Breitbart Texas asked what happens when there is a conflict between Sharia law and Texas law. [Dr. Taher] El-badawi said most of the time, the laws are in agreement. When pushed further he admitted that, “we follow Sharia law.” However, he explained, “If the parties are not satisfied with the tribunal’s decision, they do not have to accept it and they can take the matter to Texas civil courts.” He did not say what the social ramifications of rejecting the “judge’s” decision would be.
El-badawi restated several times that participation in the tribunal is voluntary. However, he would not discuss what happens to someone who did not follow their rulings.
An Islamic Tribunal that uses Sharia as the basis for law, not the US Constitution, the Bible nor the Texas State Constitution has been set up as a non-profit organization in Dallas. The tribunal claims that, for the most part, Sharia is in agreement with the laws of Texas. Price was told by El-badawi that if the tribunal ruled in a way in which the parties disagreed, then they could go to the Texas courts, which makes you wonder why one would have this tribunal in the first place.
Conflicting problems within American Muslim society may range from personal and family matters such as marriage and divorce, as well as disputes among community members and those in positions of leadership. The courts of the United States of America are costly and consist of ineffective lawyers. Discontent with the legal system leads many Muslims in America to postpone justice in this world and opt for an audience on the Day of Judgment.
It is with this issue that Muslims here in America are obligated to find a way to solve conflicts and disputes according to the principles of Islamic Law and its legal heritage of fairness and justice in a manner that is reasonable and cost effective. These proceedings must be conducted in accordance with the law of the land; local, state and federal within the United States. 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 Islamic Tribunal seeks support and guidance from consultants and counselors to its attorneys to ensure that local, state and federal law are strictly conformed to and decisions that originate from the Tribunal are in accordance with said laws.