Oklahoma amendment on international & Islamic law struck down

[Wandered Off]

OKLAHOMA CITY – A federal judge has issued a temporary restraining order blocking a state constitutional amendment that prohibits state courts from considering international or Islamic law when deciding cases.

U.S. District Judge Vicki Miles-LaGrange ruled Monday morning in Oklahoma City following a brief hearing. It prevents the state election board from certifying the results of Tuesday's general election in which the amendment was approved by 70 percent of the voters.

The order will remain in effect until a Nov. 22 hearing on a requested preliminary injunction.

It was issued in a lawsuit filed by the executive director of the Council on American-Islamic Relations in Oklahoma. Muneer Awad said during the hearing that the law stigmatizes his religion.

Court order blocks Okla. amendment on Islamic law - Yahoo! News

Should only laws that apply to a jurisdiction be considered when deciding legal matters there?

 

[Magic Man]

Court order blocks Okla. amendment on Islamic law - Yahoo! News

Should only laws that apply to a jurisdiction be considered when deciding legal matters there?

Yes, but I'm not sure that's the best question. To me, it sounds like this amendment is sort of a "Oh, God, let's stop them Muslims before they try to take over!". It seems pretty obvious that the courts should only go by the laws we have on the books when deciding legal matters, and there should be no need for this amendment anyway.

 

[Mister Emu]

Should only laws that apply to a jurisdiction be considered when deciding legal matters there?

Yes.

There is nothing improper with this measure, though I'm not sure it is necessary either.

 

[Revoltingest]

Court order blocks Okla. amendment on Islamic law - Yahoo! News

Should only laws that apply to a jurisdiction be considered when deciding legal matters there?

I'd say local law should rule entirely. But when local law inadequately addresses a situation, other law
could provide reasonable & applicable approach. Think of it as avoiding reinvention of the wheel.
The legislative authorities should take notice, in case they wish to alter the de juro solution.

 

[HonestJoe]

There is nothing improper with this measure, though I'm not sure it is necessary either.

It is totally unnecessary which is why it's improper. It has absolutely nothing to do with law or justice and everything to do with demonising a particular religion.

 

[9-10ths_Penguin]

Should only laws that apply to a jurisdiction be considered when deciding legal matters there?

No.

Under common law, courts often consider rulings in other "competent jurisdictions" when making their own rulings. If you read through actual court decisions, it's not uncommon for Canadian courts to cite American rulings and vice versa.

Also, I can't find the actual text of the amendment, but if the United States is a signatory to some piece of international law, then I would think that it applies just as much in Oklahoma as anywhere else, subject to the Constitution, etc.

 

[Requia]

There's also the bit the Common Law is foreign in origin (unless you're a brit). They did have the foresight to avoid banning the entire US legal system and wrote in an exception for Common law if I understand write. (a pity really, that would have been hilarious).

 

[Shadow Wolf]

I have my doubts that any Islamic laws will become state law in Oklahoma, or that most of the judges would even have a good enough since of Islamic law to make such a ruling even if they want to. I'm also in the thinking the bill was nothing more than to discriminate and say "we hate you."