Thread: Islamic Sharia Law to Be Banned in, ah, Oklahoma

Islamic Sharia Law to Be Banned in, ah, Oklahoma

Oklahoma Calls Ban on Islamic Law a 'Preemptive Strike'

By JOEL SIEGEL
June 14, 2010—

Oklahoma is poised to become the first state in the nation to ban state judges from relying on Islamic law known as Sharia when deciding cases.

The ban is a cornerstone of a "Save our State" amendment to the Oklahoma constitution that was recently approved by the Legislature.

The amendment -- which also would forbid judges from using international laws as a basis for decisions -- will now be put before Oklahoma's voters in November. Approval is expected.

Oklahoma has few Muslims  only 30,000 out of a population of 3.7 million. The prospect of sharia being applied there seems remote. But a chief architect of the measure, Republican State Rep. Rex Duncan, calls the proposed ban a necessary "preemptive strike" against Islamic law coming to the state.

"I see this in the future somewhere in America," Duncan, who chairs the state House Judiciary Committee, told ABC News. "It's not an imminent threat in Oklahoma yet, but it's a storm on the horizon in other states."

Sharia  which means "path" in Arabic  governs many aspects of Muslim life and influences the legal code in a majority of Muslim countries.

There are many interpretations of what Sharia means, but in some countries strict interpretations "are used to justify cruel punishments such an amputation and stoning as well as unequal treatment of women in inheritance, dress and independence," according to the Council on Foreign Relations.

Sharia has gained a toehold in some western countries, notably Great Britain, where five sharia courts have been established to settle certain disputes among Muslims, with the government's blessing.

The proposed Oklahoma amendment is aimed, in part, at "cases of first impression," legal disputes in which there is no law or precedent to resolve the matter at hand.

In such cases, judges might look to laws or rulings in other jurisdictions for guidance. The proposed amendment would block judges in Oklahoma courts from drawing on sharia, or the laws of other nations, in such decisions.

The amendment also is a response to what some conservatives see as a pernicious trend -- cases of liberal judges mostly notably Supreme Court Justice Ruth Bader Ginsberg, using foreign laws to shape their opinions in U.S. cases.

"It should not matter what France might do, what Great Britain might do, or what the Kingdom of Saudi Arabia might do," Duncan said. "Court decisions ought to be based on federal law, or state law."


Oklahoma Law May Not Be Constitutional

Legal experts contacted by ABC News said they did not know of one instance of a judge in the U.S. invoking sharia in rendering a decision.

"Cases of first impression are rare," said Jim Cohen, a professor at the Fordham University School of Law in New York City, adding, "I have never heard of a case" involving sharia.

Cohen added that he questions whether the proposed amendment would pass constitutional muster.

"Our federal system and our state system is in part governed by the concept of separation of powers. It's far from clear that the Oklahoma legislature can restrict what a separate branch of government can consider in terms of doing its job  in this case, deciding cases," he said.

"I think this is a political statement against Muslims and, inferentially, in support of United States values," Cohen said.

Duncan said that is not the case. "The only entities that could oppose this measure are those that admittedly support applying international law and sharia law in American courts. If that's what they think they need to be bold enough to say so."

http://abcnews.go.com/US/Media/oklahoma ... d=10908521

Sharia can make sense in the context of alternative dispute resolution voluntary mediation and arbitration within the Islamic portion of a community. There is an Oklahoman statute body of law within the state court of Oklahoma and clearly it should take precedence.

Oklahoma seems to have some common sense. I only wish that other states were as wise.

TexasBorn wrote,

Oklahoma seems to have some common sense. I only wish that other states were as wise. Wink

I agree, but, at the same time I wonder, why do we need a law to enforce the laws already on the books? The law on the books should be for everyone and no exceptions beyond that, something about equal justice?

If these other groups do not like our brand of equal justice then they can go the hell back to wherever there happy butts came from! Period! And they can take the idiot judges with them that have a desire to look outside to other cultures for legal review.

Richard wrote,

Sharia can make sense in the context of alternative dispute resolution voluntary mediation and arbitration within the Islamic portion of a community.

Provided their arse did not break a civil or criminal law on this lands books, who the heck cares what they do inside their religious establishments, provided that action does not break any laws.

Should the laws of a jurisdiction be broken, then their arse belongs to the same authorities that any other arse would belong too!

All in all, this country better start thinking long and hard as to just what the hell we are letting into our nation! The whole idea of even thinking about having to defend or allow for such nonsense is disgusting and reprehensible. Who the hell do they think they are to demand a segregated legal system?