Should Judge Block Anti-Sharia Measure?
SodaHead News
November 09, 2010 15:00:00
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Score one for the Islamic supremacists trying to take over our country and impose their draconian Muslim law! Oh, wait, you didn’t hear about that?
Well, the right wing conspiracy theory gained a bit more traction this week when a federal judge in Oklahoma City issued a temporary restraining order against a Republican-sponsored ballot measure that would have banned state courts from considering Islamic or international law when ruling on cases.
According to The Associated Press, the measure, known as “Save Our State,” was approved by voters last week by a 70 percent vote. Just days after the vote, though, Muneer Awad, executive director of the Council on American-Islamic Relations in Oklahoma, filed a federal lawsuit arguing that it was unconstitutional and that it stigmatized his religion and could invalidate his will.
The federal judge issued the temporary restraining order on Monday, preventing the election board from certifying the results of the vote that would ban the use of Islamic law, known as Sharia Law. The stay will remain in effect until a November 22 hearing on a preliminary injunction. The measure’s author, Republican Rep. Rex Duncan, said the amendment was not intended as an attack on Muslims, but an effort to prevent activist judges from using Islamic law in legal cases.
Legal experts questioned the logic of the measure, dubbing it an “answer in search of a problem,” noting that there is no known danger of Sharia Law overtaking the American legal system.
This isn’t the first time the Islamic community of Oklahoma – which represents less than one percent of the state’s four million residents – has complained about the state legislature’s actions. In the past they have complained about a proposal to ban Muslim women from wearing head garments in driver’s license pictures and Duncan’s rejection of a Koran as a gift from a Muslim advisory council at an official state ceremony indicated a bias against Islamic culture.
Should the judge have blocked the Sharia measure?
Well, the right wing conspiracy theory gained a bit more traction this week when a federal judge in Oklahoma City issued a temporary restraining order against a Republican-sponsored ballot measure that would have banned state courts from considering Islamic or international law when ruling on cases.
According to The Associated Press, the measure, known as “Save Our State,” was approved by voters last week by a 70 percent vote. Just days after the vote, though, Muneer Awad, executive director of the Council on American-Islamic Relations in Oklahoma, filed a federal lawsuit arguing that it was unconstitutional and that it stigmatized his religion and could invalidate his will.
The federal judge issued the temporary restraining order on Monday, preventing the election board from certifying the results of the vote that would ban the use of Islamic law, known as Sharia Law. The stay will remain in effect until a November 22 hearing on a preliminary injunction. The measure’s author, Republican Rep. Rex Duncan, said the amendment was not intended as an attack on Muslims, but an effort to prevent activist judges from using Islamic law in legal cases.
Legal experts questioned the logic of the measure, dubbing it an “answer in search of a problem,” noting that there is no known danger of Sharia Law overtaking the American legal system.
This isn’t the first time the Islamic community of Oklahoma – which represents less than one percent of the state’s four million residents – has complained about the state legislature’s actions. In the past they have complained about a proposal to ban Muslim women from wearing head garments in driver’s license pictures and Duncan’s rejection of a Koran as a gift from a Muslim advisory council at an official state ceremony indicated a bias against Islamic culture.
Should the judge have blocked the Sharia measure?
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Top Opinion
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Mack November 09, 2010 17:14:02No
+20Islamic law!? This is America!! Whatever happened to separation of state and religion? So now we are actually making it easier for sharia law to permeate the UNITED STATES Court System but god forbid we put the 10 commandments on display...ohhh no!!! Then there'd be hell to pay! F#@% THAT! Ive said it once and Ill say it again. The moment Sharia Law comes to America is the moment I arm myself, my friends, and my family to the teeth and start kicking all sorts of @$$...1775 style!
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In the event they wish to live by Sharia Law, they are welcome to do so, provided they follow the law of the land. So if they marry their 6 year old cousin, they should then be prepared to be in prison for child molestation, rape, and torture.
And then their bubba cell mate will teach them all about forbidden love. For 20 years.
Half of Nigeria follows Shariah Law, half of it does not, and look at how unstable that country is!
Shariah law doesn't bow to Federal law which even State laws must adhere to. It can't be controlled by our government and it promotes independent rule within the US which is far to risky and dangerous to ever allow.
First – the referendum very simply enforces the first amendment. Shariah law is a complete albeit much obfuscated body of law based solely on a religion. Not permitted here.
Second and the most heinous part of the order, unintended consequences: By saying that the referendum banning the use of shariah law us ‘unconstitutional’ this decision now becomes a precedent in stare decisis. Which now implicitly says that shariah CAN be used in determining legal matters.
Analyst, Ph.D.
The Ten Commandments falls under the same category.
No wonder everyone wants to come here. We are the FU*K do anything you want country.
However if judges are not allowed to take religious beliefs into consideration for muslims then they should not be allowed to do so when it comes to any other religion.
The native americans should stop being allowed to consume peyote in their native american churches.
The amish should be denied their lifestyle and any christian/jewish/any other religious organization should imediatly be taken off of ALL "tax exempt" lists!
I believe we live in America , w live by our laws!
"STATE QUESTION NO. 755 LEGISLATIVE REFERENDUM NO. 355
This measure amends the State Constitution. It changes a section that deals with the courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state law when deciding cases. It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law. International law is also known as the law of nations. It deals with the conduct of international organizations and independent nations, such as countries, states and tribes. It deals with their relationship with each other. It also deals with some of their relationships with persons.The law of nations is formed by the general assent of civilized nations. Sources of international law also include international agreements, as well as treaties. Sharia Law is Islamic law. It is based on two principal sources, the Koran and the teaching of Mohammed.
SHALL THE PROPOSAL BE APPROVED? FOR THE...
"STATE QUESTION NO. 755 LEGISLATIVE REFERENDUM NO. 355
This measure amends the State Constitution. It changes a section that deals with the courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state law when deciding cases. It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law. International law is also known as the law of nations. It deals with the conduct of international organizations and independent nations, such as countries, states and tribes. It deals with their relationship with each other. It also deals with some of their relationships with persons.The law of nations is formed by the general assent of civilized nations. Sources of international law also include international agreements, as well as treaties. Sharia Law is Islamic law. It is based on two principal sources, the Koran and the teaching of Mohammed.
SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES
AGAINST THE PROPOSAL — NO"
ref: http://www.ok.gov/elections/d...
This referendum was passed by a whopping 70 percent!
ref: Ref: http://www.ballotpedia.org/wi...
So once again, we have an out of control government placing the legal machinery of injunction upon the will of a sovereign state's population! (And at the same time, trashing the Constitution!)
However, the republicans were really "trolling" the islamist. There is no danger of sharia law overtaking the system. Why pass a law for a non-existent problem?
As far as it being a non-existent problem, well, who would have thought it would be such a struggle to protect the lives of unborn babies. How could anyone have known that it would be important to specify that men and women marry - period, or that the government has a responsibility to protect it's borders and it's citizens. No, I think Oklahoma is exactly right to be pro-active in it's defense of liberty.
All the injunction does is block the certification of the vote in to law. If it does get thrown out, nothing changes. If it is allowed, nothing changes?