Promoting Shari'ah-compliant finance violates the United States Constitution: In the Case of Kevin J. Murray v Henry M. Paulson, Jrzulkiflihasan
I am delighted to share this very recent case in the United States District Court for the Eastern District of Michigan Click Here
The Plaintiff filed an application on 15 December 2008 to challenge the Emergency Economic Stabilization Act of 2008 enacted by the US Congress in which appropriated USD40 billion to bail out the AIG that engaged in Shari’ah-compliant activities. It is alleged that the Shari’ah-compliant financial products are anti-Christian, anti-Jewish and anti-American and therefore violates the First Amendment of the United States Constitution. In this instance, the plaintiff claims for declaratory and injunctive relief as authorized by 28 United States Constitution.
Interestingly, the plaintiff in this case is a retired US Marine who has experiences working in Iraq and Kuwait and claiming that Shari’ah-compliant finance has ties with Islamic terrorist. He alleges that by promoting, endorsing, approving, supporting and funding the AIG which involves in Shari’ah-compliant finance has contributed to the propagation of Islamic beliefs and practices which forms the basis for the global jihadist war against the US. The plaintiff asserts that one of the AIG Shari’ah supervisory board members has blood and intimate relationship with Justice Taqi Usmani who has authored a book on jihad which indicates the element of terrorism and hatred against the non-believers. Not only that, he also alleges that the zakat religious tax of the company is used to support Islamic charities some of which have affiliations with terrorist organisation.
This 18-page application in the US Court appears to be a very historic and celebrated case pertaining to Islamic finance. Although, the application for admission to this court is still pending, the notion of bringing the case into the court of justice and challenging the government’s decision and policy to involve in Shari’ah-compliant finance seems to be very polemical. InsyaAllah, I’ll discuss and examine the overall issue highlighted in this case and come out with a proper academic article in the near future that would be useful for further discourse.
“Ignorance of the law excuses no man: not that all men know the law, but because ’tis an excuse every man will plead, and no man can tell how to confute him” (John Selden 1584-1654)