46 Suffolk U. L. Rev. 159

Where Angels Fear to Tread: Islamic Arbitration in Probate and Family Law, a Practical Perspective

PdfPDF by Evan M. Lowry · February-24-2013 · Categories: Notes, Number 1, Print Edition, Volume 46

In 2010, voters in Oklahoma overwhelmingly approved an amendment to the Oklahoma State Constitution that barred the consideration of “international law or Shari’a Law” in Oklahoma state courts. Before it took effect, a Muslim named Muneer Awad successfully challenged the law by arguing that it rendered his Shari’a-compliant will unenforceable and infringed upon his First Amendment rights. Before the Tenth Circuit struck down the “Save Our State” amendment, legislatures in as many as twenty states proposed similar legislation. It is clear from this trend that a portion of the American public finds the idea of substituting religious law for civil law in American courtrooms disconcerting. What many of the proponents of “Save Our State” and similar legislation may not realize [...]