Previously on Big Peace we exposed Elena Kagan's active support for Shariah Law. During her years as Dean of Harvard Law School, from 2003-2009, she ran and greatly expanded the Islamic Legal Studies Program. In publications and conferences, her program tolerated – indeed promoted – the Saudi-influenced introduction of Shariah law into national Constitutions.
Kagan, Feldman, and the Rise of the Islamic State
To expand Harvard's capacity to sell Shariah law, Kagan hired Noah Feldman in 2007, and in 2008 Feldman published his valentine to Shariah: "The Fall and Rise of the Islamic State," which argues for democratically elected "Islamist" (aka Muslim Brotherhood) parties to take control of Muslim states in order to govern under Shariah law. Kagan rewarded Feldman's Shariah advocacy by giving him the endowed Bemis Chair in International Law on September 16, 2008. His speech accepting the Bemis chair advocated an "experimental Constitution" that "embraces international institutions." The New Republic's Leon Wieseltier devastating critique of Feldman's shilling for Shariah included this insight:
In his discussion of Islamism, Feldman, who knows a lot more about Islam than I do, no longer rises to uphold the liberty of conscience. Instead he explains warmly that "to the Islamist politicians who advocate it or for the public that supports it, Shariah … is expected to function as something like a modern constitution." He compares Islamic law to nothing less than "the American constitutional balance of powers." Philadelphia! …. Feldman is weirdly at peace with the increasing popular support that Islamism enjoys in Egypt, Pakistan, and Jordan …. His offer of a shinier sharia is just another barter of rights for authenticity. This is not gradualism, it is pessimism. …. Feldman is shilling for a soft theocracy–for other people, naturally. This is, among other things, hypocritical."