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English Law changing??

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Re: English Law changing??

Postby BobHelm » September 20, 2008, 9:27 pm

tamada I have quoted the BBC at least once in this thread - the time that I explained that this is NOT a change to English Law, but I guess people want to see it as an erosion of their rights so there is no point in me explaining again :( :(
This will be my final post on this subject, again, I reiterate that these bodies can only deal with CIVIL issues not CRIMINAL. :shock: :shock:
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Re: English Law changing??

Postby JimboPSM » September 20, 2008, 9:31 pm

tamada wrote:.......... BTW, I cannot find anything about this law change anywhere on the BBC's news sites. Fancy that eh?

While the BBC has not covered this extensively, it has discussed this area in “Law in action” - an article from November 2006:


They also had this one in February this year:


Although there are some who might look on this as the thin end of the wedge, there are also those who just don't think that arbitration on civil matters by parties that have agreed to it is any kind of a big deal.
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Re: English Law changing??

Postby tamada » September 20, 2008, 10:49 pm

My point is the BBC has pointedly NOT mentioned the fact that sharia law is now part and parcel of the law of the realm. They have over the past few months had interesting and educational discourses on various aspects of the muslim faith but that's not the news now is it?

Anyway, I was more interested to learn that this has already been introduced without much furor in the civil courts in the USA.

Guess what state?

(Clue: this foot in the door is wearing a cowboy boot)
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Re: English Law changing??

Postby beer monkey » September 21, 2008, 5:38 am

Hawaii..?
Can You Dig It Dug.?
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Re: English Law changing??

Postby Khun Paul » September 21, 2008, 8:39 am

I noted the comments by Bob about Civil law only, but to my knowledge many many instances of civil law being usurped have given rise to a criminal reaction.
Muslims consider marriage, divorce and other family matters as purely civil but in so many cases abduction, kidnapping is done under the guise of marriage etc, which they consider civlil and western laws regard as criminal.
So although, I can understand why in some instances some muslims may seek their answer in sharia law, I make the following pint here.\
Someone said ignorant westerners , I say uneducated muslims of which ther are many ae lead by their culkture to consider Sharia law first no matter what. That is the problem and what is criminal could be considerd civil.
Thsi is complicated adn I hope I have made is reasoinably clear as I see it.
I my be wrong, but inm m yexperience a muslim family see nothing wrong in spriting their daughter off to marry someone she doesn't know, even though she is English born and bred, that is kidnapping they call it marriage.
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Re: English Law changing??

Postby Pakawala » September 21, 2008, 10:57 am

Khun Paul, not just kidnapping... to me, it's also involuntary servitude (re: SLAVERY). :fryingpan:

And, as for making it a point of setting the difference between civil law and criminal law - they have to start somewhere. Little by little, inch by inch. [-(
Stay atop the grass
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Re: English Law changing??

Postby tamada » September 21, 2008, 11:42 am

beer monkey wrote:Hawaii..?

Texas (unless they have started wearing cowboy boots in Hawaii...). Home of Dubya, Aggies and now apparently muslim law.

February 2008 saw the first sharia courts set up in Dallas-Fort Worth.

Who would have thought eh?
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Re: English Law changing??

Postby jackspratt » September 21, 2008, 12:00 pm

tamada wrote:
beer monkey wrote:Hawaii..?

February 2008 saw the first sharia courts set up in Dallas-Fort Worth.


Reference, please.

I can't find anything in the first 6 pages of googling :-k
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Re: English Law changing??

Postby Khun Paul » September 21, 2008, 12:00 pm

And, as for making it a point of setting the difference between civil law and criminal law - they have to start somewhere. Little by little, inch by inch


Oh yes I agree, ,but in the UK at least it would require the entire Royal family to be exterminated and all the possible successors, in order for Sharia law to be even part of the criminal law and in fact most of the laws .
As the possibility of that happening is the same as flying on a daytrip to mars in the next 200 odd years, then I do feel a touch safe.
But having said that we must also take into account that this is just for Muslims that agree, and both parties therefore must be muslim, so does narrow the field a touch.
However a thin edge as stated or even inference is enough to create racila tensions and prejudice which it has. This then in turn make the do-gooders and the compliant law makers evemore compliant to outrageous requests by the immigrant population.
And so the downward spiral begins, and whereas the western world looks at financial and quality of life which results in a lowering of the birth rate, the mainly Muslim world continues to procreate endlessley thereby wherever they are, they are doubling their culture every 10 years or so while we are lessening.
What next, hari kari sounds too good. :lol: :lol: :lol: :lol: OR conversion what !!!!!!!!!!!!
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Re: English Law changing??

Postby BobHelm » September 21, 2008, 12:15 pm

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Re: English Law changing??

Postby jackspratt » September 21, 2008, 12:47 pm

Thanks Bob.

Interesting. Similar to the UK model, where matters decided under an agreed arbitration are held to be binding under the law of the State.

Not sure it could happen in Oz, particularly in respect to the Family Law issues - divorce and custody. Maybe the property settlement could.
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Re: English Law changing??

Postby tamada » September 21, 2008, 1:18 pm

jackspratt wrote:
tamada wrote:
beer monkey wrote:Hawaii..?

February 2008 saw the first sharia courts set up in Dallas-Fort Worth.


Reference, please.

I can't find anything in the first 6 pages of googling :-k


http://mypetjawa.mu.nu/archives/191148.php

and the ruling in question

http://www.2ndcoa.courts.state.tx.us/op ... onID=14601

The Second Court of Appeals of the State of Texas has rendered a ruling on the enforceability of shari'a judgments rendered by imams. According to the Texas appeals court, it's all good.

The parties will ask the courts to refer the cases for arbitration to Texas Islamic court within "Seven Days" from the establishment of the Texas Islamic Court panel of Arbitrators. The assignment must include ALL cases, including those filed against or on behalf of other family members related to the parties. Each party will notify the other party, Texas Islamic Court, and their respective attorneys, in writing of the assignment of all the above Cause Numbers from the above appropriate District Court to Texas Islamic Court.
In general, private arbitration agreements are enforceable by government courts. Shari'a arbitration agreements are one type of private arbitration agreement. Without a theory as to why shari'a arbitration agreements shouldn't be enforced by the courts, I'm not sure what else the appeals court could have done in this case.
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Re: English Law changing??

Postby jackspratt » September 21, 2008, 2:38 pm

Thanks also tamada.

BTW, you may note the judgement goes back to 2003, so it doesn't seem to have caused the downfall of the US in the intervening 5 years :D
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