Constitution
by Anne Schlafly, Chairman, Eagle Forum

Article VI of our U.S. Constitution states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.

“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

Our founding document is the supreme law of the United States, which means that no other law can deviate from the Constitution. Islamic Sharia is incompatible with the Constitution, and all Americans — including Americans who are Muslim — are bound by the Constitution.

Here are examples of how Sharia cannot coexist with our form of government:

The First Amendment prohibits any “law respecting an establishment of religion”. This freedom protects the person’s choice of religion or even the choice of no religion at all, plus the important freedom to change one’s religion at any time. Under Sharia, leaving Islam (apostasy) is a serious crime punishable by death. Our secular government does not have an official state religion, but Sharia intertwines religious and political life. According to Sharia, its law is a divine mandate and cannot be challenged. Non-Muslims are prohibited from holding public office in Islamic countries.

The First Amendment does not allow “abridging the freedom of speech” and protects our American right to speak freely. Under Sharia, anyone (including non-Muslims) who speaks against or insults Islam (blasphemy) is guilty of a serious crime that is punishable by death. The Iranian fatwa that called for the murder of author Salman Rushdie resulted in a vicious attack on him in Chautauqua, New York in 2022.

The Fifth Amendment does not allow us to “be deprived of life, liberty, or property, without due process of law”. Neutral, state-recognized courts must decide legal disputes. Private religious tribunals cannot bypass these established processes. America should not allow parallel cities that create Islamic enclaves, as Europe has allowed.
The Eighth Amendment bans “cruel and unusual punishments”. Sharia mandates corporal punishments, such as amputation (for theft) and whipping (for consuming alcohol). Sharia also mandates capital punishment for certain crimes, such as stoning to death (for adultery and homosexuality).

The Thirteenth Amendment does not allow “slavery nor involuntary servitude”. Enslavement of non-Muslims is legal under Sharia. Muslims living in the U.S. have been prosecuted for using involuntary servitude on their non-Muslim domestic workers, which is a current practice in Saudi Arabia.

The Fourteenth Amendment offers “equal protection of the laws” for all persons. In the U.S., all citizens are treated equally under the law regardless of biological sex, religion, or national origin. In contrast, Sharia has different legal rules for men and women. Men have inheritance, marriage, divorce, and child custody rights that women do not have. Men have freedom of choice in clothing, which women do not have. Sharia also treats non-Muslims (dhimmi) as second-class citizens with limited rights. In Muslim countries, the dhimmi must pay a special tax to the state. Sharia also forbids the giving or receiving interest on money, which Muslims skirt by using their own banking system that pretends that there is no interest on mortgages. No American bank should participate in that financial fraud.

The Rule of Law Our Constitution is a single system of laws, which allows people of all beliefs to live together fairly. Sharia is a totalitarian system that encompasses all aspects of life. No American — including U.S. children born to Muslim immigrants — should be forced to abide by any law that violates our Constitution. For example, American girls in Muslim families should not undergo the barbaric female genital mutilation that is often performed on prepubescent Muslim girls. Likewise, these American girls should not have been forced into marriage under the age of consent. All Americans should be able to experience the beautiful rights and liberties guaranteed by the U.S. Constitution.