Oklahoma voters in November will have the opportunity to approve what would be the first statewide ban on the use of Islamic law within their state court system.
The proposal was advanced in the just-closed Oklahoma legislative session by Rep. Rex Duncan, who volunteered for active duty following 9/11 and served 16 months as a Special Forces officer on duty assignments in the Middle East and Africa.
He said the proposal would amend the state constitution to define the law and precedents that can be used in the state's court system, including federal law and the U.S. Constitution, state law and the state constitution.
But not international law. And not Islamic religious Shariah.
"It's pre-emptive,….It allows the people the opportunity to amend our state constitution."
House Joint Resolution 1056 would set requirements for the state court system so that they would "uphold and adhere to the law" in the national and state constitutions, federal regulations and state law.
The move is not fear-mongering, either, he insisted, because of judges who already have cited international law or court precedent in making their decisions. He also pointed to demands by Muslims in some countries to adopt and establish their own laws.
In many places in the United Kingdom, procedures to handle complaints by or about Muslims under Shariah already are in place, he said.
"They have now allowed Shariah courts for the purposes of resolving [disputes]," he said. Reports say nearly half a dozen Shariah courts already have been set up in the U.K.