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Spare O'Lake6/10/2010 4:37:08 pm PDT

re: #237 Obdicut

How are they imposing Sharia law on non-Muslims, exactly?

What sort of attitude are you challenging? Nobody is saying that Sharia law is the same as any other form of law. Obviously all forms of law are different.

What was being said was that if you allow one religion to have separate courts (still under the jurisdiction and observance of the larger legal system and not able to violate its laws) then you should allow other religions the same privilege.

If, for example, a Sharia arbitration ‘court’ was set up in the US, but they did not take the testimony of women with the same weight as men, that would be illegal, and not allowed. So I don’t see what it is that you’re saying is occurring.

Can you explain how Muslims are enforcing Sharia law on non-Muslims, in the US or Britain? I’m not that familiar with Britain’s legal system, so I can accept that maybe there’s some way it diminishes protection when you engage with one of these courts.

In order for foreign law to be recognized by the State, even if the parties agree, the foreign law must not be repugnant to the domestic law or the domestic public policy.
To the extent that Sharia Law engages in discrimination on the basis of sex or sexual orientation, it must not be recognized - even if the parties want it to be, because there is a greater value at stake…the public good and the integrity of the domestic law.