Islamic law in American courts?

[briarpatch]

Lets just make it sound like it is OK. and do it..... The judges.
How do you eat an elephant?....  one bite at a time.


se of Islamic law OK in civil case, judge rules

By JOSÉ PATIÑO GIRONA | The Tampa Tribune
Published: October 25, 2011
» 1 Comment | Post a Comment

A state appeals court has ruled that a Hillsborough County Circuit judge can consider Islamic law to decide a civil case between a mosque and its former trustees.

The decision by the 2nd District Court of Appeal in Lakeland to decline the appeal of the Islamic Education Center of Tampa sends the case back to Hillsborough County Circuit Judge Richard A. Nielsen. Nielsen's decision in March to allow the case to proceed under "ecclesiastical Islamic law" drew national attention when the ruling was criticized by conservative bloggers.

The case has its roots in 2002, when the mosque ousted four of its founding members; those founding members later sued the mosque. One of the main issues of dispute was who would be responsible for how to spend $2.5 million Florida's Turnpike Enterprise had paid the mosque for 3.4 acres needed to widen Veterans Expressway.

When he made his March ruling, Nielsen said courts have ruled "that ecclesiastical law controls certain relations between members of a religious organization, whether a church, synagogue, temple or mosque."

The uproar over the ruling went overboard, said Lee Segal, a Clearwater attorney representing the ousted trustees. He said the ruling follows established legal precedent and does not mean Nielsen is allowing Islamic law to trump U.S. law.

"When the parties agree (before the trial that) they are bound to Islamic law, they can be bound to Islamic law," Segal said. "As long as what you are agreeing to doesn't violate the constitution of the United States, you can apply any type of law."

Though the issue of Islamic law has garnered attention, the legal fight over the lawsuit is complicated, with much of it revolving around the arbitration process.

On Monday, Paul Thanasides, the attorney for the mosque, filed a new motion to dismiss the case because of lack of jurisdiction.
 jpatino@tampatrib.com (813) 259-7659

[BUGEYE]

there was another case in I think, NJ.  we are setting a dangerous precedent.
kruschev said, we will bury you, but the muzzies may beat him to it.

[BBF]

there was another case in I think, NJ.  we are setting a dangerous precedent.
kruschev said, we will bury you, but the muzzies may beat him to it.

Secretary Krushchev has gone to his rewards a number of years ago.
 
Afterthought: Two Muslims are in Court under Islamic Law. One is a thief. Would the hand of the thief be cut off??
 
h
Hmmm. I do see some merit there.

[BUGEYE]

there was another case in I think, NJ.  we are setting a dangerous precedent.
kruschev said, we will bury you, but the muzzies may beat him to it.

Secretary Krushchev has gone to his rewards a number of years ago.
 
Afterthought: Two Muslims are in Court under Islamic Law. One is a thief. Would the hand of the thief be cut off??
 
h
Hmmm. I do see some merit there.

as much as I would like to see that, it's probably not the best thing.

[SHOOTALL]

When a case is decided with regard to a religion and who has rights to make decisions I really can't see how a decision could rendered if the laws of the religion were not considered. It is about how the religion is structured not if it superseeds American law.

[powderman]

Any judge who would allow sharia laws to be used in an American court should be fired, disbarred, fined, and spend 10 years in jail in iraq. POWDERMAN. 

[SHOOTALL]

Any judge that did not allow the conditions under which the contract written or implyed was offered and accepted should be questioned . The judge should understand the case then apply U.S. law . I agree no other law should suplament U.S. laws .

[SHOOTALL]

BTW some of their laws are like ours , the difference is punishment in some cases .

[BBF]

IMO if the contract or issue is based on a religious understanding and does not violate US law then I see no reason not to adjucate this within this foreign law.

[briarpatch]

The problem I see, is, when you give the corrupt judges and courts we now have... a leak in the dam, a flood soon follows.
The word (sharia) law should not even be mentioned. I know people may say.. you are not a lawyer or judge. What do you know?     
To that I answer. " I have history on my side" not to mention the bone headed ignorant rulings of late,legislating from the bench. By some of the most corrupt bastards you could assemble in a justice system.   
Remember also, the road we lay in ignorance and consent, Our children will walk.