Thursday, October 18, 2007

Mukasey Testimony Includes Exchange On Role of Sharia Under U.S. Law

Yesterday the Senate Judiciary Committee held its first day of hearings on the nomination of Judge Michael B. Mukasey for Attorney General. (Washington Post). At the hearing (full transcript), the Senators questioned the nominee on a variety of subjects. One interesting exchange occurred between the nominee and Senator Sam Brownback:
BROWNBACK: ... [C]ertain countries' courts have held that sharia, or Islamic religious law trumps civil constitution. There's been a case in Malaysia. There was a case earlier this year in Germany, there a Frankfurt presiding judge over a divorce court involving two Muslim Moroccan residents in Germany put aside German divorce law and ruled, instead, on the basis of her understanding of the Koran.... What would be your thoughts on this were this to arise in the United States -- in a court of law in the United States?

MUKASEY: I think we should not create, anywhere in this country, enclaves that are governed by any law other than the law that applies to everybody. We live in this country under one system of laws. And whatever may be the religious requirements of any group, we don't create enclaves where a different law applies, a different law governs and people don't have the rights that everybody else has outside that enclave. I would resist that very firmly -- the creation of any such enclave.