Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Raycpa
"However, it does raise a question in my mind about the ability of our courts to understand and apply Sharia law..."

Well, remember this is a binding arbitration case. The judge isn't reviewing the decision of the arbiter (hence the words "binding arbitration"), he's reviewing whether or not the contract itself is enforceable. He found that it was indeed enforceable. In this regard, the FL Circuit judge doesn't need to understand anything about Sharia law, just like he wouldn't need to understand anything about German law, if it was a case about binding German arbitration.

41 posted on 03/19/2011 10:00:14 AM PDT by OldDeckHand
[ Post Reply | Private Reply | To 33 | View Replies ]


To: OldDeckHand
he's reviewing whether or not the contract itself is enforceable. He found that it was indeed enforceable.

Got it, I think. Let me try a question. If the contract in question did require a penalty of hand removal then that part would not be enforceable I assume. So whatever the question of what part was enforceable in this case probably had to meet some test to determine if such a provision was legal in the US?

49 posted on 03/19/2011 10:07:15 AM PDT by Raycpa
[ Post Reply | Private Reply | To 41 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson