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powelly
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Joined: 29 May 2007
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PostPosted: 07:32 - 14 Sep 2008    Post subject: Sharia law is here Reply with quote
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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.



Source: The Times

So what happens now to cases between the indiginous population and a muslim, whose law applies? How about a white woman that converts and then wants a divorce?

How can two legal systems albeit civil possible co exist? could I become muslim in order to use a legal system that might work in my favor?
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Itchy
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PostPosted: 07:52 - 14 Sep 2008    Post subject: Re: Sharia law is here Reply with quote
powelly wrote:


So what happens now to cases between the indiginous population and a muslim, whose law applies? How about a white woman that converts and then wants a divorce?

How can two legal systems albeit civil possible co exist? could I become muslim in order to use a legal system that might work in my favor?


To be totally harsh you shouldn't have converted in the first place.....

BUT

On other points I think its like the Jewish system in that both parties have to elect to use the alternative version of the law to settle disputes


Also the power is in YOUR own hands to prevent this ie have more babies.
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powelly
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PostPosted: 08:37 - 14 Sep 2008    Post subject: Re: Sharia law is here Reply with quote
Itchy wrote:

On other points I think its like the Jewish system in that both parties have to elect to use the alternative version of the law to settle disputes


Isnt the Jewish system completly voluntary ie UK law wont enforce a dicision by one of the Jewish Courts where as this seems to suggest that a ruling made by the Sharia court will enforcable under UK law.
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bazza
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PostPosted: 08:50 - 14 Sep 2008    Post subject: Re: Sharia law is here Reply with quote
powelly wrote:
Isnt the Jewish system completly voluntary ie UK law wont enforce a dicision by one of the Jewish Courts where as this seems to suggest that a ruling made by the Sharia court will enforcable under UK law.


Like a civil contract, you mean?
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Ste
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PostPosted: 08:53 - 14 Sep 2008    Post subject: Reply with quote
"Under the act, the sharia courts are classified as arbitration tribunals. The rulings of arbitration tribunals are binding in law, provided that both parties in the dispute agree to give it the power to rule on their case."

So for it to mean anything, you'd have to agree that you wanted its ruling to be legally binding. Seems fairly harmless then IMO.
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Hetzer
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PostPosted: 08:56 - 14 Sep 2008    Post subject: Reply with quote
Ste wrote:
"Under the act, the sharia courts are classified as arbitration tribunals. The rulings of arbitration tribunals are binding in law, provided that both parties in the dispute agree to give it the power to rule on their case."

So for it to mean anything, you'd have to agree that you wanted its ruling to be legally binding. Seems fairly harmless then IMO.


Yeah, like a muslim woman will be given a free choice. The old veil's good for hiding a black eye and missing teeth, eh?
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powelly
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PostPosted: 09:06 - 14 Sep 2008    Post subject: Re: Sharia law is here Reply with quote
bazza wrote:
powelly wrote:
Isnt the Jewish system completly voluntary ie UK law wont enforce a dicision by one of the Jewish Courts where as this seems to suggest that a ruling made by the Sharia court will enforcable under UK law.


Like a civil contract, you mean?


Thats my understanding, ie 2 jewish business's will go to the jewish court to settle a dispute and choose to abide by its ruling. So it seems more like mediation that a court hearing.

As Hetzer says, will a muslim woman be able to choose UK divorce procedings rather than the sharia hearing?
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GhostRider
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PostPosted: 13:21 - 14 Sep 2008    Post subject: Reply with quote
I'll get my camera ready or the public stonings then

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Skudd
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PostPosted: 13:28 - 14 Sep 2008    Post subject: Reply with quote
As I read it, the British Law is the final word, but if the different religions want to fix their issues within their belief laws and it doesn't go against British Law than that is ok. I would however ponder as Hetzer has done on the ability of all parties concerned to have their rights upheld to the standard of British Law within the faith laws.
Our laws as they stand ( even though they are flawed in many parts) are probably the best in the world and it would be a travesty to allow faith laws to corrupt ( some may say further) the laws of this land.
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tatters
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PostPosted: 14:21 - 14 Sep 2008    Post subject: Reply with quote
Hetzer wrote:
Ste wrote:
"Under the act, the sharia courts are classified as arbitration tribunals. The rulings of arbitration tribunals are binding in law, provided that both parties in the dispute agree to give it the power to rule on their case."

So for it to mean anything, you'd have to agree that you wanted its ruling to be legally binding. Seems fairly harmless then IMO.


Yeah, like a muslim woman will be given a free choice. The old veil's good for hiding a black eye and missing teeth, eh?



Cant see a women willingly allowing a sharia ruling as a women testament is worth only half of a mans under sharia law, so they would be fu*ked from the start.
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N.C
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PostPosted: 15:36 - 14 Sep 2008    Post subject: Reply with quote
considering the fundementle principles of Islam is that no believers should be:

Converted
Subdued
or killed

this is a pretty bad move... Thumbs Down
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Fawbish
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PostPosted: 11:55 - 15 Sep 2008    Post subject: Reply with quote
Hmm, would be awesome if you could choose to use one law or the other when prosecuting.


Some shop owners could have fun with the thieves.


[/hand chopped off]
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colin1
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PostPosted: 01:10 - 16 Sep 2008    Post subject: Reply with quote
Ste wrote:
"Under the act, the sharia courts are classified as arbitration tribunals. The rulings of arbitration tribunals are binding in law, provided that both parties in the dispute agree to give it the power to rule on their case."

So for it to mean anything, you'd have to agree that you wanted its ruling to be legally binding. Seems fairly harmless then IMO.


Ste has put it exactly the way I would have wanted to. Thumbs Up

From some people's responses though I think its worth explaining what arbitration means.

Sharia courts would not be enforcing laws as such, it would just be that both people go to someone who decides to make a judgement that they agree to stick to. Its like you and your missus agreeing that both of you will tell your side of the story to bob your neighbour, and whatever bob says on the matter, will be accepted as a final decision by bob, as if he was a judge.

So arbitration just means people volunteer to go to accept a ruling, not that a ruling is imposed on them.

Although I have to agree with hetzer that its possible that some women may feel obliged to go with the traditional sharia route due to community pressure even if they know they would lose out that way.
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