Court: Oklahoma can’t enforce Sharia law ban

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A federal appeals court upheld an injunction against a voter-approved ban on Islamic law in Oklahoma on Tuesday, saying it likely violated the U.S. Constitution by discriminating against religion.

A three-member panel of the Denver-based U.S. Tenth Circuit Court of Appeals ruled unanimously that the rights of plaintiff Muneer Awad, a Muslim man living in Oklahoma City, likely would be violated if the ban on Sharia law takes effect.

The decision upholds the ruling of a lower federal court.

“While the public has an interest in the will of the voters being carried out … the public has a more profound and long-term interest in upholding an individual’s constitutional rights,” the appeals court said in a 37-page written decision.

The Washington, D.C.-based Council on American-Islamic Relations welcomed the ruling, calling it “a victory for the Constitution and for the right of all Americans to freely practice their faith.”

Oklahoma’s “Save Our State Amendment,” which was approved by 70 percent of state voters in 2010, bars Oklahoma state courts from considering or using Sharia law.

The lawsuit challenging the measure was brought by the American Civil Liberties Union on behalf of Awad, who is director of the Oklahoma chapter of CAIR.

A federal judge in Oklahoma City issued a court order in November 2010 barring the measure from taking effect while the case is under review, finding a substantial likelihood that Awad would prevail on the merits.

The Council said the Oklahoma amendment is among 20 similar proposed laws introduced in state legislatures nationwide.

Defenders of the amendment say they want to prevent foreign laws in general, and Islamic Sharia law in particular, from overriding state or U.S. laws.

But foes of the Oklahoma measure, also called State Question 755, have argued that it stigmatizes Islam and its adherents and violates the U.S. Constitution’s First Amendment prohibition against the government favoring one religion over another.

State Senator Anthony Sykes, one of the measure’s sponsors, called the decision an attempt “to silence the voice of 70 percent of Oklahoma voters. At some point we have to decide whether this is a country of, by and for the judges, or of, by and for the people.”

Opponents also say it could nullify wills or legal contracts between Muslims because they incorporate by reference specific elements of Islamic prophetic traditions.

Chicago Tribune/ Reuters

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10 responses to “Court: Oklahoma can’t enforce Sharia law ban”

  1. Hannibal Avatar

    Are you f….. kidding me? Any religious law should be banned and why should we treat you any different? Wherever you people go you cause trouble and mayhem. 

  2. Are you f….. kidding me? Any religious law should be banned and why should we treat you any different? Wherever you people go you cause trouble and mayhem. 

  3. FadiAbboud Avatar
    FadiAbboud

    If you you want Sharia Law, go back to the middle east. 

  4.  Avatar

    If you you want Sharia Law, go back to the middle east. 

  5. Chief Box Avatar

    It will never happen, this is about Separation of State and “Church, Mosque, Synagog, or which ever God one wants to be oppressed by”. I agree with Fadi, if you want to be oppressed go to Saudi Arabia, Iran or other ignorant countries that want to use religion as a facade to oppress freedom. Governments that use religion want to enforce their way, and are no better than dictatorship or tyrannies. (see Europe during the Crusaders, the Islamic Empire, Israel, etc.) 

  6. Chief Box Avatar

    It will never happen, this is about Separation of State and “Church, Mosque, Synagog, or which ever God one wants to be oppressed by”. I agree with Fadi, if you want to be oppressed go to Saudi Arabia, Iran or other ignorant countries that want to use religion as a facade to oppress freedom. Governments that use religion want to enforce their way, and are no better than dictatorship or tyrannies. (see Europe during the Crusaders, the Islamic Empire, Israel, etc.) 

  7. Chief Box Avatar

    It will never happen, this is about Separation of State and “Church, Mosque, Synagog, or which ever God one wants to be oppressed by”. I agree with Fadi, if you want to be oppressed go to Saudi Arabia, Iran or other ignorant countries that want to use religion as a facade to oppress freedom. Governments that use religion want to enforce their way, and are no better than dictatorship or tyrannies. (see Europe during the Crusaders, the Islamic Empire, Israel, etc.) 

  8. FadiAbboud Avatar
    FadiAbboud

    Sharia Law is making its way in the U.K.
    http://news.bbc.co.uk/2/hi/7232661.stm 

  9. See how open minded those 10th circuit judges are but still lots of people in Middle East do not like the Laws of the West. Can any Arab judge has the balls to rule against any Sharia Rules, they will be hanged instantly.

  10.  Avatar

    See how open minded those 10th circuit judges are but still lots of people in Middle East do not like the Laws of the West. Can any Arab judge has the balls to rule against any Sharia Rules, they will be hanged instantly.

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