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A Constitutional Battle: Shari’ah’s Uphill Climb


blogsense-by-barb

sharia

Shari’ah’s Uphill Climb

by John Witte Jr.

A constitutional battle over Muslim family law has begun. In November 2010, Oklahoma voters approved a state constitutional amendment banning the use of Muslim Shari’ah and other international laws in its state courts. This was a direct rejoinder to other Western nations allowing Muslim citizens to enforce Muslim marriage contracts in state courts and to resolve family law issues before Shari’ah tribunals without state interference. Oklahoma’s citizens wanted none of it, and they voted to ban the use of Shari’ah altogether. Twelve other states are discussing comparable measures.

Everything IslamIn January 2012, however, a federal appeals court upheld a lower federal court injunction of Oklahoma’s amendment. Singling out a specific religious law for special prohibition, the court of appeals concluded, violated the First Amendment Establishment Clause and unjustifiably injured Oklahoma’s Muslim citizens. This leaves Oklahoma courts with a stark choice: allow Muslims to use…

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2 Responses

  1. Oklahoma has it right. There is no way the use of International or Sharia Law should ever enter a Federal or State Court.

    • The United States, under the reign of king Barak Hussein Obama, is headed for converting to a Muslim country…because a lot of state and federal courts are allowing the defendant to use “I am a Muslim and I did this because of my religion, I was just doing what allah told me to do, I stand on the first amendment”…then some judges allow it…state governors need to pass a state law that disallows any foreign law to be used in that state…

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