American a federal appeals court recently an amendment to the controversial trial, the court decision result need further. The Oklahoma referendum on the Amendment because it is forbidden to use Iraq state judge Islamic law or international law in judgment is an Islamic organizations in violation of the Constitution on the court. Here, we introduce the legal basis for the cause and action in this case both sides.

* "save our state" amendment prosecuted *

It is called the "amendment to save our state" in November last year in Oklahoma state referendum seventy percent voter support. The amendment proposed by Rep. Rex Danke of Oklahoma before the forbidden state judges use Islamic law or international law in judgment, and the Islamic law as a teaching on the basis of the Quran and Islamic law of Mohamed.

The amendment passed, USA Islamic Relations Committee in the state of Oklahoma sued the state government, prompting the Federal District Court judge Vicki Myers Gallagher Lange issued a temporary injunction, prohibiting the state government to confirm the voting results. She pointed out that in the judgment, while carrying out the will of the voters of public interest, but maintains the citizen the constitutional rights of individuals are involved in more profound and long-term interests of the public.

American Center for Law and Justice

America Center for law and justice lawyer Jordan Sekulow

* amendment aims to strike first to gain the initiative

America Center for law and justice lawyer Jordan Sekulow (Jordan Sekulow) think, Oklahoma voters have pass the amendment, is seen as an English court concerns the situation. According to Sekulow introduction, the purpose active 85 Islamic law court: "the court not only handle divorce, inheritance and family law issues such as domestic violence, also accepted the case. In Britain, if a man beat his wife or girlfriend, in the ordinary courts, he may be sentenced to prison, but, in the Islamic law court, he is likely to be required to attend anger management classes. Due to the implementation of the law, the penalty is different."

Seccuro added, in American New Jersey, a husband beat his wife in forced wife sex after being rejected. However, the judge refused to issue an injunction husband, reason is, according to the provisions of Islamic law, husband so ask the wife is allowed, near the mosque of Imam was also allowed to give evidence in court.

Sekulow lawyers pointed out that, in view of the above, Oklahoma state lawmakers strike first to gain the initiative, propose amendments called "protect our state", to avoid the state judge the implementation of Islamic law. Reportedly, Oklahoma is home to an estimated 15000 muslims.

Sekulow said: "this amendment is not to carry out attacks on Muslims, not in the mosque or beliefs and lifestyle choices to constrain them, their behavior as long as it does not violate the criminal law there is no problem, it is very important to understand the. This amendment is not constrained to Muslims, but to prevent judges use religious law in the case, because they are not federal court or other tribunal."

Sekulow pointed out that, according to the USA constitution, the constitution is the supreme law of the country America, any other laws, including the formulation of Congress or the state legislature America law must obey American constitution.

* Islamic organization that amendment unconstitutional *

However, USA Islamic Relations Committee executive director Munir Awad (Muneer Awad) argue, Islamic law is not a law, but the social principles and norms guiding Muslim daily beliefs and life: "Islamic law taught me how to become a Muslim in their own lives in a society. Islamic law is a very important aspect, that is, it teaches us to respect the law of the country of residence. Therefore, Islamic law and the law is not American conflict. I believe in your faith, respect American law."

Awad accused the amendment only to Islam as the target, the purpose is to Muslim communities marginalized and demonize. He said: "I think we must put this lawsuit, so as to maintain the whole Muslim community and my personal rights as muslim. This amendment if implemented, could eventually become a Oklahoma official on my beliefs condemned, make people I can not enjoy in the state courts and other legal rights of the same faith."

Ronald Jackson

Awad's lawyer, Michael Salem

Awad's lawyer Michael Salem (Michael Salem) is proposed, this amendment violates the two clause of the first amendment to the constitution American. He said: "we are the legal basis, religious freedom provisions to protect the freedom of religious belief of constitution. In addition, shall establish clause to avoid government favoritism or attempted violations of a religion. We propose in this basis, because this amendment attempts to quarantine and isolation from Islam, it also violated shall establish clause."

* on the court, Islamic law dispute *

University of Denver professor Lakshmi Gore (Rashmi Goel) think, the use of Islamic law or any foreign law in the courts of the state of no problems: "Oklahoma, the former congressman is worried that the amendment, its purpose is to strike first to gain the initiative, but he is worried about the problem does not exist in fact. I think, this marks the Americans safe and does not contact with the outside world consciousness gradually increase. I'm afraid, this attitude will lead to bad decision."

The federal Tenth Circuit Court of Appeals in September 12, 2011 held a hearing on the case. Oklahoma Deputy justice minister Patrick Verick pointed out in court, the amendment applies not only to Islamic law, also applies to all international law. He points out, the state has the right to establish its own system of courts and decided to follow what the legal system, including through a constitutional amendment to ban the use of international law and Islamic law. It is reported, there are more than 20 states are considering similar bans USA.

On the other hand, some of the activities America Islamic Relations Committee has already caused the attention of officials USA. A federal court recently ruled that the Department of justice, USA provides ample evidence that, the organization involved in supporting terrorist organization Hamas plot. However, American Islamic relations commissioner categorically denied.

(case name: Awad v. Ziriax)