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Thread: Oklahoma to Pass Laws Prohibiting Islamic Sharia Laws to Apply

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    Oklahoma to Pass Laws Prohibiting Islamic Sharia Laws to Apply

    I love the idea of this, if only such a law was enacted on the federal level. Of course I am sure some loons will say the proposed law is Islamic or xenophobic. But **** those loons, I am pretty sure that they have nothing to base their claim on. Foreign period law should have no bearing on a domestic case. I could care less if for example we decided to copy everyone one of Mexico's anti-illegal immigration laws, a judge should not look to see how Judges in Mexico handle those cases.

    I find it odd that the title ABC used blatantly left out the the international laws being banned in their title, perhaps this is deliberate.


    Oklahoma to Pass Laws Prohibiting Islamic Sharia Laws to Apply - ABC News

    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.

    snip....

    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."
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

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

    Sharia Law is inherintely anti-democratic and unconstitutional in most Western Democracies. Sharia Law is simply Anti-Freedom. I am NOT Anti-Islam or Anti-Muslim. But I find Sharia law Barbaric and Ireprehensible.

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

    How often is Sharia used by judges to decide cases? This sounds like something done just for popularity, since really, it has zero real effect on anything.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

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

    Quote Originally Posted by Redress View Post
    How often is Sharia used by judges to decide cases? This sounds like something done just for popularity, since really, it has zero real effect on anything.
    I do not know about Sharia law but a SC judge has used foreign laws to shape her opinions in U.S. cases.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

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

    Shariah law is already banned by the 1st amendment, this is just grandstanding.

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

    Quote Originally Posted by rathi View Post
    Shariah law is already banned by the 1st amendment, this is just grandstanding.
    Grandstanding...that is the word I was trying to think of. Thank you.
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    Re: Islamic Sharia Law to Be Banned in, ah, Oklahoma

    Quote Originally Posted by rathi View Post
    Shariah law is already banned by the 1st amendment, this is just grandstanding.
    If you read the article you would know that is not the only thing being banned but also applies to international law as well.
    Last edited by jamesrage; 06-14-10 at 11:18 PM.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

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

    Slightly OT, but many of the large U.S. banks have offered Shariah compliant banking for several years. Pre 9/11 even. They have just never really advertised the services very much.

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

    Funny... So I am guessing that they will ban Jewish law and native American courts too right? If not, then it is another racist xenophobic attempt by the far right in the US.
    PeteEU

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

    Page two would have been nice:

    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.

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