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EDITORIAL: Shariah in America’s courts
The Washington Times ^ | January 11, 2012 | Editorial

Posted on 01/11/2012 6:41:21 PM PST by jazusamo

Koranic law: Coming to a city near you

A panel of federal judges has ruled that states cannot protect their courts from jurists who base their decisions on international or Koranic law. America needs better judges.

On Tuesday, the 10th Circuit Court of Appeals upheld a federal district court order blocking implementation of an amendment to the Oklahoma constitution that sought to ban judges from using international or Muslim law as a basis for deciding cases. The amendment was approved in November 2010 by a 70 percent popular vote but has never been enforced. Plaintiff Muneer Awad, executive director of the Oklahoma branch of the Council on American-Islamic Relations (CAIR), argued that the amendment infringed on his First Amendment rights. The appeals court agreed.

It should be obvious that judges shouldn’t look outside the laws and traditions of their jurisdictions when deciding cases, but in the liberal judicial-activist framework, anything goes. Whether it’s the latest thinking from the United Nations or Muslim activists, the currently fashionable, best-selling dogma of social science or simply random emanations of penumbrae, the modern activist jurist doesn’t feel bound by stuffy conventions like a literal reading of the law, the intent of the legislature that passed it or the hoary old hand of precedent. Indeed, judicial activists only value precedent when they read a novel doctrine into case law and then demand it be given reverence by all who follow.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Editorial; Government
KEYWORDS: 10thcircuit; awad; cair; court; courtofappeals; islam; koraniclaw; lawfare; muneer; muneerawad; muslimactivists; muslims; ok; oklahoma; sharia; shariah; shariahlaw; sharialaw; ussharia

1 posted on 01/11/2012 6:41:29 PM PST by jazusamo
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To: jazusamo

So now Muslims will be allowed to kill their wives and daughters? But Christians still can’t celebrate Christmas and Jews Hanukkah.


2 posted on 01/11/2012 6:45:14 PM PST by SkyDancer ("If You Want To Learn To Love Better, You Should Start With A Friend Who You Hate")
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To: All

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3 posted on 01/11/2012 6:54:12 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: SkyDancer

It’s pathetic, lets hope SCOTUS puts a stop to this.


4 posted on 01/11/2012 6:56:51 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: jazusamo; Impy; fieldmarshaldj; GOPsterinMA; randita; Cindy

We’ll need a new national anthem.

http://www.youtube.com/watch?NR=1&v=Q3tHYb4_bAg&feature=endscreen


5 posted on 01/11/2012 7:03:04 PM PST by Clintonfatigued (Illegal aliens collect welfare checks that Americans won't collect)
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To: jazusamo
Stephen G. Breyer mused…It shouldn’t be so difficult to tell judges to do the right thing.

Funny it always has been.

As a general rule judges are a stubborn bunch. They are smart, they have fantastic memory and they know it.

They form their opinions and they stick to them come H@LL or high water.

These Liberal judges need to reigned in but quick before they take our Republic down the path to ruin.

6 posted on 01/11/2012 7:03:35 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: jazusamo

Our nation is too big to be managed. Time for folks to part ways. Let New York and California have Islamic law, and leave the God-fearing folks out of it.


7 posted on 01/11/2012 7:03:49 PM PST by risen_feenix
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To: jazusamo

The court made its decision, now let them to try to enforce it. Let’s see how that works out for them.


8 posted on 01/11/2012 7:10:50 PM PST by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: risen_feenix
Let New York and California have Islamic law, and leave the God-fearing folks out of it.

The 10th Circuit covers New Mexico, Utah, Colorado, Wyoming, Kansas, and Oklahoma. What's your point about California and New York?

9 posted on 01/11/2012 7:15:39 PM PST by onceone
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Please bump the Freepathon or click above and donate or become a monthly donor!

10 posted on 01/11/2012 7:33:28 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: jazusamo

Pandora’s box has now been fully opened by Amerika’s Judicial Oligarchy.


11 posted on 01/11/2012 7:35:39 PM PST by bimboeruption (Clinging to my Bible and my HK.)
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To: jazusamo
to ban judges from using international or Muslim law as a basis for deciding cases.

Stupidly I thought that judges are given laws of the land that are made by elected representatives of the people of this land - and not by someone from afar, coming from a different culture. Thailand has lese majeste laws; should a US judge be free to pick that one and convict a US citizen for using unapproved verbal expressions while referring to the King? Or perhaps we want to be governed by North Korean laws, all hail to the Glorious Leader?

12 posted on 01/11/2012 7:58:41 PM PST by Greysard
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To: Greysard
This issue has nothing to do with criminal or statue law. It has to do with contract law. Judges deal with international law all the time in this country, since we do have companies who enter into contracts with foreign companies. For example, an Oklahoma company enters into a contract with a German company, they decide to use German Law as the basis of the contract, but disputes will be decided in the Oklahoma court system. Now if Oklahoma's legislators decide this cannot be done in their state, than the local business owner then must have contract disputes heard somewhere else. Another example of stupid politicians interfering in business. As to religious law, it is referenced in American courtrooms all the time in regards to church property or contracts between devout followers of a sect. Hell, you can enter a contract using the rules of Parchese as the basis for the contract. Then courts will use the rules of Parchese to adjudicate any disputes.
13 posted on 01/11/2012 10:06:53 PM PST by gusty
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To: SkyDancer

So is this the beginning of American dhimmitude?


14 posted on 01/11/2012 11:25:44 PM PST by Karliner ( Jeremiah 29:11, Romans 8:28, "...this is the end of the beginning."WC)
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To: jazusamo

These judges should have been required to watch “The Stoning of Suraya M.” before rendering their decision.


15 posted on 01/12/2012 9:18:24 AM PST by Inwoodian
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