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Now the Islamic takeover can continue!
"(CNN) -- A federal judge Monday blocked an amendment to Oklahoma's state constitution that would bar the use of Islamic religious law in state courts after American Muslims challenged the proposal in court.
Oklahoma voters approved the amendment in last week's elections by a 7-3 ratio. But the Council on American-Islamic Relations challenged the measure as a violation of the First Amendment to the U.S. Constitution, and U.S. District Judge Vicki Miles-LaGrange issued a temporary restraining order Monday morning that will keep state election officials from certifying that vote."
http://www.cnn.com/2010/POLITICS/11/...ss_igoogle_cnn
Yes, this thread is a direct response to heynow21's: http://www.pocketfives.com/f13/proud...ia-law-606443/
Still proud to be an Oklahoman?
Doubt you'll be proud when the Islamic flag flies at the State Capitol! You're all f*cked now!!!! LOLOLOLOLOLOL -
Aren't you guys scurred?
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So you can cut off your wife's head and all you have to say is I'm Muslim. Nice
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^^^^
doesn't understand anything about anything -
I, for one, welcome our new Oklahoman Muslim Overlords . . . and I would like to remind them that certain, sympathetic posters here in OT would be invaluable in helping them to assert their dominanace in this sub-forum . . . furthermore . . . whats that? . . . total BS? Oh . . . well,
never mind then. -
" Is it even Constitutional under the United States Constitution? I doubt that too".
Post number 71 in previous thread. -
For the sake of argument, that poster could have been distinguishing from the dreaded OK Constitution
Edited By: userid363 Nov 9th, 2010 at 02:21 AM
Reason: Ok, looked at that post. I understand now. -
I can tell you that poster thought the Amendment will be held unconstitutional under the US Constitution. He doesn't know much if anything about the OK Constitution. He said in an earlier post that it was overly broad. Amazingly similar to the argument the plaintiff is making now.
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Typical liberal tactic overturn the will of the people via the courts. If the 'American Muslims' = CAIR, they're unindicted co-conspirators for supporting terrorist financially, bunch of scumbags.
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As interrupted by a liberal lawyer/judge, yup that's the will of the people.
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lol. Yeah, I'll grant you that you thought it might be unconstitutional. But then again, you read the law to say that Sharia law can't be referred to (considered) in any way in a court of law in OK. Given that interpretation, unconstitutional is a slam dunk
Originally Posted by Willywoo
I can tell you that poster thought the Amendment will be held unconstitutional under the US Constitution. He doesn't know much if anything about the OK Constitution. He said in an earlier post that it was overly broad. Amazingly similar to the argument the plaintiff is making now.
Given that the OK law would mean that it's the only state in the country that couldn't uphold international contracts and treaties, what would you say the point of the law would be? -
"Specifically, the courts shall not consider international or Sharia law."
Yep. That's the way I read it. -
Shall not consider its legal precepts (as rule of law), though, which is different than considering a person's belief in those precepts
Edited By: userid363 Nov 9th, 2010 at 06:46 AM
For the layperson: This does not mean that you can claim "Muslim" to get out of criminal conduct -
Oh you mean precepts, like it being okay to have non consensual sex with your wife. If a court can't consider the precept or the law it can't consider the belief in that law. Seems rather obvious but whatever.
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Come on, now, I know you know the difference between using Sharia law as the rule of law and using a person's subjective belief of the law to show a person's state of mind
Edited By: userid363 Nov 9th, 2010 at 07:14 AM
And yes, you could use a person's belief that it's ok to have nonconsensual sex with your wife, if it was relevant. Just so happens that it's not relevant to any situation I can readily think of.
But really, let's not put this forth in a way that people would misunderstand and think that it could negat intent
And I would put $$$ on the fact that the SC will interpret it as being about using Sharia as the rule of law -
lol you just won't quit. Tell me how a court can consider someone's belief in law that it is prohibited from considering. Once again, it seems obvious that if you were going to show your belief in a law, you would have to show what the law is and that is exactly what is prohibited. Your distinction between a law and a belief in that law is meaningless, especially when the court cannot consider the law in the first instance.
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Damn, I thought we had a meeting of the minds on the difference between using Sharia law as rule of law (e.g., because the Muslim did not consider nonconsensual sex w/ wife, he is not guilty of rape), and using the belief in Sharia law (e.g., the Muslim was held to harbor intent to stone his adultering wife based on his belief that Sharia law requires it, despite his claim that the rock slipped out of his hand).
Edited By: userid363 Nov 9th, 2010 at 07:34 AM
If we can't be clear on this simple legal differentiation, we are unable to discuss it, and God help you in court
Reason: And yes, I am a lawyer, though I don't practice law -
I get it. You read the amendment more narrowly than I do. Neither one of your examples uses Sharia law as a rule of law, both examples use a person's belief in Sharia law as a basis for determining intent. You can't be as stupid as you pretend to be, can you? Part of your issue is that you want to believe something so badly that you won't let your mind open up a little.
You never answered the question as to how court could use someone's belief in a law if the court was prohibited from considering that law in the first instance. Instead you reverted right back to your intent examples in an attempt to differentiate between a rule of law and a belief in a law as if it is some great legal distinction and it's not. I'm telling you that when a court is prohibited from considering a law, it will never get to the intent based on that law because the law that the person believes in will never be brought into the court. When you think of an example that proves this wrong let me know. Until then I will be happy for the people of Portland that you don't practice law. -
I read it in the most logical way. It would be absurd to say that there is a certain set of beliefs that, if relevant, are inadmissible.
Wrong. The first example rules that the person is innocent based on what Sharia law says is acceptible. This is using Sharia law as the rule of law, which the NJ court accidently did.Originally Posted by Willywoo
Neither one of your examples uses Sharia law as a rule of law, both examples use a person's belief in Sharia law as a basis for determining intent.
Perfect example of what I don't like about the internet. Oh well.... cum laude, Law Review, 2nd tier law school, blah blah blah. God I hate having to do that.
The definition of ironyOriginally Posted by Willywoo
You can't be as stupid as you pretend to be, can you? Part of your issue is that you want to believe something so badly that you won't let your mind open up a little.
I'm sorry you are having trouble, really. A person's belief in the law and their state of mind can be relevant even when the court will not rule that this same law determines the outcome. -
Edited By: Willywoo Nov 9th, 2010 at 08:30 AM*Originally Posted by userid363
I read it in the most logical way. It would be absurd to say that there is a certain set of beliefs that, if relevant, are inadmissible.
This is as far as I needed to read. Relevant evidence is often times inadmissible, for instance, evidence that a party is insured, evidence of post remedial measures, hearsay, and settlement discussions. These are all examples of relevant evidence being deemed inadmissible because of other policy considerations. So when you say it's absurd that relevant evidence would be inadmissible you are putting your ignorance on display. I'm surprised you didn't learn this in law review or even evidence class.
Wrong. The first example rules that the person is innocent based on what Sharia law says is acceptible. This is using Sharia law as the rule of law, which the NJ court accidently did.
No, the first example uses the person's belief in Sharia law as a basis to negate intent. Using Sharia law as a rule of law would be to apply the Sharia law against charging interest in a case in which one was attempting to collect interest on debt and one party argued that the because the contract was made pursuant to Sharia law, interest is prohibited.
Perfect example of what I don't like about the internet. Oh well.... cum laude, Law Review, 2nd tier law school, blah blah blah. God I hate having to do that.
haha. Yea, you probably didn't want to do that. Look at the bright side, at least you didn't reveal the name of law school you went to.
I'm sorry you are having trouble, really. A person's belief in the law and their state of mind can be relevant even when the court will not rule that this same law determines the outcome.
It sure can and it can also be excluded because of other policy considerations, for example, the Oklahoma Amendment.
Reason: friggin formatting -
ME: I'm sorry you are having trouble, really. A person's belief in the law and their state of mind can be relevant even when the court will not rule that this same law determines the outcome.
Edited By: userid363 Nov 9th, 2010 at 08:35 AM
YOU: It sure can and it can also be excluded because of other policy considerations, for example, the Oklahoma Amendment.
Please give me an example where a person's beliefs are excluded by matter of law. Not because they are irrelevant, but because it is illegal to admit this type of belief. None of your examples had anything to do with a plaintiff/defendant's belief system -
I just did. The Oklahoma Amendment. Another example would be a person's belief, if formed from other inadmissible evidence like hearsay. Or how about this one:
Rule 610. Religious Beliefs or Opinions Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced.












