The 10th Circuit Court in Denver, Colorado today upheld an injunction against the implementation of Oklahoma SQ 755, a constitutional amendment that instructed judges not to consider foreign laws in making their decisions, it included sharia law, I believe, in that it is the ruling order used in a number of Islamic countries and is the basis for their laws. The amendment passed overwhelmingly in the fall of 2010. The amendment reads, 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.”
In their brief, the court ignored that Muneer Awad, the director of Oklahoma's chapter of CAIR, an outgrowth of the Muslim Brotherhood infrastructure in the U.S., did not actually demonstrate any harm from the amendment (he merely claimed he would be). The court, for some reason, agreed with him. Yet, they said the state failed to show a compelling interest because there weren't any problems sharia law has caused and faulted them for it! So, if I read this right, the state had to show a problem first and Awad didn't. An imam in Oklahoma City claimed in a local paper he 's testified in court many times about Islamic code which should be reviewed for this important case. Maybe he should be deposed to get more information about these many cases. Where is the Oklahoma Attorney General's office here?
I also noticed the court didn't distinguish sharia practices (Islamic religious guidelines) from sharia law, which could be a big mistake. In fact, they may have ignored, or were not aware, Awad appears to use the two terms interchangeably in his brief bluring the difference. This may have been intentional. These two terms should be made crystal clear by the court.
Shortly after SQ 755 passed, Muneer Awad claimed on national TV its success was based on a campaign of fear, hate and violence, a blatantly false statement. There was not one incident of violence that I am aware. Awad also uses non stop name-calling bullying tactcs that continues to this day. The hipocrisy in this is so clear when you review CAIR's campaign against school bullying, which includes verbal intimidation and harrassment! They use the very tactic they call bullying.
State Sen. Anthony Sykes, who led the Senate's effort to bring this amendment to a public vote issued a statement emphasizing this matter is, and will continue to be, an on-going effort:
“On Tuesday the federal appeals court in Denver attempted 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. How far will the people let them go? This ruling is right along with legalizing abortion and forced busing of school children.”“The issue raised by this constitutional amendment is very simple – you are either for Sharia law or you are against it.”>
“This is just the first battle in an ongoing effort. Although the courts have attempted to silence the voice of the people, I won’t let that happen. I’ll continue fighting to restore government to the people.”
The case goes back to Oklahoma federal court who will decide on the constitutionality of the law, itself. I worry a court will unwittingly rule in favor of sharia law which will be used by Muslim activists in the future to advance the use of it in the U.S.
A number of other states are also considering bans on foreign laws.
Post on Muneer Awad