On Being Blog

Oklahoma, Elections, and Shari’ah Law

by Shubha Bala, associate producer

The crescent-topped dome of Masjid An-Nasr peeks through trees of a residential neighborhood in Oklahoma City. (photo: Andrew Shockley/Flickr)

Hailing from Canada, where referendums are few and far between, I’m fascinated by some of the questions on the U.S. ballots. This year I was particularly interested in Oklahoma ballot measure 755 [bold emphasis mine]:

“This measure amends the State Constitution. It changes a section that deals with the courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state law when deciding cases. It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law.

International law is also known as the law of nations. It deals with the conduct of international organizations and independent nations, such as countries, states and tribes. It deals with their relationship with each other. It also deals with some of their relationships with persons.

The law of nations is formed by the general assent of civilized nations. Sources of international law also include international agreements, as well as treaties.

Sharia Law is Islamic law. It is based on two principal sources, the Koran and the teaching of Mohammed.

Shall the proposal be approved?

For the proposal

Yes: __________

Against the proposal

No: __________ “

The amendment passed, with 70 percent in favor. Haroon Moghul of Religion Dispatches wrote an amused and hopeful piece from a Muslim perspective. For starters, he addresses some of the misunderstandings about Shari’ah law by explaining what it isn’t, and what it is:

“What most Americans don’t realize is that we already have interpretations of Shari’ah law in our country; or, at least, interpretations of the personal, moral, and ethical components of the law, operating off of individual choice and will. When Muslims pray, they are following interpretations of Shari’ah. Fasting in Ramadan. Giving in charity. Even a smile, the Prophet Muhammad said, is charity. So what this means in real terms is entirely beyond me…”

At a time where civility may be harder to find, I was heartened by his surprisingly optimistic note for the future. A view, however, which is probably out of reach for Muneer Awad, director of the Oklahoma chapter of the Council on American-Islamic Relations, who filed a lawsuit (PDF of petition) challenging the constitutionality of the measure. A preliminary hearing before U.S. district court judge Vicki Miles-LaGrange is scheduled for today.