( CNN ) -- A federal judge will hear arguments Monday on a temporary restraining order against an Oklahoma referendum that would ban the use of Islamic religious law in state courts . Oklahoma voters approved the amendment during the November 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 November 8 that will keep state election officials from certifying that vote . `` What this amendment is going to do is officially disfavor and condemn the Muslim community as being a threat to Oklahoma , '' Muneer Awad , executive director of CAIR 's Oklahoma chapter and the lead plaintiff in the suit , said earlier this month . In addition , he said , the amendment would invalidate private documents , such as wills , that are written in compliance with Muslim law . The amendment would require Oklahoma courts to `` rely on federal and state law when deciding cases '' and `` forbids courts from considering or using '' either international law or Islamic religious law , known as Sharia , which the amendment defined as being based on the Quran and the teachings of the Prophet Mohammed . In bringing suit , CAIR argued that the amendment violates both the establishment and free-exercise clauses of the First Amendment 's guarantee of religious freedom . Awad has said the amendment passed `` under a campaign of fearmongering '' about Islam . The entire U.S. Muslim population is about 2.4 million -- less than 1 percent of the country , according to a 2009 survey by the nonprofit Pew Forum on Religion and Public Life . But supporters said a New Jersey case , in which a judge refused to grant a restraining order against a Muslim man whose wife accused him of raping her repeatedly , made it necessary for Oklahoma to take action to keep Islamic law from being imposed there . The New Jersey decision , in which the family court judge found the husband was abiding by his Muslim beliefs regarding spousal duties , was overruled by an appellate court . But in automated phone messages in support of the amendment , former CIA Director and Oklahoma native James Woolsey warned that there was a `` major campaign in Europe to impose Sharia law '' and that Islamic law `` is beginning to be cited in a few U.S courts . ''
Oklahoma voters approve an amendment barring the use of Islamic law in state courts . A U.S. district judge issued a temporary restraining order on the ban earlier this month . The measure was blocked by federal judges who said it would violate their religious beliefs and block them from practicing their religion. Backers cite a judge 's refusal to grant a restraining order against a husband accused of rape .