Notwithstanding what some Oklahomans think, the authors of the U.S. Constitution were adamant in their belief that religion ought to be kept well apart from government.
That belief was recently upheld by a federal judge. And it had nothing to do (at least directly) with the Ten Commandments.
In 2010, Oklahoma voters, by a whopping 70 percent, approved State Question 755, which forbade the use of Shariah law (or any international law) in Oklahoma courts. It was quickly challenged as unconstitutional, which led to the ruling last month by U.S. District Judge Vicki Miles-LeGrange. She ruled the law a violation of the Establishment Clause.
Passing the state question wasn't all that difficult. There already was an undercurrent of distrust of Muslims and the proponents of the question capitalized on it. State Question 755 was the "Save Our State" amendment. Now, who could not be for saving our state?
Warning
Then the telephone calls and radio campaign warned listeners that if the question were not passed, Muslim law could soon take over the state's courts. They even cited "evidence" by pointing out that a judge on the East Coast had ruled against a woman over her husband by citing Shariah Law.
That misguided ruling was quickly overturned but proponents of SQ 755 neglected to point that out.
Nevertheless, anti-Muslim fervor pushed SQ 755 to easy victory at the polls.
The fact is, even according to the lawyers defending the law, there has been no case in Oklahoma where a judge or jury used or cited Shariah law or any other culture or nation's laws. The U.S. Constitution as well as Oklahoma law takes precedent over a law such as Shariah.
It's not difficult to alarm some people about Shariah. And it is almost impossible to convince them that it is a religious code for living much like the Bible offers a moral code for Christians.
It also consists of four schools from liberal to conservative. The most liberal school is somewhat open to modern ideas while the more conservative schools adhere to strict laws.
Uh-oh
Some of the tougher laws are extreme, at least by Western standards. For instance, the most severe punishments are leveled against pre-marital sex, sex by divorced persons, post-marital sex, adultery, false accusation of unlawful intercourse, drinking alcohol, theft and highway robbery. These offenses carry the punishment of being stoned to death.
Now we can understand why so many Americans are frightened by Shariah law.
There have been horrible stories of such law being meted out in Muslim countries. Women have been stoned to death.
Such punishments, however, will not take place in the United States. Again, there is that Constitution that forbids cruel and unusual punishment and unlawful imprisonment.
As much as some hate the Establishment Clause, they would defend the next part of the First Amendment, the "Exercise Clause," which forbids the government or anyone from interfering with the exercise of a person's chosen religion.
That, by the way, includes all religions, not simply Christianity.
Americans are no more going to accept the use of Shariah in their courts than they would the Ten Commandments. No one will be punished in court because they played golf or mowed the lawn Sunday and didn't keep the Sabbath holy (Fourth Commandment).
Covetousness
And the 10th, concerning covetousness ("You shall not covet your neighbor's house; you shall not covet your neighbor's wife ... nor his ox, nor his donkey, nor anything that is your neighbor's"), could cause some problems for many of us. Note the part about owning an ox as well as a wife. There's misogyny in most all religious books.
Oklahoma, as well as other states (North Carolina being the latest) isn't giving up easily on protecting us from some imagined threat such as Shariah. Earlier this year, the Legislature passed and Gov. Mary Fallin signed a similar statute. This one stands a better chance (but not much) in court because it doesn't dwell so much on Shariah but all foreign laws.
How that might affect companies in the state signing contracts with foreign companies is unclear.
So the battle against Shariah law and the insult continues to almost 20,000 law-abiding Muslims living, working, raising families and worshipping in Oklahoma.
When will we understand that it is not the religion that is evil but those who use the religion in the acts of violence and intolerance?
Living by the Constitution, the Bible or the Quran is a difficult but worthy goal. Too bad more people don't try it.
Mike Jones, 918-581-8332
mike.jones@tulsaworld.com
Original Print Headline: Boo!
Column - Jones
What is a college athlete worth?
I recently was involved in a brief but interesting mini-debate with a colleague over energy production and the environment.
CONTACT THE REPORTER
918-581-8332
Email
