Robert Spencer

|

Pamela Geller

|

Bat Ye'or

|

Brigitte Gabriel

|

Daniel Pipes

|

Debbie Schlussel

|

Walid Shoebat

|

Joe Kaufman

|

Wafa Sultan

|

Geert Wilders

|

The Nuclear Card

Court: Oklahoma Ban on Islamic Law Unconstitutional

Posted on 10 January 2012 by Amago

Muneer Awad is seen in this Nov. 2010 photo by Jim Beckel.   Read more: http://newsok.com/court-oklahoma-ban-on-islamic-law-unconstitutional/article/3639122#ixzz1j5mvtpPF

For those who don’t know, the Constitution is the law of the land. Just making sure!

Court: Oklahoma ban on Islamic law unconstitutional

OKLAHOMA CITY (AP) — An amendment that would ban Oklahoma courts from considering international or Islamic law discriminates against religions and a Muslim community leader has the right to challenge its constitutionality, a federal appeals court said Tuesday.

The court in Denver upheld U.S. District Judge Vicki Miles-LaGrange‘s order blocking implementation of the amendment shortly after it was approved by 70 percent of Oklahoma voters in November 2010.

Muneer Awad, the executive director of the Council on American-Islamic Relations in Oklahoma, sued to block the law from taking effect, arguing that the Save Our State Amendment violated his First Amendment rights.

The amendment read, in part: “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.”

Backers argued that the amendment intended to ban all religious laws, that Islamic law was merely named as an example and that it wasn’t meant as a specific attack on Muslims. The court disagreed.

“That argument conflicts with the amendment’s plain language, which mentions Sharia law in two places,” the appeals court opinion said.

The court also noted that the backers of the amendment admitted they did not know of any instance when an Oklahoma court applied Sharia law or used the legal precepts of other countries.

Awad argued that the ban on Islamic law would likely affect every aspect of his life as well as the execution of his will after his death. The appeals court pointed out that Awad made a “strong showing” of potential harm.

“When the law that voters wish to enact is likely unconstitutional, their interests do not outweigh Mr. Awad’s in having his constitutional rights protected,” the court said.

 

  • Ilisha

    @Géji

    I agree with what you’ve written, though I also don’t entirely blame people for misreading some of the loons. They are professional con artists.

    Sometimes sanitized articles appear in unlikely places, and if the reader isn’t aware of the context, someone like Irshad Manji can come off as reasonable, at least to her target audience.

    Believing Atheist conceded his initial position on Tarek Fatah was mistaken, and I interpeted a comment on another thread to mean he now sees Namazie for what she is. I don’t hold this against him, as long as he doesn’t resume his support for them. We all make mistakes.

  • http://www.muslimamerica.net/ma/dominion.htm Hajj Dawud

    Jack Cope writes: the ‘Sharia’ we see today is so deviant, so corrupted, that it is almost that we have to wipe the slate clean.

    That’s what’s happening in the eastern hemisphere, as expected for 1400 years.

  • http://www.bandofstrangers.org Jack Cope

    Believing Atheist;

    I was making the statement in general and not to one specific person or post since I haven’t been reading the thread.

    Now… secularism and Islam… I think there are two issues. The first is people trying to make Islam ‘palatable’ to the ‘western audience’ and I think that is wrong. The second is what one considers ‘secularism’.

    All in all, and as the article I shared the other day (http://thepenofawanderingstranger.com/personal/most-islamic-countries-in-the-world-are-non-muslim/ I feel really bad to keep pimping this article but it is very very good) points out, ‘secular’ states tend to be more ‘Islamic’. I can take or leave secularism but in this day and age I think it is, to paraphrase Churchill, the worst apart from all the others.

    I think that ‘secularism’ is all well and good as a step towards an ‘Islamic’ government. Frankly I feel that the so called ‘Islamic’ states of today would do well to prove that they can handle ‘secularism’ before they dare try something as complex as an Islamic state.

    As your man points out this is becuase the ‘Sharia’ we see today is so deviant, so corrupted, that it is almost that we have to wipe the slate clean. Indeed, in some respects even the word ‘Islam’ has become so dirty it will be hard to save and bring back to how it should be. Will secularism help us clean the slate? In some respects I think so, but not all.

    Jack

  • Believing Atheist

    @Jack Cope,

    I say this with all due respect but I can’t figure out what you mean by self declared experts telling you about your faith? I quoted a Muslim who is telling you about Islam. That Muslim is Abdullah al-Naim, who believes Sharia is incompatible with human rights and international law. He was a disciple of another Muslim named Mahmoud Mohammad Taha. Taha was also against Sharia and believed it did not fit within the context of Islam. He was executed for his beliefs in Sudan. You can learn about him here.
    http://www.newyorker.com/archive/2006/09/11/060911fa_fact1

    Sharia in its present form is a deviation from the Quran. For instance, the Quran does not punish apostasy in this life but numerous Muslim schoalrs have tainted Islam to such an extent that they have given opinions and fatwas that call for the execution of apostates. That is a corruption of the Quran.

    I will agree that Maryam Namazie may be biased but al-Naim is a devout Muslim and believes in secularism. The same was true of Taha.

  • http://www.bandofstrangers.org Jack Cope

    “And BTW @Believing Atheist, at the end of the day – *Islam* – is for Muslims, not others, and definitely NOT for Islamophobes – thus, the people who are best equipped to define “it” and what “it” means, will always be the MUSLIMS, not others, and certainly NOT those who despise “it”. Keep that in mind at anytime when you’re speaking of Islam.”

    Well said… I get fed up of self declared ‘experts’ thinking they can tell me about my faith.

    Jack

  • Géji

    > “Opinions from “ex-Muslim” Maryam Namazie??? No thanks.”

    Lol, Amin for that @llisha, that’s exactly what I’ve told him. I don’t know why he seem to think that we should value the opinions of Jahilist Islamophobe such as Maryam Namazie. Unfortunately more often than not, in his desperate attempt to “win” battles that aren’t even there to begin with, Believing Atheist tend to keep on bringing as arguments the opinions of people who clearly despise Islam, such as her, or other rabid Islamophobes knows as Bernard Lewis and Richard Dawkins. Its like asking Atheists to consider the opinions of people with extreme anti-Atheism view, on Atheism, now would that be reasonable??? — So here are some disturbing quotes from Believing Atheist’s Idol, Ms “One Law For All” Jahilist- ugh!!

    1)—” In fact, terrorism is justified and encouraged in Islam…. The Koran is full of verses supporting terrorism.” — Namazie

    2)—”The veil is not just another piece of clothing. I suppose if it were to be compared with anyone’s clothing it would be comparable to the Star of David pinned on Jews by the Nazis to segregate, control, repress and to commit genocide” –Namazie

    ——————-

    So basically Believing Atheist’s Jahil Idol not only is linking Islam to terrorism, but the broad section of Islam that regards the hijab as a religious requirement is compared directly to Nazism.

    But just for the record, and I’ve said this many times, I don’t think Believing Atheist means harm, but his posts sure does show a lot of confusion, stubbornness and quarrelsomeness, especially on subject relate to Islam, which neither he nor his “mentors” knows jack-sh*t about.

    And BTW @Believing Atheist, at the end of the day – *Islam* – is for Muslims, not others, and definitely NOT for Islamophobes – thus, the people who are best equipped to define “it” and what “it” means, will always be the MUSLIMS, not others, and certainly NOT those who despise “it”. Keep that in mind at anytime when you’re speaking of Islam.

  • HGG

    @Robert P

    “Bush didn’t win against Kerry! He was crowned president by the US Supreme Court”

    You’re thinking of the previous election, Bush vs. Al Gore, in 2000.

    The election Senor is talking about was in 2004, and he’s completely right in his analysis. Bush got a clear victory in that election.

  • Ilisha

    @Believing Atheist

    At least you’re consistent about the legal system, and not singling out Sharia.

    Opinions from “ex-Muslim” Maryam Namazie??? No thanks.

    Islamophobia Watch has done a few articles exposing her, and here is one:

    Maryam Namazie and her allies
    http://www.islamophobia-watch.com/islamophobia-watch/2011/8/19/maryam-namazie-and-her-allies.html

    Islam Watch and militant atheist Muslim hater Richard Dawkins publish her work:

    Veiling and Sexual Apartheid
    http://islam-watch.org/MNamazie/Veiling_Sexual_Apartheid.htm

    What isn’t wrong with Sharia law?
    http://richarddawkins.net/articles/486470-what-isn-t-wrong-with-sharia-law

    Like Tarek Fatah, she is sometimes can’t even manage to get along with her fellow loons:

    Maryam Namazie, antisemitic supporter of jihad against Israel, claims to be anti-jihad, lies about Spencer, Geller, SIOA

    In any case, she’s not credible to me, and neither is Irshad “the reformer” Manji.

  • http://www.muslimamerica.net/ma/dominion.htm Hajj Dawud

    Although not directly related to the Oklahoma attempt to criminalize Islam, the U.S. Supreme Court yesterday (January 11) announced a major decision protecting religious liberty in the United States.

    Chief Justice Roberts delivered the opinion for a unanimous Court. In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, a minister was discharged from the Lutheran ministry, for cause, and was consequently terminated as a teacher at the church school. The EEOC sued the church, and the Supreme Court ruled that the First Amendment prohibited the secular government from attempting to overturn ministerial decisions related to the “secular” function of “teaching” performed by ministers. In other words, not only could the EEOC not interfere in church administration, but it could not even go to court to attempt to do so.

    This is a major victory for religious liberty in America. It exactly parallels the Qur’an’s prohibition against interfering in the way other communities administer their affairs. Once again the Supreme Court has made clear that the “separation of church and state” ~ an Islamic law reflected in 1400 years of recorded history ~ prohibits secular authority from telling people of faith how to live within their respective religious communities.

    The Supreme Court’s Opinion is worth reading ~ it recounts the history of religious liberty from the battles in England to the establishment of the Colonies, the Constitution, and the First Amendment. The history shows, unequivocally, that America was founded and established as a “Christian” country without the Roman Empire’s imposition ~ by the sword ~ of “official” religion on people who did not believe in that religion (notably Jewish people and later, during the Reconquista, muslims and everyone else as well).

    The “Hosanna-Tabor” Opinion also has particular relevance for Muslim America. We are currently in the Washington State Supreme Court because this little Town of Springdale is trying to prohibit us from providing housing for an indigent homeless substitute teacher, a religious mandate and a ministerial exercise that the Town is trying to prohibit with “building codes” that violate the State Building Code (which explicitly accommodates this common practice by Christian churches all over the State). We’ve been fighting this battle in the courts for nearly two years, and would have had to have spent (so far) over a quarter of a million dollars had we not been able to do the legal work ourselves. In Hosanna-Tabor, the church has been supported by religious and liberty-oriented institutions across the country ~ Jewish, Christian, muslim, Hindu, and secular; here in Springdale, without secular-certified lawyers and doctorates and any fund-raising or “public relations” offices, we’ve had a somewhat different (but very enjoyable) experience with a Spokane television news show.

    (Skeptics and those “inspired” to cast doubt in our direction may wish to look at Stevens County Case 10-2-00155-5 and Supreme Court Case 854173 before they start crying “Proof! Proof!” as if this forum were some kind of courtroom where everything has to be proven except what they write.)

  • Believing Atheist

    @llisha

    Yes llisha, I oppose Rabbinical courts in the U.S. and all over the world as well. I do not believe in a parallel system of jurisprudence or government. In the U.S. we are one people, under one government and hence we should follow one law for all.

    The reason I am afraid of religious courts including sharia courts is because I see them as a threat to a civil and humane society. For instance the report I am about to cite (from One Law for All) states: “The very existence and legitimization of Sharia courts puts pressure on vulnerable women not to assert their civil rights in a British court. As long as Sharia Councils and MATs are allowed to continue to make rulings on issues of family law, women will be pressured into accepting decisions which are prejudicial to their rights and those of their children.”
    http://www.onelawforall.org.uk/wp-content/uploads/New-Report-Sharia-Law-in-Britain.pdf

    This is but one illustration. The report has more.

    This article by Maryam Namazie wraps it up quite clearly:
    http://www.guardian.co.uk/law/2010/jul/05/sharia-law-religious-courts

    @Geji

    I will try to understand your point of view and take your words into consideration but for the sake of reciprocity I ask that you try to understand my position as well. If you disagree with it that’s fine with me but at least you know where I am coming from and what I am basing my opposition to Sharia on.

    The Islamic scholar, human rights activist and law professor Abdullah al-Naim, believes that Sharia is not compatible with international law in its present form. He seeks an Islamic amendment of Sharia to make it compatible with international law and human rights. Until this is done I cannot accept Sharia law in its current form.

    Please see this book on pg 187.
    http://books.google.com/books?id=XjBuV2AAzHIC&pg=PA187&lpg=PA187&dq=abdullahi+al+naim+sharia&source=bl&ots=72hcjktsiD&sig=HMyve-CQKDlC95c3DkbLiHN-ka0&hl=en&sa=X&ei=O14OT4ekMMnf0QGH_ZmHAw&ved=0CDIQ6AEwAg#v=onepage&q=abdullahi%20al%20naim%20sharia&f=false

    And also see pg. 5 of professor al-Naim’s thesis paper. I will quote a brief line from it
    “However. he maintains that certain aspects of the
    Sharia are inconsistent with current standards of human rights. and cannot he reformed within the tradition framework and methodology of the Sharia.”
    http://digitool.library.mcgill.ca/view/action/singleViewer.do?dvs=1326342680867~897&locale=en_US&show_metadata=false&VIEWER_URL=/view/action/singleViewer.do?&DELIVERY_RULE_ID=6&adjacency=N&application=DIGITOOL-3&frameId=1&usePid1=true&usePid2=true

Advertise Here
Advertise Here