How often is Sharia used by judges to decide cases? This sounds like something done just for popularity, since really, it has zero real effect on anything.
Shariah law is already banned by the 1st amendment, this is just grandstanding.
If you read the article you would know that is not the only thing being banned but also applies to international law as well.Shariah law is already banned by the 1st amendment, this is just grandstanding.
Legal experts contacted by ABC News said they did not know of one instance of a judge in the U.S. invoking sharia in rendering a decision.
"Cases of first impression are rare," said Jim Cohen , a professor at the Fordham University School of Law in New York City, adding, "I have never heard of a case" involving sharia.
Cohen added that he questions whether the proposed amendment would pass constitutional muster.
"Our federal system and our state system is in part governed by the concept of separation of powers. It's far from clear that the Oklahoma legislature can restrict what a separate branch of government can consider in terms of doing its job – in this case, deciding cases," he said.
Funny... So I am guessing that they will ban Jewish law and native American courts too right? If not, then it is another racist xenophobic attempt by the far right in the US.
Funny... So I am guessing that they will ban Jewish law and native American courts too right? If not, then it is another racist xenophobic attempt by the far right in the US.
Funny... So I am guessing that they will ban Jewish law and native American courts too right? If not, then it is another racist xenophobic attempt by the far right in the US.
"It should not matter what France might do, what Great Britain might do, or what the Kingdom of Saudi Arabia might do," Duncan said. "Court decisions ought to be based on federal law, or state law."
Funny... So I am guessing that they will ban Jewish law and native American courts too right? If not, then it is another racist xenophobic attempt by the far right in the US.
Slightly OT, but many of the large U.S. banks have offered Shariah compliant banking for several years. Pre 9/11 even. They have just never really advertised the services very much.
Xenophobic, sure. But I don't see this as racist. Islam is not a race, but a culture.
Well, Native American tribunals have their own respective laws and precedents, however, they also must adhere to the laws of the US within a degree - what degree, I don't know. But they are an intricate part of our country, we're wrapped together.
Jewish law? What law is that and what country does that center around?
This legislation is merely trying to keep judges from saying "In Italy they ___" or "In Czechoslovakia they would ____" . . . even "In Israel they would ____ and ____" - They're saying that *no* other country's laws should be considered - only *us* laws.
Some places in the U.S. have a thing about salt --- so it's banned. Most states have a thing about smoking --- so that's banned. Many have a thing about texting while walking/driving - so that's banned. Oklahoma has a thing about Sharia law...
Some places in the U.S. have a thing about salt --- so it's banned. Most states have a thing about smoking --- so that's banned. Many have a thing about texting while walking/driving - so that's banned. Oklahoma has a thing about Sharia law...
And that is exactly what Sharia law and those who want to use it have to do. Sharia law has been used in the US among the Muslim community for years if not centuries. As long as what they are doing is within the legal framework of the US justice system, then there is nothing to prevent them from doing it if both parties agree. .
I wouldn't even call it xenophobic since it represents the rejection of a legal institution -- a profoundly illiberal one at that.
Funny... So I am guessing that they will ban Jewish law and native American courts too right? If not, then it is another racist xenophobic attempt by the far right in the US.
And that is exactly what Sharia law and those who want to use it have to do. Sharia law has been used in the US among the Muslim community for years if not centuries. As long as what they are doing is within the legal framework of the US justice system, then there is nothing to prevent them from doing it if both parties agree. It is no different than Jewish courts in the US, who use Jewish religious law in disputes such as divorce and financial matters.
Jewish religious law. As long as both parties agree on using it, and it is within the framework of US law, and the legal aspects of US law are followed, then nothing prevents them from doing so.
Jewish religious courts have existed in the US, and Europe for centuries.
And so what? Judges have used other countries rulings as inspiration in interpretation of laws passed by the legislative, who btw, OFTEN use other countries laws and ways as motivation for the freaking laws and rules they are passing.. so it is more to do about nothing and more fearmongering and xenophobia by the US right.
Basically they still pissed over Rove VS Wade...
.....however they should not and are not allowed to force those laws on others even in their own religion.
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