U.S. judge bars Oklahoma from implementing anti-Sharia law
Oklahoma’s attorney general is reviewing the decision of a U.S. judge that bars the state from adopting a measure that would ban its state courts from considering Sharia law under any circumstances.
U.S. District Judge Vicki Miles-LaGrange ruled on Thursday that the measure, contained in an amendment to the Oklahoma state constitution, violated the freedom of religion provisions of the U.S. Constitution. Sharia law is based on Muslim principles.
Gadeir Abbas, staff attorney for the Council, said that dozens of similarly discriminatory and unconstitutional bills had been introduced in other state legislatures.
“It is our hope that, in finding this anti-Islam law unconstitutional, lawmakers in other states will think twice about proposing anti-Muslim laws of their own,” said Abbas.
Defenders of the amendment have said they want to prevent foreign laws in general, and Islamic Sharia law in particular, from overriding state or U.S. laws. »»» FaithWorld
U.S. Court decisions involving criminal law have NEVER taken foreign laws into account. It is only in civil law cases that U.S. Courts apply the provisions of foreign contracts but even then only those provisions that are not contrary to U.S. federal and state laws concerning public order and morals. Thus there is no legal reasons whatsoever to have laws that specifically ban references to foreign laws in contract disputes (including marriage and adoption cases). The principle is settled law: No one may, in a private undertaking, do anything that is contrary to public law and public order. These anti-shari’ah laws would make it impossible for two business men to stipulate that a breach of contract would be subject to shari’ah principles or to the laws of the place where the contract was signed if that country’s legal system was based on shari’ah law.
ยป 17 August 2013
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