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Oklahoma Ban on Shariah is Unconstitutional

Tuesday, 09 November 2010 19:30 By Liaquat Ali Khan Share Link: by L. Ali Khan and Jasmine Abou-Kassem On November 2, 2010, an overwhelming majority of Oklahoma citizens (slightly more than 70%) approved State Question (SQ) 755, as a state constitutional amendment, forbidding Oklahoma courts from “considering or using” international law or Shariah law. Oklahoma State Representative Rex Duncan, the amendment’s principal author, characterized the Shariah as a “cancer that must be removed with a preemptive strike.” A petition has already been filed with the United States District Court to seek a temporary restraining order against the enforcement of SQ 755. It remains to be seen whether the federal courts will strike down the amendment under the supremacy clause of the United States Constitution. This commentary highlights the practical implications and legal effects of SQ 755 to conclude that the Oklahoma courts would be unable to surgically remove the Shariah from the myria