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Originally Posted by Billybob
So in reality there is no law specifically denying consideration of Sharia but by default the only law that is supposed to be considered is Federal, State or Municipal statues, correct?...
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Judges will from time to time consider foreign sources of law when interpreting a situation that has no clear answer in our statutes, regulations, or case law. I have never heard of a judge referring to Sharia in that way, but I suppose it could happen. The judge's oath of office, however, requires him or her to determine what the applicable state or federal law is and to follow that law. If a judge rules a certain way because Sharia compels it, then we hope that there is an appellate court to reverse that decision.
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And if some judge somewhere decides to abide by some element of Sharia contrary to Federal/State/Municipal in a ruling there is a mechanism by which that ruling eventually would be invalidated, as has already occured, correct?
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Like I said, we hope that there are appellate courts willing and able to correct such a thing, but that mechanism is not perfect. The main line of defense against the problem Newt has imagined is the fidelity of the judges to their oaths of office.