The recent decision by Pennsylvania Judge Mark Martin to throw out assault charges against a Muslim man who assaulted an atheist who insulted his faith reveals the need for anti-sharia laws.
Ernest Perce was attacked by a Muslim while dressed as a zombie Muhammad in a Halloween parade. During the same parade another atheist was dressed as a zombie Pope, but there were no reports of a Roman Catholic attacking anyone.
During the hearing, the judge dressed down the victim who was assaulted rather than the assailant saying he should be grateful he did not live in an Islamic country where he could face the death penalty for daring to insult Islam.
The judge, who is an admitted Muslim, dismissed the charges against the Muslim who attacked Martin saying, “There’s a big difference between how Americans practice Christianity, I understand you’re an atheist, but see Islam is not just a religion. It’s their culture, their culture, their very essence, their very being.”
He continued, “Whenever it is very common, their language, when they’re speaking to each other, it’s very common for them to say, uh, Allah willing, this will happen. It’s, they’re so immersed in it. And what you’ve done is, you’ve completely trashed their essence, their being. They find it very, very, very offensive. I’m a Muslim. I find it offensive.”
Martin then dismissed the charges despite testimony from a police officer regarding the assault saying, “Because there was not, it is not proven to me beyond a reasonable doubt that this defendant is guilty of harassment, therefore, I am going to dismiss the charge.”
Brigitte Gabriel, founder and president of ACT! for America, and author of “They Must Be Stopped: Why We Must Defeat Radical Islam How We Can Do It”, said while the Pennsylvania case has caused an uproar across the country it is far from unique.
"Actually there are 51 cases in American court rooms where Islamic law was considered above the Constitution of the United States, Especially in domestic law and in family law. And that's simply unacceptable."
While an anti-sharia law in Oklahoma was declared unconstitutional, Gabriel says her organization is spearheading a petition urging states to pass legislation called American Laws for American Courts.
Gabriel says unlike the Oklahoma law, this does not single out sharia law “even though sharia law does come under the general law that we are introducing. And this is why, in the states where we passed it already -- Tennessee, Arizona and Louisiana -- those laws have not been challenged because the Islamic lobby knows that the law we are introducing is so bulletproof they cannot fight it."
Islamic groups have vigorously protested any anti-sharia type legislation including in some states where the legislation simply said judges cannot use foreign law as a basis for their decisions.
Islamic groups claim that, by permitting judges from using sharia they will be unable to execute their wills according to Islamic law, however, there had been cases of judges using sharia law to go far beyond the mere execution of a will.
In 2010 a New Jersey judge refused to grant a woman a restraining order to a woman sexually abused by her husband stating he was simply acting according to his Muslim beliefs. The decision was eventually overturned.