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RE: Whoever's worried about sharia law in the US - 8/8/2011 5:07:26 AM   
tweakabelle


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quote:

ORIGINAL: Moonhead

Presumably. Chuck Norris must be slacking off on the job, so it'll be up to Poopey to hold off the Mooslim horde single handed...

My feeling is that freedom lovers need not be too concerned Moonie - pops and a pitchfork are truly a fearsome sight. I rather fancy the eebil Mooslim hordes will slink off at first sight.

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RE: Whoever's worried about sharia law in the US - 8/8/2011 9:51:58 AM   
Anaxagoras


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quote:

ORIGINAL: Termyn8or
quote:

ORIGINAL: Aylee
quote:

ORIGINAL: Termyn8or
"For the establishment of Zion : the gospel and government of God working in harmony for the improvement and sanctification of all things. The kingdom of heaven on earth. "
Do you realize from where that statement came ?

Mormons.

Nope, it is an EXACT quote from the Protocols.

Exact.

No it isn't. I did a google search of the phrase, changing the punctuation about a bit in case of a bit of misquoting, and the only proper hits for that phrase relate to the Mormons.

I saw some other conspiracists quoting that phrase. The truth is the word is used in many different contexts, e.g. the Rastafarian belief in Zion was about achieving heaven on earth. The Mormon concept of Zion does not relate to the conspiracy concept of Zion, which is typically supposed to be Jewish but godless and immoral and/or represent the coming of the anti-Christ depending on who's pushing the fib. By contrast, for the Mormons Zion represents a perfect morally just society ruled by Christ, individuals that are pure of heart, and also seems to be applying the principles of Christianity to living within a given society http://blog.beliefnet.com/mormoninquiry/2009/07/the-meanings-of-zion.html

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RE: Whoever's worried about sharia law in the US - 8/8/2011 9:57:20 AM   
mnottertail


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Got up this morning, scratched my nuts, thought to myself, "I wonder where in the US sharia law is taking hold?"  It was over quickly.  Then I scratched my nuts again, and drank some coffee.  

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RE: Whoever's worried about sharia law in the US - 8/8/2011 9:59:17 AM   
Anaxagoras


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Personally I oppose arbitration according to faith based laws especially if the are in significant conflict with the laws of the land. One of the big issues with Sharia is its harshness toward women. This is an the UK for example where Sharia courts have some capacity to enforce rulings http://www.timesonline.co.uk/tol/news/uk/crime/article4749183.ece but hopefully this will change soon with a new bill being forwarded by the present government.

< Message edited by Anaxagoras -- 8/8/2011 10:28:55 AM >

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RE: Whoever's worried about sharia law in the US - 8/8/2011 10:20:47 AM   
Aswad


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quote:

ORIGINAL: Aylee

While this judge was overturned by the appellate court, I am sure that the plaintiff would disagree with calling it 'just paranoia.' After all, rape and abuse are OKAY if it is cultural.


I argued that sharia is not likely to be instituted as law in any western country any time soon, and that a lot of people make a fuss about ideas of conspiracies between governments and caliphate agents to place the west under sharia. I did not argue that rape and abuse are okay if it's cultural (though I would argue that sovereign territories are sovereign in dealing with their own shit, and that the definition of consent is cultural; two entirely seperate issues that I'll address if they're not self-evident).

The interpretation forwarded by the original judge is BS, and the plaintiff would do well to place the blame squarely with the judge for being a retard. Prevailing cultural and legal norms in the US are the basis of law, except where the word 'community standards' is used explicitly, as far as I know. It seems blatantly obvious the judge disregarded this, which calls a lot of things about him into question, not the least of which being his suitability as a judge.

Whether or not there was intent is indeed dependent on the context of the offender, but as far as I know, the law distinguishes between crimes carried out with intent and crimes carried out without intent. There is ample evidence that the intent to violate the law existed in this case, and the law does not (as far as I know) make any distinction as to whether the offender considers a crime to be wrong or not. Or, put simply, there was intent to do something recognized as criminal, which makes it a moot point whether there was intent to violate norms or not.

Clearer now?

Health,
al-Aswad.


_____________________________

"If God saw what any of us did that night, he didn't seem to mind.
From then on I knew: God doesn't make the world this way.
We do.
" -- Rorschack, Watchmen.


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RE: Whoever's worried about sharia law in the US - 8/8/2011 10:24:22 AM   
Fightdirecto


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Has anyone who has the fear of Sharia law in the U.S. ever considered the "danger" of Roman Catholic Canon law or the danger of Halakha law?

(Halakha law, FYI, is the divine law as laid out in the Torah {First five books of Moses}, rabbinical laws, rabbinical decrees and customs combined and is considerd by Orthodox Jews, even those living in he United States, as more binding and "superior" to United State civil law).

Roman Catholics have used the "superiority" of Canon Law over civil law to justify not turning over priests and nuns who commit child abuse to civil legal authorities, and an Orthodox Jewish American woman who receives a divorce in civil court is still considered married until she also gets a divorce under Halakha law.

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- Ellie Wiesel

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RE: Whoever's worried about sharia law in the US - 8/8/2011 10:39:09 AM   
Aylee


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quote:

ORIGINAL: Aswad

I argued that sharia is not likely to be instituted as law in any western country any time soon, and that a lot of people make a fuss about ideas of conspiracies between governments and caliphate agents to place the west under sharia. Clearer now?

{snip}

Health,
al-Aswad.



I guessed that the OP was bringing this up because of the recent stuff in NJ. This judge's ruling was in NJ. To add to that, the new judge has some questionable ties with radical Islam.

Given all that, I am suggesting that it is less paranoia about Sharia Law and more and attempt at sensemaking by people. "What do A, B, and C mean?"

Of course, then you have the OP pretty much stating, "Who cares about Islamic changes in the US, who you REALLY need to worry about is the Mormons!"

Gotta run!

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RE: Whoever's worried about sharia law in the US - 8/8/2011 10:45:00 AM   
Aswad


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quote:

ORIGINAL: Anaxagoras

Personally I would oppose arbitration according to the religious laws of any faith. In the UK for example Sharia courts have some capacity to enforce rulings but this may change.


So long as both parties choose to be members of a group, with knowledge of the rules of that group, it follows that there's nothing inherently undesireable about having the group arbitrate issues concaerning only members of the group in an internal organ that is recognized by the group, so long as a defined nationwide standard is applied to the criterion for proper judicial proceedings, along with defined limits on permissible measures and a defined enforcement model.

That is quite far from what is the case in the UK, and- ironically- closer to the case in Jordan.

For a non-monopoly on law to work (which augments freedom when it does), this would mean seperating the structure, function and form of the judicial apparatus and building a framework for alternative jurisdictions to coexist with the common baseline that applies to people with no attachment to an alternative one (or in cases where not all parties are attached to the same alternative jurisdiction). Also, it is an absolute requirement that one be able to detach from such alternative jurisdictions (prior to any crime falling under said jurisdiction) and that children are subject only to the common baseline until they are of an age to make an informed choice.

As a hypothetical example, a duelling-positive community might then exist, wherein a duel that does not affect non-members would then be subject to the jurisdiction of that community's appointed judicial body. The proceedings would still require a jury of peers, still have an identical burden of proof, and so forth. Apart from making it effectively legal for those people to duel to the death in a designated space they've purchased and secured from the general public (though documentation/evidence is still required to establish jurisdiction, since a killing is unlawful under the common baseline), it would also make it possible for them to impose penalties for breaches of the conduct required of the participants, limited by the overarching framework (i.e. there's no capital punishment in the UK, so it cannot be issued by an alternative jurisdiction).

We already do such things in more trivial arenas, like workplace disputes.

A formal framework to support heterogeniety and harmonious coexistence strikes me as a step forward, whereas the arrangements that are actually attempted tend to be a step backward instead. This is a function of the desire to maintain a monopoly while affording some concessions to large interest groups, which is a broken way of handling anything.

Health,
al-Aswad.


_____________________________

"If God saw what any of us did that night, he didn't seem to mind.
From then on I knew: God doesn't make the world this way.
We do.
" -- Rorschack, Watchmen.


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RE: Whoever's worried about sharia law in the US - 8/8/2011 11:41:53 AM   
Anaxagoras


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quote:

ORIGINAL: Fightdirecto
Has anyone who has the fear of Sharia law in the U.S. ever considered the "danger" of Roman Catholic Canon law or the danger of Halakha law?

(Halakha law, FYI, is the divine law as laid out in the Torah {First five books of Moses}, rabbinical laws, rabbinical decrees and customs combined and is considerd by Orthodox Jews, even those living in he United States, as more binding and "superior" to United State civil law).

Roman Catholics have used the "superiority" of Canon Law over civil law to justify not turning over priests and nuns who commit child abuse to civil legal authorities, and an Orthodox Jewish American woman who receives a divorce in civil court is still considered married until she also gets a divorce under Halakha law.

Indeed, the issue of Roman Catholic law has been a matter of significant controversy. The debate of Church vs. State is an extremely old one as I'm sure you are aware. I don't know if you are suggesting Jews are more disloyal but many devout Christians, Muslims and Jews hold that their religious laws have a higher moral authority than the laws of a given state. That's to be expected with strong religious belief and some believers fall foul of the laws in religious practice. Jewish courts dispense rulings over marriage but are not legally enforceable. Thats the domain of a civil court AFAIK. The question is what makes Sharia courts different or is any distinction just a result of prejudice. I believe the former.

One place critics often point to is Britain. I don't know that much about the situation in the US where there already is arbitration and acceptance of the use of foreign law in certain circumstances but the phenomenon in Britain points to potential problems elsewhere. Some courts are reputed not to be voluntary http://www.independent.co.uk/news/uk/home-news/the-big-question-how-do-britains-sharia-courts-work-and-are-they-a-good-thing-1724486.html especially for women, and some Islamic leaders want to have the right to dispense punishment as quoted in the Times article above. In some instances it has been reported that Sharia courts exceed their legal jurisdiction which has resulted in the new government bill, and are particularly harsh toward women where their testimony was worth less: http://frontpagemag.com/2011/07/07/gender-equality-in-sharia-courts/2/ and there have been claims in the mainstream media of reports of dispensing punishment informally. Then some Muslims have been putting up signs about Sharia zones in London etc.

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RE: Whoever's worried about sharia law in the US - 8/8/2011 12:08:42 PM   
Anaxagoras


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quote:

ORIGINAL: Aswad
So long as both parties choose to be members of a group, with knowledge of the rules of that group, it follows that there's nothing inherently undesireable about having the group arbitrate issues concaerning only members of the group in an internal organ that is recognized by the group, so long as a defined nationwide standard is applied to the criterion for proper judicial proceedings, along with defined limits on permissible measures and a defined enforcement model.

You might add that the rules of that group must not come into conflict with the laws of the land if their legal rulings are expected to have legal foundation within a given State.

quote:


That is quite far from what is the case in the UK, and- ironically- closer to the case in Jordan.

For a non-monopoly on law to work (which augments freedom when it does), this would mean seperating the structure, function and form of the judicial apparatus and building a framework for alternative jurisdictions to coexist with the common baseline that applies to people with no attachment to an alternative one (or in cases where not all parties are attached to the same alternative jurisdiction). Also, it is an absolute requirement that one be able to detach from such alternative jurisdictions (prior to any crime falling under said jurisdiction) and that children are subject only to the common baseline until they are of an age to make an informed choice.

As a hypothetical example, a duelling-positive community might then exist, wherein a duel that does not affect non-members would then be subject to the jurisdiction of that community's appointed judicial body. The proceedings would still require a jury of peers, still have an identical burden of proof, and so forth. Apart from making it effectively legal for those people to duel to the death in a designated space they've purchased and secured from the general public (though documentation/evidence is still required to establish jurisdiction, since a killing is unlawful under the common baseline), it would also make it possible for them to impose penalties for breaches of the conduct required of the participants, limited by the overarching framework (i.e. there's no capital punishment in the UK, so it cannot be issued by an alternative jurisdiction).

I don't quite know your frame of reference. You seem to be suggesting fully fledged alternative legal systems with some over-arching framework where burdens of proof etc. would be the same. You may be suggesting they dispense punishment for significant crimes etc. I think that would be a serious problem with integration. Without there being one law for all in one land I think society would be significantly undermined. I can see a good argument for religious law having some partial domain over marriage, divorce, burial etc. since these are highly religious issues so it seems right that religions ought to have some autonomy or domain over these areas in order to practice them properly. I think to go any further concedes too much to religion at the expense of societal integration which is critical for a society to survive particularly in times of conflict or external threat.

Part of the issue in reality is that Sharia is a legal system in itself which has a different burden of proof for people of different gender etc. Sharia is in effect the legal code for numerous countries. That is in part why it particularly comes into conflict with the laws of other countries when used elsewhere, its use encouraged in part by religious observence.

< Message edited by Anaxagoras -- 8/8/2011 12:18:57 PM >

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RE: Whoever's worried about sharia law in the US - 8/8/2011 12:44:31 PM   
Politesub53


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quote:

ORIGINAL: Anaxagoras

Personally I oppose arbitration according to faith based laws especially if the are in significant conflict with the laws of the land. One of the big issues with Sharia is its harshness toward women. This is an the UK for example where Sharia courts have some capacity to enforce rulings http://www.timesonline.co.uk/tol/news/uk/crime/article4749183.ece but hopefully this will change soon with a new bill being forwarded by the present government.


Your example is not only three years old, but flawed in its content. Sharia courts havent had, and still dont have, any capacity to enforce anything. They have only been allowed to act as  an arbitration service if both parties agree. See the difference between agree and enforce, it applies the same to Jewish courts used for arbitration services, nothing supercedes UK Law. So lets stop the alarmist crap about "Some capacity to enforce" eh.

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RE: Whoever's worried about sharia law in the US - 8/8/2011 1:17:15 PM   
Anaxagoras


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quote:

ORIGINAL: Politesub53
quote:

ORIGINAL: Anaxagoras
Personally I oppose arbitration according to faith based laws especially if the are in significant conflict with the laws of the land. One of the big issues with Sharia is its harshness toward women. This is an the UK for example where Sharia courts have some capacity to enforce rulings http://www.timesonline.co.uk/tol/news/uk/crime/article4749183.ece but hopefully this will change soon with a new bill being forwarded by the present government.

Your example is not only three years old, but flawed in its content. Sharia courts havent had, and still dont have, any capacity to enforce anything. They have only been allowed to act as  an arbitration service if both parties agree. See the difference between agree and enforce, it applies the same to Jewish courts used for arbitration services, nothing supercedes UK Law. So lets stop the alarmist crap about "Some capacity to enforce" eh.

So what if it is from a three year old article? Three years isn't much. If you want to refute it or if the situation has changed since then just post up another link. The article states sharia court rulings can be enforced through the normal judicial system. A few other articles I have seen from the mainstream media accept this. I never said it wasn't voluntary (in theory at least - see the link to the Independent article) or that it supercedes UK law but it does present a challenge http://www.timesonline.co.uk/tol/comment/columnists/guest_contributors/article4798887.ece which is why the Baroness Cox is pushing a new bill through at the moment to outlaw sharia when it challenges UK law or exceeds its reach.

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RE: Whoever's worried about sharia law in the US - 8/8/2011 4:49:48 PM   
Politesub53


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I told you once, nothing supercedes UK Law, not Sharia Courts, not Bin Deth (sp) Courts.

If you want a link plenty are available, when you know what you are talking about then get back to me.

Edits to add, as I am feeling charitable.

You state Sharia courts can enforce UK law, then you say you never said they supercede UK law. They do neither, then only mediate on situations where both parties are agreeable.  


< Message edited by Politesub53 -- 8/8/2011 4:54:35 PM >

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RE: Whoever's worried about sharia law in the US - 8/8/2011 6:22:24 PM   
imperatrixx


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Clearly you have your own interpretation of my post and any clarification I could give would be ignored.

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RE: Whoever's worried about sharia law in the US - 8/9/2011 10:54:56 AM   
Anaxagoras


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quote:

ORIGINAL: Politesub53
I told you once, nothing supercedes UK Law, not Sharia Courts, not Bin Deth (sp) Courts.

Once again I didn't say that. Stop strawmanning. In the post just above in reply to your's I stated "I never said it wasn't voluntary (in theory at least - see the link to the Independent article) or that it supercedes UK law but it does present a challenge..." because of certain conflicts over gender equality etc. These have been widely publicised.

quote:


If you want a link plenty are available, when you know what you are talking about then get back to me.

I'm just going by what I read. Not from nutty websites that you can dismiss but mostly mainstream media articles and the Civitas report which I read a bit of. I cited numerous articles from sources like the Times and the Independent which is to the left-of-centre. You're welcome to back up your views but if you can't then don't blame me.

quote:


Edits to add, as I am feeling charitable.

You state Sharia courts can enforce UK law, then you say you never said they supercede UK law. They do neither, then only mediate on situations where both parties are agreeable.  

I didn't say Sharia courts enforce UK law either. That would be the domain of conventional courts.

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RE: Whoever's worried about sharia law in the US - 8/9/2011 11:18:35 AM   
Politesub53


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Anax, this is what you said.

"This is an the UK for example where Sharia courts have some capacity to enforce rulings"

Its bullshit, you know it and I know it. They have no capacity to "Enforce" anthing. So stop backtracking and editing your original post.  

Arbitration is entirely voluntary, no "In theory at least" about it. The same applies for the Jewish arbitration courts that have operated for years in the UK.

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RE: Whoever's worried about sharia law in the US - 8/9/2011 11:20:53 AM   
mnottertail


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Howz about instituting some sharia law down there in croydon.

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RE: Whoever's worried about sharia law in the US - 8/9/2011 11:38:30 AM   
Anaxagoras


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quote:

ORIGINAL: Politesub53
Anax, this is what you said.

"This is an the UK for example where Sharia courts have some capacity to enforce rulings"

It wasn't put clearly enough what I was saying (as I should have said enforced by proxy) but right after than I linked an article which states this at the top of the article:
quote:


ISLAMIC law has been officially adopted in Britain, with sharia courts given powers to rule on Muslim civil cases.

The government has quietly sanctioned the powers for sharia judges to rule on cases ranging from divorce and financial disputes to those involving domestic violence.

Rulings issued by a network of five sharia courts are enforceable with the full power of the judicial system, through the county courts or High Court.


quote:


Its bullshit, you know it and I know it. They have no capacity to "Enforce" anthing. So stop backtracking and editing your original post.  

I'm not backtracking at all. You claimed in Post 33 that I said Sharia superceded UK law and that Sharia courts enforced UK law when I never said anything of the sort.

By the way you can't edit posts after a short period of time as you well know. The post was edited a few hours before you replied challenging my opinion.

quote:


Arbitration is entirely voluntary, no "In theory at least" about it. The same applies for the Jewish arbitration courts that have operated for years in the UK.

Look many people have voiced concern about the voluntary nature of these courts. Islamic communities are closely knit as I'm sure you know. The the Civitas report and a few of the articles I linked above mention social pressure to use such services rather than normal courts as being a factor.

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RE: Whoever's worried about sharia law in the US - 8/9/2011 11:42:28 AM   
Anaxagoras


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quote:

ORIGINAL: mnottertail
Howz about instituting some sharia law down there in croydon.

Apparently they already have it in the East End in places like Tower Hamlets.

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RE: Whoever's worried about sharia law in the US - 8/9/2011 11:58:49 AM   
Politesub53


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"ISLAMIC law has been officially adopted in Britain, with sharia courts given powers to rule on Muslim civil cases."

This still doesnt mean they have any been officially adopted by the UK government or legal system as anything other than an arbitration service. Both sides need to agree freely to using this service.

If you didnt explain yourself clearly thats your error and not mine.




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