09-19-08, 03:01 AM
|
#38
|
Silent Hunter 
Join Date: May 2008
Location: Storming the beaches!
Posts: 4,254
Downloads: 0
Uploads: 0
|
Quote:
Originally Posted by DanD
Dear Americans friends,
I don't know how to tell you this but American courts enforce Sharia law as well, Texan courts even:
„Sharia already in Texas“, so to speak
http://www.2ndcoa.courts.state.tx.us...pinionID=14601
The parties entered into a contract that provided for Sharia arbitration; the court considered challenges to the arbitral process, and upheld the awards.
via
http://volokh.com/archives/archive_2...tml#1202454061
with comment:
„And of course the application of Sharia law was indeed a perfectly normal matter. American courts are governed by American law, but American law has long provided that parties to contracts can provide for alternative dispute resolution mechanisms (such as arbitration). American law has likewise long provided that some contractual disputes would be resolved with reference to foreign law, especially when the law is expressly provided for by the contract. It doesn't matter whether the arbitration or the foreign law is secular or religious -- secular and religious rules are treated basically equally, on the principle that the parties' contractual choices should be honored unless some extraordinary circumstance makes it unfair to do so.“ http://volokh.com/archives/archive_2...tml#1202454061
Despite the tensions between Islamic rules and Western convictions, Islamic law is generally applicable on certain levels in all Western countries and enforced by all Western courts. The rules of International Private Law may lead to the result that the foreign law of an Islamic country is applicable. The freedom of contract as a basic principle of private law allows you to agree upon the application of Islamic law within the limits of the public order.
|
Quote:
Originally Posted by Platapus
Well you better start revolting as the United States has recognized arbiration courts since 1925.
http://en.wikipedia.org/wiki/Federal_Arbitration_Act
This really is nothing to get your undies in a twist about. Arbitration is a valid way of handling disagreements.
No conspiracy. In the case of the original poster a voluntary arbitration tribunal has been formed to arbitrate according to religious teachings. This is hardly a unique organization.
Here is a christian arbitration group
http://www.bluestratus.net/servlets/...%20Clauses.pdf
This organization advises people on how to put religious conditions on contracts. Don't hear anyone screaming about this one though.
P'SHARA Jewish Dispute Resolution, Inc. is a jewish arbitration organization. Anyone complaining about that one? Did not think so.
But at the mention of Islam, people get suddenly so concerned. I wonder why?
|
I have been pwned
I may still revolt anyway. just for fun
__________________

I stole this sig from Task Force
|
|
|