Florida Judge Orders Use of Islamic Law in Mosque Case($2.2 Mil State Monies)

[JB Books]

Wow. So you actually read the article? Since you've read the article, don't you feel a responsibily to recuse yourself from this thread?

Ha ha, by all means if one actually READS the article, one has a responsibility to the irrational and fear mongering not to comment. It is wrong to dispel the hysteria.

 

[Dave70968]

JB, I don't think most of them will understand even if they do read it. NewsMax is doing its usual crappy job, leaving out key bits. The tampabay.com story at http://www.tampabay.com/news/courts/civil/article1158818.ece is much better.

Short story: this is a contract dispute, and the parties agreed to an arbitration clause. They also agreed to a choice of law clause--that the arbitration would be handled according to Sharia principles. From the tampabay.com story:

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.

...

Just about everything involving the arbitration is in dispute.

An a'lim, a Muslim scholar trained in Islam and Islamic law, said the parties agreed to his arbitration if the lawsuit against individual trustees was dismissed. This occurred, though the ousted trustees then re-filed against the mosque itself.

...

"It appears that the Koran provides that where two or more brothers have a dispute, they are first required to try to resolve the dispute among themselves," the judge told attorneys, according to a transcript of proceedings.

"If that does not occur, they can agree to present the dispute to the greater community of brothers within the mosque or the Muslim community. And if that is not done, or does not result in a resolution of the dispute, then it is to be presented to an Islamic judge …

"The next question is whether the proper procedures have occurred. … Did they properly invoke the use of … an Islamic judge or an Islamic A'lim?"

This is simple contract arbitration, as encouraged by Federal and state law. Parties are free to choose the rules by which they will attempt to resolve their differences; go read just about any contract you've signed (your cable/satellite/cell phone contracts are a good choice, as are credit cards) and you'll typically see a choice of law provision pointing to Delaware or Utah, both notably pro-business states.

BTW, there's one more very important bit at the end of the tampabay.com story:

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."

 

[JB Books]

Dave:

Stop ruining everyone's self righteous unreasonable fear that the Mooooooslims are taking over and imposing Sharia law on us infidels. You are be a buzz kill to those aflame with with anti-Muslim fear and hatred.

 

[_CY_]

pretty misleading article ... if one actually reads long version
it's apparent two Muslim parties agreed per contract to follow Muslim laws if a dispute should happen.

a dispute happened, so the judge basically rules... the two Muslim parties have to abide by the contract which says Muslim law should be used to decide dispute... then if that doesn't work and it gets tried in Florida courts, then Florida laws apply.

 

[Hobbes]

Well, ..... we have an Islamacist in Hiillsborough circiut...

...

They're climbin in yo windows

...

Hide your kids, hide your wife




Seriously, if you only read that crap on newsmax, wnd, americanthinker, and so on
you deserve to be mislead.

 

[RugersGR8]

http://www.newsmax.com/InsideCover/...e/2011/03/22/id/390381?s=al&promo_code=BEAA-1

Gaffney Lambastes Florida Judge as 'Unfit' for Decision to Follow Shariah
Tuesday, 22 Mar 2011 05:25 PM
By Newsmax Wires

 

[Hobbes]

Ah, yes

Joseph M. Gaffney

Legendary revealer of the true menace to America and great decoder of the secret truth.


Lot and lots of competition these days tho.

 

[inactive]

Dave,

Thanks for clarifying. The OP's link made the terms of the lawsuit very sketchy. I was wondering since this was a trust case, if there were other grounds for the the judge reportedly using Islamic law. I mean, he certainly wouldn't select it by the happenstance that the parties involved were Muslim. Since the contract states this ideology is relevant to the handling of the trust, then it is more than worth entertaining a review when considering the facts of the case.

You helped provide some additional insight and background to the story - thank you!


Edit to add: and personally (though it's irrelevant) I feel that two or more consenting persons can enter in whatever agreement under whatever terms they wish, so long as they willingly do so - be it a contract under Sharia, prostitution, gambling, or whatever.

 

[JB Books]

The Mooooslims is coming! The Mooooooooslims is coming! Let's take our country baaaaaaaaaack!

 

[BadgeBunny]

The Mooooslims is coming! The Mooooooooslims is coming! Let's take our country baaaaaaaaaack!

Stop it ...

You must be working hard ... haven't seen you around much lately ... boo hoo ... bet the wife is tickled pink though ... all those accounts receivable ... whhooooo-hooooo!!