Why is Islamic (Sharia) Law being used in a Florida Court?
A Florida court judge announced he will use Islamic Shariah law in determining the outcome of a civil suit.
"This case," the judge wrote, "will proceed under Ecclesiastical Islamic Law."
The lawsuit is between a mosque and four former trustees who claim they were "improperly ousted" as trustees. The remaining points in the suit are not legal in nature, but they do involve fine points in religious law.
Isn't this attempt to apply religious law in a legal proceeding a clear violation of the Constitution?
Is this why so many states have bills under consideration to forbid Sharia law into our courtrooms?
- YB LogicalLv 710 years agoFavorite Answer
We have seen this happen in Europe.
All too often, that which we see as "tolerance" is interpreted by Muslims as "weakness".
And, time is not wasted in the exploitation of this perceived weakness. Small concessions are made, here and there in order to prove tolerance. With each concession, precedents are set.
Eventually, these precedents can be used to dictate new and more Islamic favorable laws.
And, as in Europe, a day of awakening will come and the error of this "tolerance" will be realized.
- BflowingLv 710 years ago
In civil suits, Judges have a lot of lee way in reaching a decision. In this case, the issue involved the internal workings of a mosque.
If the Judge could not find a similar law or ruling under Florida Law, then why not use it.
Using religious law has been done before thousands of times in civil and family courts. As long as it doesn't conflict with Federal or State Law, and the parties agree, there is no problem.
- r1b1c*Lv 710 years ago
You should've read the article, it clearly states
"Markus Wagner, a professor of international law at the University of Miami School of Law, said it is not improper for a judge to use foreign law in an arbitration if all the parties agree to do so.
"If we both sign a contract agreeing to be governed by German law, then Florida courts will interpret German law," he said."
Clearly both parties agreed upon signing the contract what laws would govern that contract, then when one party found itself on the short end of the stick according to the terms of the contract and the laws that govern that contract they decided to claim foul and use state laws that might benefit them. That would be against the spirit on which that contract was signed.
IT IS BECAUSE OF THAT, that the judge said that he would have to familiarize himself with the laws that govern the contract before he can rule based on the laws of the state.
The problem with conservatives is that they act on emotion rather than rational intellect.
- jehenLv 710 years ago
This is a hoot! The same whackos that sued to have the 10 commandment made part of the courts (of which only 3 are about equivalent to civil law, the remainder are about the practice of faith) are now suing to prevent any religious consideration in the courts. Nothing like having their cake and eating it too.
Be that as it may a Judge is obligated to rule first by the law, but is also obligated to consider wise guidance from other sources where the law is silent or the situation falls through the cracks of written statutes. That is why we call then Judges. There is nothing wrong with this.
- How do you think about the answers? You can sign in to vote the answer.
- 10 years ago
Judges have over the last few years started using foreign laws to back up their decisions. It certainly sounds unconstitutional but so far no one has put a stop to it so maybe it's not.
- berenLv 710 years ago
From your link
The judge said he would use Islamic law to decide only the legitimacy of arbitration.
"What law would we be applying (at) trial?" Thanasides asked.
"That trial would be civil law," the judge said. "Florida law."
- Anonymous10 years ago
Interesting. I think it is probably appropriate in this case because is it a civil matter that hedges on the laws of the religion, but it certainly is a slippery slope.
- KJLv 510 years ago
Most Liberals LOVE Sharia Law - stoning women, cutting off hands for thieves, and slavery of Non-Muslims!! Controlled chaos to meet their goals - look at how it happened in Germany!!
This is most definitely against the US Constitution... I cannot believe it is being allowed to proceed. The End Times are coming - get ready!!
- robert43041Lv 77 years ago
So we are being "sucked in", we give in, they take more and more and in the end it's all over for us...unless we say "enough".
- Anonymous10 years ago
Even the people involved(muslims) do not want sharia law imposed in this case.Source(s): Whiskey