Posted on 03/19/2011 9:15:41 AM PDT by tutstar
Isn’t there a sizeable Haitian population if Florida? What’s next? Are they going to be able to adjudicate according to Voodoo?
“Islamic/sharia law is religion.”
I guess in some circles. It seems like a system for enslavement of women to me.
Islamic/sharia law is a fundamental part of the religion. The religion is the government. Inseparable. You’d better wake up to that.
No, it's not. It's a judge enforcing a binding contract, an arbitration contract in this case.
There is a legal principle in contract law called "choice of law". Essentially, it allows for parties to establish what law will apply to the contract that they've executed. It can be a binding arbitration contract, a sales contract, a marriage contract, really any number of contracts have choice of law provisions in them.
For example, many wildly rich people will stipulate in their prenuptial agreements that a certain state's laws will apply in the divorce, irrespective of where the parties actually file for divorce. So, in a community property state like California, it wouldn't at all be unusual for a prenuptial agreement to specify that a more favorable state's domestic law would apply, like Florida's for example.
Virtually every international business contract that is executed in the US today, has one or several choice of law provisions in it; Maybe they're applying German law, or French law and sometimes when doing business with a Middleastern country, there is a sharia law provision. It happens.
It is NOT "sharia law invading the US".
See above - #22.
Make it #23.
In this country (in every Western country), contractees have the right to establish what law will apply to their contract. If you strip that right from contract law, you make it incredibly difficult, to the point of impossible, to do business with foreign companies.
People who rail against this are great examples of the axiom, "a little knowledge can be a dangerous thing".
Of course it is. Judge needs to be impeached. Don’t local and state judges swear to uphold the US Constitution?
Did the parties agree to have Sharia apply in interpreting their agreement? If so, then what is the issue?
And if the two parties “voluntarily” enter “into a binding arbitration agreement” that says the loser gets his right hand chopped off, is that okay too?
"Separation of church and state" means "separation of Christianity and state," so shut the hell up.
Rath of God alert for the state of Florida!
You're no fun. Its much more exciting to see this as an invasion.
However, it does raise a question in my mind about the ability of our courts to understand and apply Sharia law and what must be many contextual interpretations that could be alien to our understanding of law.
Reductio ad absurdum. See my comment just above about a "little knowledge being a dangerous thing".
You can't be obligated (even voluntarily) in a contract to be party to a crime as a provision of the contract. "Chopping someone's hands off", would be a violation of US criminal law - probably both federal and state laws.
OH NO! Does this mean Fred Phelps is going to show up?
>>>People who rail against this are great examples of the axiom, “a little knowledge can be a dangerous thing”.<<<
You are proof too. Little knowledge that acknowledging sharia/Islamic law is the camel’s nose under the proverbial tent.
One can negotiate a contract under whatever underlying philospohy you want. The only law that applies are those of the United State of America, and the state in which the contract is made.
or Baptist!
I’ve tried impeaching a judge. We can try again. We have to do more research and know how his other rulings have been.
How on earth do you come up with that comment?
gnip
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