Sharia Law and the Constitution

On November 2, 2010, Oklahoma voters approved a ballot initiative that would forbid state courts from considering Islamic law, otherwise known as Sharia law, in reaching decisions.

Six days later, a federal judge temporarily blocked the law from going into effect while she considers a lawsuit challenging its constitutionality.

Muneer Awad, an Oklahoma Muslim and executive director of the state’s Council on Islamic-American Relations (CAIR) filed suit last month against Oklahoma’s recently approved ballot measure that bans Sharia law in the state.

Mr. Awad says it is all about his “constitutional rights,” and a ban on international law and Sharia Law is “an enduring condemnation of Islam.”

After Awad’s lawsuit, a judge put a temporary restraining order on the law, and in a hearing on November 22nd extended the injunction, which expires November 29th.

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Reason behind the ban:

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In the November 2010 election, Oklahoma voters approved a referendum (officially known as State Question 755) that would add one new paragraph to the Oklahoma Constitution.

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Among other things, that paragraph states, quoted:

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The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law.

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Reason behind the Law suit:

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The Islamic community in Oklahoma has complained about the past actions of the state legislature, including a proposal to forbid Muslim women from wearing head garments in driver's license photos and refusing to accept a Koran from a Muslim advisory council at an official state ceremony.

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Proponents of the anti-Islamic law measure have cited a New Jersey family court judge's decision not to grant a restraining order to a woman who was sexually abused by her Moroccan husband and forced repeatedly to have sex with him.

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The judge ruled that her ex-husband felt he had behaved according to his Muslim beliefs and that he did not have "criminal desire to or intent to sexually assault" his wife.
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Muneer assures Oklahomans that there is no "threat of an Islamic takeover of state courts." He also states that Oklahoma is singling out Islam.

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Therefore, not allowing Sharia to dictate law is against his First Amendment rights.

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It’s a fascinating case and- -in my opinion- -not a slam dunk for either side.

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But even if the law is upheld, it could lead to some strange consequences.
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We’ll find out more as Awad’s lawsuit makes its way through the courts.

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Sources: Fox News & Internet.