Posted on Jul 13, 2017
difference-between-sharia-law-our-constitution-gina-massimi
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This is a great article...highly informative.
difference-between-sharia-law-our-constitution-gina-massimi
Posted from linkedin.comPosted in these groups: 
Islam
Constitution
Islam Constitution
Posted 7 y ago
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Please do not interpret this as my support for Sharia Law. I have not yet seen one effort to implement Sharia Law as part of criminal law or to make it part of civil law. I am not saying there is no such effort, I just am not Aware of any such effort.
What I have seen is agreements between two parties to use Sharia Law to resolve differences in contractual disagreements. I am not a lawyer, but I believe that as long as both parties are in agreement, and it is not in violation of US, State or local law, two parties can agree to anything they want. Party A and Party B can agree to legally resolve any contract disputes with a binding coin toss if they want. That does not establish coin toss as law of the land. Or am I missing something?
What I have seen is agreements between two parties to use Sharia Law to resolve differences in contractual disagreements. I am not a lawyer, but I believe that as long as both parties are in agreement, and it is not in violation of US, State or local law, two parties can agree to anything they want. Party A and Party B can agree to legally resolve any contract disputes with a binding coin toss if they want. That does not establish coin toss as law of the land. Or am I missing something?
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CPO Robert (Mac) McGovern
There are eleven states—Alabama, Arkansas, Arizona, Louisiana, Kansas, Mississippi, North Carolina, Oklahoma, South Dakota, Tennessee, and Washington—that prohibit the use of foreign law in their state courts.
In 2017, sixteen states have legislation on the subject.
In 2017, sixteen states have legislation on the subject.
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Maj John Bell
CPO Robert (Mac) McGovern - Understood, but was their some effort to make Sharia Law, the Law of the Land. If I am not mistaken, those laws are essentially empty gestures. Don't the legislature of a given state determine what becomes state law? So it would take an act of the state legislature to make Sharia Law the law within any state.
Furthermore, I am not sure that that those laws prevent parties to a contract from agreeing to use a "Sharia court" to settle a contract dispute. Just as they could agree to binding arbitration, or a coin toss.
Furthermore, I am not sure that that those laws prevent parties to a contract from agreeing to use a "Sharia court" to settle a contract dispute. Just as they could agree to binding arbitration, or a coin toss.
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Capt Gregory Prickett
Maj John Bell - sir, you are correct, federal law preempts state law on this (9 U.S.C. § 1 et seq.) and allows people to use religious tribunals, including Sharia tribunals, to mediate or arbitrate disputes. Even if the state law prohibits "foreign" law, or more specifically Sharia law, federal law specifically allows it, and the removal of the case from state to federal court if the state doesn't recognize the "foreign" arbitration decision.
Also, McGovern keeps mentioning Oklahoma's anti-Sharia law, neglecting to mention that the Tenth Circuit found the law unconstitutional.
Also, McGovern keeps mentioning Oklahoma's anti-Sharia law, neglecting to mention that the Tenth Circuit found the law unconstitutional.
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Those that are of a liberal or progressive bent, still do not understand, even after it is explained to them on basic fundamental points with references.
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