Here we go... precedent is set.
This is no different than any other arbitration agreement, which is a contract between two parties.
They agreed to arbitrate under Sharia Law. That's their right.
One of the parties evidently changed their mind, which isn't their right.
Don't sign contracts you don't want to honor.
When the question of ownership or liability regards fine points of religious law, judges will tell the parties to seek internal arbitration.
This is the opposite of introducing shariah law.
I just think the judge was lazy here. He didn’t want to deal with it. Is Shariah law coming? Not yet. As long as we have an appeals process and this stuff is challenged, these lower courts can’t invent law. (Someone correct me if I’m wrong.) We could also legislate Shariah law out of our courts as well.
Those who blow this out of proportion give ammunition to the other side.
There is nothing in this decision which supports the above interpreted title.
Rulings such as this...that throw disputes between religious parties, over property, back to the religious parties, are exactly why Church congregations, who’ve bought, paid for, maintained, sometimes for centuries...their buildings, are having them taken away—due to dubious “trust” agreements forced upon them by their larger denomination.
In this way, larger more funded groups (such as say the Episcopal Church) are BLACKMAILING congregations and pastors from leaving—with a very real threat of taking their property away—at force of law, unless they knuckle under to the denomination’s way.
Hundreds if not thousands of congregations in various mainline religious denominations have lost their land, very unjustly....due to this ‘deference’ practice.
Equal justice under law includes ALL persons, religious groups are not. Just as the idea of “sanctuary” for illegal criminals in certain churches is wrong, so is this...that religious groups are not under the same kinds of law that govern everyone else.
Not surprising. America has had a deathwish ever since they welcomed Muslims into the country.
They’ll get their wish.
Fine by me if the Sharia ruling is that each side gets to cut off the hand of the other......