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Ban On Sharia Law Still in Legal Limbo

Ban On Sharia Law Still in Legal Limbo

According to federal judge Vicki Miles LaGrange, more time is needed to determine if a voter-approved restriction against Sharia law should be kept out of the state constitution.  The measure, a constitutional amendment, forbids courts from using or considering international law or Islamic Sharia law when making decisions. 

So far the amendment has not gone into effect as it faces a host of legal challenges and concerns.  Many have already noted the problem the measure poses for the state’s Native American population, not to mention businesses in Oklahoma who do business internationally and may have contracts that contain a “choice of law” provision dictating that a foreign jurisdiction’s law be used in settling disputes. 

The amendment has also been specifically challenged by a Muslim in Oklahoma who argues the amendment demonizes his faith and is unconstitutional.

In the hearing to extend the preliminary injunction the judge’s focus was on getting the state to articulate the purpose of the measure in specific terms.  An assistant attorney general arguing on behalf of the measure said it was to keep Oklahoma courts from looking to the precepts of other nations or cultures in applying the law but acknowledged that the state lacked any evidence of even a single incident where Sharia law had been used in Oklahoma courts.

Without such evidence the measure is likely doomed as it will be impossible for the state to meet its legal burden of proving that the necessity for state action outweighs any First Amendment restrictions the measure puts in place.

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photo courtesy of roel1947 via Flickr

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149 comments

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10:11AM PST on Feb 11, 2011

A-L-L, I repeat, A-L-L religion is an opium for the people!

4:21AM PST on Jan 13, 2011

Muslims migrate to other countries for a better life ,they are given freedom of religion ,which isn't available to other cultures in their country,then they start making demands,they don't have freedom of choice or of thought as they are brainwashed by their Imams and clerics that their way is the right and only way,in their arrogance they want to convert every one to Islam and their cruel law-Sharia,how can you have 2 ruling of law?you abide by the laws of the country you adopt to live in ,they have no intention of assimilating as they want to dominate and change others to their ways,they are given too much latitude,and take advantage of people who are too generous in accepting them into their society.

4:10PM PST on Dec 30, 2010

Any law that seeks to subjugate women and children is not in connection with the Word or "vision" of our founding forefsther and would seem to be a demonstration of what they were seeking Freedom from!

11:13AM PST on Dec 28, 2010

When in Rome, do as the Romans do. If people feel our laws are inadequate, they should return to their own land and carry out their laws there. Sharia law is inhumane. We have enacted laws to protect our citizens and if you choose to be a citizen of this country or to take up residence here or convert to Islam, be content to abide by the laws of the land in which you reside.

2:36PM PST on Dec 26, 2010

There should be one law for all, and it should not be Sharia law!

5:37AM PST on Dec 25, 2010

Of course Sharia Law should be banned - across the United States in its entirety (and worldwide).

And, equally "of course", so should any religiously-based law be banned. I don't want to live under the banner of Christ either.

1:57PM PST on Dec 24, 2010

There is no room anywhere on earth for Sharia Law.

6:07AM PST on Dec 24, 2010

I am saddened to read that there are people out there that believe that a way to show respect to other cultures it is OK to implement their laws into ours. I have seen how ignorance of the culture can eventually affect the way we view people from their respective culture. Caution should be place in accpeting Sharia law into our system. If your daughter would marry or engage a relationship with a male muslim she would be forced to comply to this law in a western world where women have worked so hard for equality. It is your daughters rights that are taken away and with yours as a grand parent. People need to be respectful of muslims but at the same time muslims need to understand that if they marry in a western society they will have to comply to western laws, it is not descrimination it is a preservation of what our forefathers fought for.

10:38PM PST on Dec 21, 2010

http://www.youtube.com/watch?v=z8n-JYdpxU4&NR=1&feature=fvwp

Please -- view this video by a muslim explaining Sharia. I urge all Americans and Westerners to get involved and understand what is at stake here~!

4:48AM PST on Dec 8, 2010

John H wrote: "killing homosexuals in Biblical Law, and WAS long before Islam." ...

Yes, yes John -- KEY WORD HERE -- "WAS" ... PAST TENSE! Sharia CONTINUES these "laws"!

Why do muslim APOLOGISTS insist on bringing up OLD testament, archaic "laws"!? They are NOT on the books in ANY Western country TODAY! Despite the fact that Israel is based on ANCIENT Old Testament faith -- THERE IS NO OFFICIAL ISRAELI POLICY outlawing homosexuality !

Compare this to MUSLIM COUNTRIES: According to Amnesty International, "homosexuality is explicitly CONDEMNED in the CRIMINAL code of 26 Muslim countries." The majority of Muslim countries OUTLAW same-sex relationships.

"The 7 countries in the world that carry the DEATH PENALTY for homosexual acts, justify this punishment with the SHARIA, or standard interpretation of Muslim jurisprudence." (Amnesty Int'l)

http://www.afrol.com/features/10270
http://wikiislam.net/wiki/Islam_and_Homosexuality

"Most of Islamic Law was derived from Judaic or Christian Law." -- Again John, No predominantly "Christian" nation or Israel -- proscribes the sorts of punishments meted out in islamic countries!

I can agree with you on the US arming various rogue muslim organizations. The "Cold War" created a nasty situation, where our "leadership" was willing to help ANYONE who would be opposed to "Communism"! "The enemy of my enemy, is my "friend"!

(Sighs, frustrated -- same OLD STALE arguments!) >8-(

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