Legislator's proposal would ban use of Sharia law
BY BILL SHERMAN World Religion Writer
Sunday, July 18, 2010
7/18/10 at 6:08 AM
Read more about Oklahoma’s upcoming elections.
A proposed amendment to the Oklahoma Constitution that would ban Sharia law in the state court system is either a pre-emptive strike against encroaching Islamic law in the U.S. or an expression of Islamophobia, depending on who you ask.
State Rep. Rex Duncan, R-Sand Springs, authored State Question 755, which requires state courts to rely only on federal and state laws when deciding cases, and forbids courts to consider international law or Sharia law. It will appear on the Nov. 2 general election ballot.
Duncan said he proposed the constitutional change because federal judges are increasingly embracing the idea that federal courts should look to international law to settle U.S. cases.
"I find that offensive," he said.
As he looked into it, he said, he found some U.S. courts also are relying, to a lesser degree, on Sharia law, the Islamic law system.
He said he was unaware of any Oklahoma cases based on either international law or Sharia law.
"I would describe this as a pre-emptive strike," he said. "We don't want to let it get a toe-hold."
Razi Hashmi, executive director of the Oklahoma chapter of the Council on American-Islamic Relations, said the proposal is motivated by hate for Muslims.
He said Duncan has a history of anti-Muslim bigotry, including backing a proposal to ban Muslim head scarfs on drivers license photos and refusing to accept the Quran as a gift.
"A law such as this sends us backwards, and is really bad for business, especially in an oil state that deals with the Middle East," he said.
"These are Muslim countries. They won't want to do business with a state that's hateful and bigoted. It sends the wrong message, that Muslims aren't welcomed here and that we don't respect their faith."
John Swails, director of the Center for Israel and Middle East Studies at Oral Roberts University, said Sharia law is a compilation of laws from the Quran, the Islamic holy book, from the teachings of Muhammad, and from biographies of Muhammad. It has been honed into its present shape by centuries of precedent.
He said Sharia law is "pretty well solidified" but differs somewhat between Islamic nations.
Swails, who will teach two courses on Islam this fall at ORU, said he supports the Oklahoma proposal because he sees some evidence of a move across the U.S. to embrace Sharia law, although not in Oklahoma.
He said he opposes Sharia law because it does not provide for freedom of religion, and does not protect the equal rights of women.
"They'll tell you it provides religious freedom, but that's true only if you're a Muslim," he said.
Sandra Rana, spokeswoman for the Islamic Society of Tulsa, called the state question a "non-issue."
"I don't know why anyone feels we should spend valuable time and resources on this. There are so many other important issues that need to be addressed," she said.
She added that Muslims are required by their faith to abide by the laws of the land.
"We're Americans," she said.
Westerners concerned about Sharia law often point to Britain, which in recent years sanctioned powers for Sharia judges to rule on cases involving divorce, domestic violence and other family disputes.
Rowan Williams, the Archbishop of Canterbury, caused a furor when he said the establishment of Sharia law "seems unavoidable" in Britain.
Hashmi acknowledged that Sharia law is practiced in England but only family law and only with the agreement of both parties. He said Sharia law cannot supercede the law of England.
He said he knows no American Muslims who would like to see Sharia law implemented in the U.S.
But Nuredin Giayash, principal of Peace Academy, Tulsa's Islamic school, said American Muslims would like to see Sharia law in the U.S. but only in the limited areas of marriage, divorce and inheritance, not criminal law, and applied only to Muslims.
Unlike the U.S., with its uniform laws for all faiths, he said, Muslim nations allow Christians and Jews to follow their own laws in family matters.
He said U.S. Muslims do not want the U.S. to adopt Sharia criminal law, with its harsh punishments such as amputation of a hand for stealing or stoning for adultery.
Duncan said he expects State Question 755 to pass by 80 percent or more.
Bill Sherman 581-8398
bill.sherman@tulsaworld.com
Associated Images:
AT ODDS
Rex Duncan and Razi Hashmi: Duncan wrote SQ
755 about using only federal and
state laws in adjudication. Hashmi calls it hate.
AT ODDS
Rex Duncan and Razi Hashmi: Duncan wrote SQ
755 about using only federal and
state laws in adjudication. Hashmi calls it hate.
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