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HJR 1040

Oklahoma Constitution; courts; application of law; Sharia law; ballot title; filing.

2026 Regular Session Introduced by David Bullard and 1 co-sponsor

Proposes Oklahoma constitutional amendment prohibiting courts from applying Sharia law, requiring exclusive application of state and federal law, to be decided by voters.

Second Reading referred to Rules
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Bill Summary · HJR 1040

Legislative bill overview

HJR 1040 is a joint resolution proposing a constitutional amendment that would prohibit Oklahoma courts from applying Sharia law (Islamic jurisprudence) and require courts to apply only Oklahoma and federal law. The bill would add language to the Oklahoma Constitution restricting judicial authority to these secular legal frameworks and would be submitted to voters as a ballot measure.

Why is this important

Constitutional amendments shape the fundamental legal framework governing a state. This proposal directly addresses concerns about judicial application of foreign legal systems, though legal scholars debate whether such protections are necessary given existing constitutional structures. The measure would require voter approval and could influence how courts interpret religious law in certain civil disputes involving religious communities.

Potential points of contention

  • Constitutional necessity: Critics argue existing constitutional provisions already prevent courts from applying foreign laws, making this amendment redundant; supporters contend explicit language provides necessary clarity and protection
  • Religious liberty implications: Concerns that the amendment could limit courts' ability to recognize or accommodate religious practices in family law, inheritance, and arbitration contexts; proponents argue it protects secular legal principles
  • Specificity and unintended consequences: The explicit mention of Sharia law raises questions about whether similar restrictions should apply to other religious legal systems, and whether the language could affect recognized religious arbitration or mediation practices

Compiled from official sources — confirm details with the bill’s official record.

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