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Constitutional Law

Oct. 12, 2026

Institutional differences between the US legal system and classical sharia

The U.S. Constitution and classical Sharia law differ fundamentally in their sources of authority, separation of religion and government, individual rights and criminal punishment, creating significant legal and philosophical conflicts.

Terri R. Brown

Attorney
Law Offices of Terri R. Brown

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Institutional differences between the US legal system and classical sharia
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United States constitutional principles differ from classical Sharia law in many ways. Primarily, these systems of governance differ both conceptually and practically with respect to sovereignty, source of authority, rights and legal scope. These distinctions are foundational and often lead to conflicts in areas such as the structure of government, free speech, religious liberty, gender equality and criminal punishment.

The sources of law and sovereignty in the U.S. are derived fro...

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