Shariah law banned in Oklahoma

Oklahoma’s State Question 755, which prohibits state judges from resorting to International Law or the Shariah Law while passing judgments has been passed by an overwhelming margin – 76% Yes, 24% No.

In trying to ban Islamic law from encroaching into Oklahoma, the voters have in effect banned an important provision of the US Constitution itself. I shall demonstrate in the following paragraphs.

The proposition to amend the Oklahoma constitution was authored by StateRepresentative Rex Duncan, a Republican, who has a history of religious bigotry. He tried to ban the headscarf from driver’s licenses and refuses to take the Quran as a gift. His motivation to ban Shariah law, according to him a pre-emptive strike, stems from the fear that some judges are allowing out of court settlements and arbitration that allows Muslims (usually in divorce cases) to come to an understanding based on their religious beliefs.

Critics of Shariah in Oklahoma argue that they also oppose the Shariah law because it is against freedom of religion. In this age, when ignorance and bigotry are being celebrated in America, I am sure that most people in Oklahoma must have missed the irony in the situation.

The key sentence in the State question 755 is: It forbids courts from considering or using international law. It forbids courts from considering or using Shariah Law. The proposition also bans international law. To consider how ignorant both the authors and the voters of the proposition are, please take a look at Article Six, Section I, Clause II of the US constitution. It is called the supremacy clause.

According to this clause, international treaties to which the U.S. government is a signatory become “the supreme law of the land”. Treaties, along with custom and UN declarations are the main sources of international law (the proposition 755 actually mentions it). Thus by rejecting international law the proposition designed to institutionalize Islamophobia in Oklahoma, has effectually said “thanks, but no thanks” to the U.S. Constitution.