State wants judge to allow ban on Shariah law to proceed

[struggle4progress]

Source: Oklahoman

Published: November 17, 2010
Attorneys ask judge to allow ban on Shariah law to proceed

A voter-passed ballot measure that would ban use of Islamic law in Oklahoma courts should be allowed to take effect, attorneys for the state urged a federal district judge Tuesday. District Judge Vicki Miles-LaGrange has issued a temporary restraining order barring State Question 755 from being implemented ...

Read more: http://newsok.com/state-wants-judge-to-allow-ban-on-shariah-law-to-proceed/article/3515318

[No Elephants]

1. OMG. This is SERIES!!!!11111!!!!

Oklahoma cannot afford to have in place a temporary restraining order.

Heaven only knows what Sharia laws the Oklahoma legislature may enact during the trial!

Burka Chic malls are already opening in Tulsa (or so I hear)--and so close to Ground Zero, too!


Keep fear alive! Keep fear alive! Keep fear alive!

This post brought to you by the Republicon Committee of Oklahoma and the Koch Brothers--your only sources in the U.S. of physical, emotional, moral and religious safety. (And, you're welcome.)

[mwb970]

2. We have so many backward states.

Oklahoma, South Carolina, Mississippi, Texas, Louisiana - what exactly is wrong with the people in these places?

[no_hypocrisy]

3. Wouldn't the challenge fail on constitutional grounds?

Specifically, the equal protection clause of the Fourteenth Amendment. If the "Shariah Court Law" were invalidated, then wouldn't rabbinical counsels be equally prohibited? Orthodox Jews would be forced to remain married under Jewish law. And what about annulments from The Vatican? Same thing.

This Oklahoma law is redundant in any case. No law, religious or secular (e.g., vigilanteism) can supplant established statutes and case law of the United States.

[plcdude]

17. exactly

as well as a number of other State Questions that were on the ballot all of which I voted against. We have a long way to go to bring people up to speed about democracy, reality, etc.

[Blandocyte]

4. Also banning zombies and unicorns

A useful law.

[madrchsod]

5. what shariah laws do they want banned?

i take it that the dumb fucks who want to ban shariah law have no clue about the many differences in the shariah law.

is there something in the water in oklahoma?

[sally cat]

18. Help them decide. Which ones are OK in OK?

[Jefferson23]

6. My deepest sympathies to the sane people of Oklahoma who have

to put up with these assholes.

[harun]

7. Council of American Islamic Relations has a good summary here:

http://www.cair.com/ArticleDetails.aspx?ArticleID=26678&&name=n&&currPage=1

One interesting item this made me think of is if they ban International law, couldn't a Health Insurance company say they don't need to cover the spouses of anyone not married legally in the United States?

[Name removed]

9. Deleted message

Message removed by moderator. Click here to review the message board rules.

[harun]

11. How can a marriage contract be based on mysogynist values?

What CAIR is saying is if someone in Morroco is married, then moves to Oklahoma, that marriage contract should be considered legal in Oklahoma.

You are letting your ignorance get in the way of the reality that this is a legally impractical law.

[Bragi]

13. I reject your 'red herring' argument

The issue here is not recognizing marriages done in other countries. This has never been a problem, and raising it as the rationale for CAIR's opposition to the Okla law seems, well, something of a specious diversion.

The issue, as I understand it, is whether U.S courts should enforce marriage contracts, for example, that are based on Sharia law. Sharia law, in turn, reflects many mysogynist values, such as the right of men to order their wives about, to physically punish them, and worse.

The Okla law would simply exclude as a defense the fact that a marriage contract was entered into that reflects Sharia law.

As an aside, the more that CAIR campaigns against this supposed "idiotic" ballot result, the more I think that the proposed ban is something other than the "legally impractical law" that you and they claim it to be.

[harun]

14. You are using the term Sharia law as if it means Arab culture.

If you have problem's with Arab culture, fine, so do I. Don't stigmatize my religion by confusing the two.

[Bragi]

15. Fair point

Yes, my concern is principally with radical forms of Islam, particularly Wahhabism, which as you no doubt know, are much promoted by the Saudis and other Arab states.

And yes, I do recognize that the interpretation of Sharia law isn't the same everywhere in the Muslim world.

However, I still think it would be a bad idea to allow Sharia law to be used as an argument, or in a ruling, in a U.S court.

(I also think it would also be a bad idea to use dictates in the Bible, or in any other religious book, in U.S courts.)

On the matter of the Okla. ballot, I think it was provocative and probably legally unnecessary, given the First Amendment, but the more CAIR fights it, the more I wonder about the future role CAIR sees for Sharia law in U.S courts.

[Turborama]

20. Which "other Arab states" promote Wahabism?

Or is this another guess?

And what's that minority cult got to do with Muslims getting married?


ETA for some perspective:



Source of that diagram: http://www.facebook.com/photo.php?pid=7171026&id=607062673

[Bragi]

21. Noted. Nice infograph. /nt

[avebury]

8. SQ755 also would outlaw the Ten Commandments from being used in the courts

The Ten Commandments were developed in another part of the world (ban on international law would kick in)within another culture. A unique side effect of the unexpected consequences of this SQ.

[Bragi]

10. They are already "outlawed"

My understanding is that, because of the First Amendment, neither the 10 commandments nor any other religious injunction can be cited and used in deciding court cases in the U.S.

Am I wrong on that?

[fascisthunter]

12. this is wildly Stupid and Bigoted

congrats OK... glad I do not live there.

[LeftishBrit]

16. Yes, I'm sure that Shariah law is a big problem in Oklahoma!

:sarcasm:

[lunasun]

19. Ok must be a very money rich state that it can waste taxpayers $$ on such BS