Posted on 01/29/2015 3:15:15 AM PST by Reverend Saltine
Thats right, second reading of your post, you are correct.
Arbitration is considered to be legally binding. This is presented as non binding dispute resolution, which fills an intermediate area between mediation and arbitration.
Oh, to add, there’s actually something called an “arbitral tribunal”.
So the key term here is still “non binding dispute resolution”, with terms like tribunal or arbitration being contrasted based largely on semantics and preferences.
Regarding the part about Sharia always superceding TX law. That’s flat out wrong and opens them up to prosecution. They are certainly welcome to challenge it, all the way up to the Supreme Court. They may win on some lower level things (under the 1st Amendment) but certainly not on things like divorce, domestic abuse or honor killings.
Judge Bars Oklahoma From Implementing Anti-Sharia Law
http://www.huffingtonpost.com/2013/08/17/oklahoma-anti-sharia-law_n_3770021.html
Sharia can be used as a form of contract law, within the confines set by civil and criminal law. It cannot replace or circumvent local, state or Federal law.
The situation you cite in Dearborn is substantially different than in Texas. The Dearborn example entails the wholesale replacement of civil and criminal law. TX is the use of Sharia in the context of contract law.
Now having said that, there’s no way I’d ever, personally, sign anything (contracts, etc) that made me subject to Sharia. Nor would I encourage anyone else to do so. But if two or more parties want to use the portions of it that are legally permissable (under local, state and Federal law) as the basis for contracts and dispute resolution? Thats their business, not mine.
The Oklahoma law was incredibly broad and absolutist: no Sharia at any time under any circumstances.
It was clearly a violation of the 1st and 14th Amendments, and it was appropriately struck down.
That doesn’t greenlight the full imposition of Sharia. It means that use of aspects of it, so long as permissable under local state Federal law, is ok. Local, state and Federal law is still supreme.
Oh, one more thing, National Report is a fake, satirical news site. My bad for not checking that as a source before replying on the Dearborn story.
Wait until heads start floating down the Trinity River.
Hello marriage by the hour, mooseslime style.
I still say it’s long past time for the wives to start adding the extra special herbs to abusive husbands’ spice tea.
Just like the courts would never say two men or two women can marry or that the courts would say it’s okay to murder your unborn child.
You have way more trust in our judicial system than I do.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.