The Governor of Texas Greg Abbott has announced a campaign to root out and “purge” the state of all “shari’ah courts,” claiming that Islamic law is totally banned from the area.
In a letter sent to the North Texas District Attorneys and Attorney General of Texas’ offices, Governor Abbott called for an investigation into the existence of shari’ah courts in the state and detailed his reasons behind his desire to see them all removed.
“It has come to my attention that certain entities in Texas — including in Collin and Dallas counties — may be masquerading as legal ‘courts’ staffed with ‘judges’ issuing orders that purportedly carry the authority to bind individuals to Islamic codes, thereby preempting state and federal laws.
“The U.S. 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 civilisation. I urge you, therefore, to investigate efforts by entities purporting to illegally enforce Sharia law in Texas. Legal disputes in Texas must be decided based on American law rooted in the fundamental principles of American due process, not according to Sharia law dispensed in modern day star chambers.”
In response to the anti-Islam measure, the Texas chapter of the Council on American-Islamic Relations (CAIR-Texas) slammed Governor Abbott’s “increasingly desperate and deranged” demand on Wednesday.
The group described the campaign as part of a longstanding anti-Muslim conspiracy and denied the existence of shari’ah courts in Texas.
The group said in its statement that trying to ban “sharia” would be no different than banning Jewish halacha or Catholic canon law, calling the governor’s move a “direct assault” on religious freedom.
Subscribe to our newsletter and stay updated on the latest news and updates from around the Muslim world!
“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.
“First he tried – and failed – to fire a Texas special education teacher who refused to sign a loyalty pledge to the Israeli government. Then he tried and failed to ban state contracts with a Texas business that refused to sign the same pledge. Earlier this year, he tried and failed to expel Texas college students who criticised the Israeli government.
“Now, the day after issuing an unconstitutional and error-riddled proclamation targeting the state’s largest Muslim civil rights group, he is ordering Texas distract attorneys to investigate imaginary ‘sharia courts.’
“Greg Abbott appears to understand the law as well as he understands Texas Muslims – not at all. If Abbott is referring to private arbitration that businesses, religious communities, and others sometimes choose to engage in, every American has the right to engage in voluntary arbitration, only official courts can enforce private arbitration decisions, and such decisions must not violate public policy or the law.
“CAIR-Texas plans to continue to vigorously defend the Texas Muslim community from this governor’s increasingly desperate and deranged attempts to shred the First Amendment for the benefit of a foreign nation.”
Abbott’s directive came shortly after he issued a proclamation declaring CAIR and the Muslim Brotherhood as “foreign terrorist organisations” on Tuesday, prohibiting them from acquiring property in the state and authorising legal action to shut down affiliated entities.
Although local States have no authority to designate foreign terrorist organisations on behalf of the entire U.S., the move marks a massive escalation in Abbott’s confrontation with Muslim organisations and communities in Texas.
CAIR is a Washington-based Muslim civil rights organisation that has operated chapters across the United States for decades and provides legal services to Muslim Americans facing discrimination. CAIR has consistently rejected accusations of terrorist ties from pro-Israel forces and right-wing politicians.
In a statement posted on X, the group hit back at Abbott’s designation, saying: “Greg Abbott is an Israel First politician who has spent months stoking anti-Muslim hysteria to smear American Muslims critical of the Israeli government.”
5Pillars was not able to verify claims by Abbott that shari’ah courts exist in Texas or the rival claim by CAIR that the theory is an anti-Muslim conspiracy theory.
In Britain, similar calls to ban Islamic shari’ah courts have been made by far-right activists and the Reform UK political party, however, no official shari’ah courts actually exist in the UK that are part of the legal system.
What does exist are shari’ah councils that have no legal power to enforce decisions. These councils can only operate within the boundaries of national law, and their decisions are not legally binding and can be overridden by UK courts.
The councils are a purely voluntary services and some Muslims request their use to resolve personal disputes like marital issues or family disputes, but they do not constitute a parallel legal system.
