tag:blogger.com,1999:blog-22980286.post4214060872929209561..comments2024-03-28T10:26:20.408-04:00Comments on Ponderings on a Faith Journey: Sharia in America? Oh NO!Robert Cornwallhttp://www.blogger.com/profile/04581876323110725024noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-22980286.post-40194081757435508802010-11-12T18:34:44.398-05:002010-11-12T18:34:44.398-05:00Rial,
You would need to point out what those are ...Rial,<br /><br />You would need to point out what those are and we could discuss them individually. But I am unaware of any provisions which we might want to look at offhand.<br /><br />JohnJohnhttps://www.blogger.com/profile/06245470576919732592noreply@blogger.comtag:blogger.com,1999:blog-22980286.post-64370608338673091602010-11-12T17:58:40.024-05:002010-11-12T17:58:40.024-05:00Are you talking about the probated woman's rig...Are you talking about the probated woman's rights Rial? We were here longer for goodness sake! (...yes dear, we're just being silly).Davidhttps://www.blogger.com/profile/16496392728357471483noreply@blogger.comtag:blogger.com,1999:blog-22980286.post-18405262667390244862010-11-12T10:42:58.265-05:002010-11-12T10:42:58.265-05:00I know I'm taking this conversation in a new d...I know I'm taking this conversation in a new direction--and I'll get to John's response shortly--but the "anti-international" part is also troubling. Of course the Supreme Court's Justice Kennedy--a conservative appointee--somewhat frequently refers to international legal precedents in his decisions. Jurists from the right have taken him to task for these references, and I wonder if their ire is more fuel for this legislative fire.Marvel Boyhttps://www.blogger.com/profile/10812921336368652995noreply@blogger.comtag:blogger.com,1999:blog-22980286.post-60920265369461101672010-11-12T09:30:23.748-05:002010-11-12T09:30:23.748-05:00I wanted to take this opportunity to point out tha...I wanted to take this opportunity to point out that John has taken his comment top-side, so to speak -- and expanded it in a guest post. I'd encourage readers to turn to that piece for additional analysis.<br /><br />Thanks,<br /><br />BobRobert Cornwallhttps://www.blogger.com/profile/04581876323110725024noreply@blogger.comtag:blogger.com,1999:blog-22980286.post-37920985956982646172010-11-12T07:40:07.185-05:002010-11-12T07:40:07.185-05:00John,
I understand as a premise what you said. Wh...John,<br /><br />I understand as a premise what you said. What I was hoping you might comment on was:<br /><br />"It may very well be that some elements of Sharia law might be well worthy of being transformed and adopted."Rial Hamannhttps://www.blogger.com/profile/03699562673971135291noreply@blogger.comtag:blogger.com,1999:blog-22980286.post-87986190377704616322010-11-11T08:23:52.268-05:002010-11-11T08:23:52.268-05:00Rial,
Here is the heart of the new law, Oklahoma&...Rial,<br /><br />Here is the heart of the new law, Oklahoma's State Ballot Question 755:<br /><br />The [Oklahoma courts], when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia Law. . . .<br /><br />My personal response, from a technical perspective is that the new law is absolutely unConstitutional. The kinds of analysis which will shoot down the law include the fact that it does not have a secular purpose, that its primary effect advances and inhibits religion, and that it fosters an excessive government entanglement with religion. Further, the State doesn't even have a legitimate purpose in banning the use of Sharia law, except the bare desire to harm a politically unpopular group. <br /><br />Other bases include the violation of the Full Faith and Credit provision which require a State to give full faith and credit to the law of other states (and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law,); the Due Process Clause, the Commerce Clause, the Impairment of Contracts Clause,... State Ballot Question 755 simply cannot stand scrutiny.<br /><br />On a personal level, I see the passage of the new law as an expression of Christian counter-Sharia, stemming from a mindset of fear and panic, which has been stoked by fascist leaning media and politicians into a horrific and wholly un-American anti-Muslim frenzy. <br /><br />The Nazi misadventure was theologically rooted in the notion of the divinely wrought Aryan Nation. The American fascist movement is theologically rooted in the notion of the divinely wrought American Exceptionalism. I think that one of the core tenets of fascism is the notion that the demand for strident nationalism trumps civil rights, especially the civil rights of minorities whose very existence has been identified as threatening to the welfare of the divinely inspired nation. <br /><br />For the Nazi’s, the primary threat to the Aryan nation was identified as coming from the Jews and the Gypsies and the handicapped, and from non-Aryans in general, and from those who would seek to protect them. For the contemporary American fascists the current threat to our nation is perceived to be from Muslims and homosexuals and illegal aliens (and maybe still from blacks, Jews and Catholics, as in former years), and those who would seek to protect them. <br /><br />Make no mistake about it, the Republican Party is being led by and has begun promulgating a fascist agenda. Having identified the threat from minorities within our boarders, their objective is to vilify them at every turn and see to the systematic dismantling of their civil and human rights, and that this targeting against internal minorities is being undertaken in the name of patriotism (the Patriot Act) and American Exceptionalism. <br /><br />JohnJohnhttps://www.blogger.com/profile/06245470576919732592noreply@blogger.comtag:blogger.com,1999:blog-22980286.post-80690959745059269932010-11-10T17:00:54.722-05:002010-11-10T17:00:54.722-05:00People in this country need to realize that our &q...People in this country need to realize that our "laws" are a compromise of many legal systems and codes. It may very well be that some elements of Sharia law might be well worthy of being transformed and adopted.<br /><br />John - I invite your comment.Rial Hamannhttps://www.blogger.com/profile/03699562673971135291noreply@blogger.com