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Old 10-28-2011, 08:19 PM
 
Location: Logan Township, Minnesota
15,511 posts, read 13,272,269 times
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Quote:
Originally Posted by Jazzymom View Post

Sharia law is not like Judaic law.
When properly applied Shariah is virtually indistinguishable from Judaic Law. Like under Judaic law, the Death penalty while legal, would be impossible to enforce under both shariah and Judaic.

Here is a neat article about Judaic law and it reads very much the same as my understanding of shariah.

Category:Jewish courts and civil law - Wikipedia, the free encyclopedia
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Old 10-28-2011, 08:39 PM
 
Location: Toronto, ON
2,333 posts, read 2,507,289 times
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Quote:
Originally Posted by Woodrow LI View Post
When properly applied Shariah is virtually indistinguishable from Judaic Law. Like under Judaic law, the Death penalty while legal, would be impossible to enforce under both shariah and Judaic.

Here is a neat article about Judaic law and it reads very much the same as my understanding of shariah.

Category:Jewish courts and civil law - Wikipedia, the free encyclopedia

Oh fuss. The problem is that we don't know yet if "people getting away with murder" can continue be judged by governments that way or as common citizens of the modern world. < I force it.>
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Old 10-28-2011, 08:45 PM
 
Location: Logan Township, Minnesota
15,511 posts, read 13,272,269 times
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Quote:
Originally Posted by tgnostic View Post
Oh fuss. The problem is that we don't know yet if "people getting away with murder" can continue be judged by governments that way or as common citizens of the modern world. < I force it.>
You Canadians have already approved of shariah for civil law. Which is what we Muslims in the USA want. I don't think your Government has collapsed because of it and it seems that you guys are more progressive than us in the southern regions. Right now we live so close to Winnipeg, we just may move a little further North and join you guys.
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Old 10-28-2011, 08:46 PM
 
4,083 posts, read 4,424,051 times
Reputation: 807
Quote:
Originally Posted by Woodrow LI View Post
When properly applied Shariah is virtually indistinguishable from Judaic Law. Like under Judaic law, the Death penalty while legal, would be impossible to enforce under both shariah and Judaic.

Here is a neat article about Judaic law and it reads very much the same as my understanding of shariah.

Category:Jewish courts and civil law - Wikipedia, the free encyclopedia
My point is Woodrow that no religious group be they Muslim or Jew or Christian ought to have laws that only pertain to them. A country cannot have divisions of law.

If Muslims want sharia law then go to a muslim country. There are all sorts of problems when groups live in their communities and have laws that are different then the laws of the land.

It is that simple for me.
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Old 10-28-2011, 09:00 PM
 
Location: Logan Township, Minnesota
15,511 posts, read 13,272,269 times
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Quote:
Originally Posted by Jazzymom View Post
My point is Woodrow that no religious group be they Muslim or Jew or Christian ought to have laws that only pertain to them. A country cannot have divisions of law.

If Muslims want sharia law then go to a muslim country. There are all sorts of problems when groups live in their communities and have laws that are different then the laws of the land.

It is that simple for me.
I agree that criminal laws have to be uniform as they are covered by the states. Civil law has no reason to be covered by the state as it is regarding disputes between individuals and no criminal penalty is involved.


Actually most civil cases are settled out of court without any legal authority. But it would be nice if they could be enforcable in case somebody reneges. Such as while my wife and I married under shariah it is recognized by the Fed government and 30 States. but because it was a shariah marriage 20 states do not recognize us as being married. Also with business contracts. While I do conduct all of my business transactions with Muslims in accordance with shariah, there is no way the contracts could be enforced if either of us violated the terms of the contract. so to protect my self fully the only way I could do so would be to refuse to do business with a Muslim. (Which I am not going to do) but I do wish my business contracts with Muslims were recognized as being legally binding.
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Old 10-28-2011, 09:12 PM
 
40,039 posts, read 26,720,362 times
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Quote:
Originally Posted by Woodrow LI View Post
I agree that criminal laws have to be uniform as they are covered by the states. Civil law has no reason to be covered by the state as it is regarding disputes between individuals and no criminal penalty is involved.
This is a naive' understanding of the differences, Wood . . . I am surprised.
Quote:
Actually most civil cases are settled out of court without any legal authority. But it would be nice if they could be enforcable in case somebody reneges. Such as while my wife and I married under shariah it is recognized by the Fed government and 30 States. but because it was a shariah marriage 20 states do not recognize us as being married. Also with business contracts. While I do conduct all of my business transactions with Muslims in accordance with shariah, there is no way the contracts could be enforced if either of us violated the terms of the contract. so to protect my self fully the only way I could do so would be to refuse to do business with a Muslim. (Which I am not going to do) but I do wish my business contracts with Muslims were recognized as being legally binding.
As long as the conditions of the contract are in writing, are NOT illegal and NOT indefensible in a court of equity, and voluntarily signed by all parties without coercion . . . they are perfectly enforceable in any court of equity in the USA.
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Old 10-28-2011, 09:38 PM
 
177 posts, read 119,091 times
Reputation: 53
Quote:
Originally Posted by Woodrow LI View Post
When properly applied Shariah is virtually indistinguishable from Judaic Law. Like under Judaic law, the Death penalty while legal, would be impossible to enforce under both shariah and Judaic.

Here is a neat article about Judaic law and it reads very much the same as my understanding of shariah.

Category:Jewish courts and civil law - Wikipedia, the free encyclopedia
The problem is that Shariah law is never 'properly applied' even by those who either claim to apply Shariah to territory such as Al- shabbab or the Taliban or supposed pseudo Shariah states such as Saudi Arabia because the death penalty was/is pretty liberally applied without public due process. It's one of those things that never gets 'applied properly' even by the most stringent of advocates.
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Old 10-28-2011, 09:39 PM
 
Location: Sitting beside Walden Pond
4,609 posts, read 4,112,066 times
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Quote:
Originally Posted by Woodrow LI View Post
Actually most civil cases are settled out of court without any legal authority. But it would be nice if they could be enforcable in case somebody reneges.
Woody, I totally agree with Jazzy. In America, we want our courts to enforce only ONE set of laws.

I think it would be ridiculous to have our secular courts enforcing Jewish or Muslim laws.

If two Jews or two Muslims want to go into an agreement based on their religious beliefs, that's fine with me. Two consenting adults can do whatever they want. However, they shouldn't go whining to our courts if one party doesn't keep their word. Our courts are busy enough.
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Old 10-28-2011, 09:43 PM
 
177 posts, read 119,091 times
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Quote:
Originally Posted by hiker45 View Post
Woody, I totally agree with Jazzy. In America, we want our courts to enforce only ONE set of laws.

I think it would be ridiculous to have our secular courts enforcing Jewish or Muslim laws.

If two Jews or two Muslims want to go into an agreement based on their religious beliefs, that's fine with me. Two consenting adults can do whatever they want. However, they shouldn't go whining to our courts if one party doesn't keep their word. Our courts are busy enough.
This doesn't make much sense. You agree that people should be able to contract in whatever way they wish ( barring basic contract obligations), but don't want the courts to adjudicate breaches of those contracts?
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Old 10-28-2011, 10:30 PM
 
Location: OKC
5,426 posts, read 5,726,808 times
Reputation: 1770
Quote:
Originally Posted by Woodrow LI View Post
I agree that criminal laws have to be uniform as they are covered by the states. Civil law has no reason to be covered by the state as it is regarding disputes between individuals and no criminal penalty is involved.


Actually most civil cases are settled out of court without any legal authority. But it would be nice if they could be enforcable in case somebody reneges. Such as while my wife and I married under shariah it is recognized by the Fed government and 30 States. but because it was a shariah marriage 20 states do not recognize us as being married. Also with business contracts. While I do conduct all of my business transactions with Muslims in accordance with shariah, there is no way the contracts could be enforced if either of us violated the terms of the contract. so to protect my self fully the only way I could do so would be to refuse to do business with a Muslim. (Which I am not going to do) but I do wish my business contracts with Muslims were recognized as being legally binding.
Can you give an example of a contract that you have made under sharia law that would not be enforceable?
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