Is It Legal To Bar Sharia Law From State Courts?

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Sharia Law is as wrong for us as Nazism. I don’t understand the problem here. Instead of talking about Sharia Law, let’s tell these judges that we’re going to follow the Bible instead of the Constitution. They will be quick to ban that.

A federal appeals court in Denver is poised to hear arguments regarding the use of Sharia law in state court, a day after the somber ceremonies commemorating the 10th anniversary of 9-11.

A panel of judges from the 10th Circuit Court of Appeals will eventually decide whether a lower court judge was correct in blocking a 2010 ballot initiative forbidding Oklahoma courts from considering Islamic laws in the their decisions.

Sharia law is broadly defined as a body of law based on Islam and its central religious text, the Quran.

The ballot measure passed by a 70 percent margin but was immediately challenged by the Council on American-Islamic Relations (CAIR). The group argued the measure violates the Establishment Clause of the Constitution forbidding the government from favoring one religion over another.

U.S District Court Judge Vicki Miles-LaGrange blocked the measure in November 2010, ruling that any harm that would result from a delay in certifying the election results is “minimized” because the defendants were “not aware of any situation where Sharia Law has been applied in an Oklahoma court.” Judge Miles-LaGrange said that the challengers were likely to succeed on the merits of their case going forward.

In court documents defending the constitutionality of the measure, lawyers for the Oklahoma Attorney General said its “principle purpose” was to ban the Oklahoma courts from looking at the “precepts of other nations or cultures.”

They argue in court papers that the measure does not single out Sharia law. “The measure bans, equally, all laws from other nations or cultures, including, but not limited to international law and Sharia law,” according to the court papers.

But opponents of the measure say it “stigmatizes Islam.” Read more here: Can Sharia Law be barred?

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