from the website. “… It is unscholarly and unfair to generalize that type of understanding, that is Criminal Law, to compromise the whole of Islamic law if we stick to speaking in technical terms.”
Congresswoman Beth Van Duyne, who was the mayor of Irving in 2015, catapulted herself into the national spotlight when she penned a series of Facebook blog-style posts accusing the tribunal of operating as a court system beyond the law. This set the groundwork for Van Duyne to embark on a speaking tour about Islam, according to the News.
“I’ve been told I’m the hero of some freaky fringe group that thinks Islam is trying to take over our court system, emulate it and duplicate it throughout the country,” Van Duyne said while on her tour.
In 2017, as one of her final acts as mayor, before she accepted an appointment from President Donald Trump to the Department of Housing and Urban Development, Van Duyne requested that the Texas Department of Homeland Security investigate the IT. Soon after, a varsity roster of Republican lawmakers joined in the battle.
North Texas Rep. Jeff Leach filed the American Laws for American Courts Act, which was directly inspired by The Islamic Tribunal, and was soon signed into law by Abbott. The act specifically prohibits the use of foreign law in Texas courts, with an emphasis on family law cases, if it would violate a constitutional right. Leach filed a similar bill in 2015, but it failed.