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Old 11-08-10, 09:10 PM   #5
CCIP
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Join Date: Apr 2005
Location: Waterloo, Canada
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Quote:
Originally Posted by Platapus View Post
Nothing to see here folks. No conspiracy.


The Federal Arbitration Act of 1925 9 U.S. C. establishes the right of citizens to voluntarily, in specific civil cases, to mutually agree to arbitration based on their cultural laws.

Two of the more common are Islamic Sharia and Jewish Halakha Arbitration Courts which have been operating just fine since 1925.

The proposed OK law will be a hard case to put before the United States Supreme Court. There have been several Supreme Court cases that have upheld the FAA.

The key concepts of the FAA are:

1. That such arbitration is voluntary
2. All parties must specifically agree to FAA type arbitration when entering into the contract.
3. Only specific civil cases can be arbitrated. No Criminal Law cases
4. The Federal Government and the States have criteria and authority to negate any arbitration if it is found that the arbitration is in violation of Federal and/or State regulations.
Indeed. And what social harm do you see from muslims being allowed to arbiter their own civil cases? Especially those that concern religiously-grounded practices like marriage/divorce etc. in the first place, which afaik is what religious arbitration is most typically used for.

I'd be horrified if it applied to criminal cases, but there's really no reason not to allow this for civil cases, lest you're willing to surrender religious freedom as such in favour of defending against Islam. That's something you'll just have to make a choice in...
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