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Judge in Florida Orders use of Islamic Law in Tampa Lawsuit

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Inuyasha
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22 Mar 2011, 10:45 am

http://www.tampabay.com/news/courts/civ ... 158818.ece

I thought liberals said stuff like this wasn't going to happen...



ruveyn
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22 Mar 2011, 11:09 am

Inuyasha wrote:
http://www.tampabay.com/news/courts/civil/article1158818.ece

I thought liberals said stuff like this wasn't going to happen...


From the article...
The judge said he would use Islamic law to decide only the legitimacy of arbitration.


Nothing wrong with that. As long as both parties to agree by the decision of the religious court (that would apply to Orthodox Jews as well a Muslims) it stands as proper arbitration. At no point was statute law displaced or over ridden in favor of religious law.

Voluntary arbitration is recognized in all the States, I believe and it is recognized as an extension of contract law. Obviously arbitration does not extend to criminal matter.

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Chronos
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22 Mar 2011, 11:23 am

Inuyasha wrote:
http://www.tampabay.com/news/courts/civil/article1158818.ece

I thought liberals said stuff like this wasn't going to happen...


If both parties agreed that the case would be decided by Islamic law, and doing so would not contradict state of federal laws with respect to the outcome of the ruling, then there isn't anything wrong with this, however in this case, this is inappropriate because one of the parties does not consent to the use of Islamic law is seems, and I doubt the judge is qualified to rule on Islamic law due to his probable lack of education on it.

Muslims are not the only ones in this country with religious courts, by the way. Orthodox jews, chasidic jews especially, have their own religious courts.



Inuyasha
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22 Mar 2011, 11:38 am

Both parties are not agreeing though. The party being sued is against this (ironically the one saying this is out of line is the mosque).



Dantac
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22 Mar 2011, 1:46 pm

Quote:
Markus Wagner, a professor of international law at the University of Miami School of Law, said it is not improper for a judge to use foreign law in an arbitration if all the parties agree to do so.

"If we both sign a contract agreeing to be governed by German law, then Florida courts will interpret German law," he said.


Last I checked islamic law is not separate from religion thus it is invalid in any US court of law as it breaches separation of church and state.



ruveyn
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22 Mar 2011, 3:00 pm

Dantac wrote:
Quote:
Markus Wagner, a professor of international law at the University of Miami School of Law, said it is not improper for a judge to use foreign law in an arbitration if all the parties agree to do so.

"If we both sign a contract agreeing to be governed by German law, then Florida courts will interpret German law," he said.


Last I checked islamic law is not separate from religion thus it is invalid in any US court of law as it breaches separation of church and state.


However the use of Islamic (or Jewish) religious courts as agents of arbitration is legal if all parties agree to the arbitration.

Also the evaluation of a contract in the light of some religious law does not constitute the establishment of a religion. After all the contracting parties formulated the contract, not the government and they all agreed to voluntarily. There is no establishment here.

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wefunction
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22 Mar 2011, 4:18 pm

Inuyasha wrote:
http://www.tampabay.com/news/courts/civil/article1158818.ece

I thought liberals said stuff like this wasn't going to happen...


The liberals can't stop the conservatives from putting God into everything. What makes you think they'll be able to stop any other religion from influencing US law?



visagrunt
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22 Mar 2011, 6:27 pm

You don't get to weasel out of your agreement to arbitration if the arbitration doesn't go in your favour.


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ruveyn
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22 Mar 2011, 6:37 pm

visagrunt wrote:
You don't get to weasel out of your agreement to arbitration if the arbitration doesn't go in your favour.


That is right. An agreement to arbitration is an enforcible contract.

ruveyn