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Just a UK problem, huh? Ever been to Dearborn, Michigan?
They tried and succeeded to set up Sharia Courts, right here in Texas. The courts caught wind of it and reversed the Sharia Law, that gave the woman's husbands stuff, including their property to the husbands brother.
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Quote:
Originally Posted by katygirl68
Really, what did Brave New World post that I didn't already post? Besides the fact that he left out that these Sharia arbitration panels make binding rulings, and the familial pressure on women to take these deals is often so great they can be totally ostracized or even fear for their lives if they don't accept the ruling.
And yes, these things are happening here in the US through the mediation process, but not through arbitration as far as I know. But it should not be allowed, if simply for the reason that it is a very uneven system for women in this tight knit societies where they feel they have no recourse.
Did you even read the links I provided? The first is a Guardian article, and the second was a link to testimony of people who used these councils that the Guardian featured.
Firstly let me make irt crystal clear that Sharia Councils not courts of law (they shoukd not even be called courts), they have no power or authority under the law and are not recognised, this has been made abundantly clear by the police and the Family Courts and other Civil Courts.
You can not be divorced in this country without going through the family court, you can not be married in this country without a proper legally binding ceremony and apprioriate documentation.
In terms of the Criminal Courts they are the remit of the Magistrates Courts and Crown Courts.
If you like I can post you a link to Baroness Cox's complete Arbitration and Mediation Services (Equality) Bill [HL] 2016-17 — UK it's a riveting read and aims to curtain discrimination in Sharia Councils and limits the powers of such arbitration bodies. The Bill which will soon become UK law also sets out new criminal offences in relation to arbitration services such as Sharia Council.
Here's a brief synopsis of the bill -
Quote:
Originally Posted by Arbitration and Mediation Services (Equality) Bill
The Bill seeks to amend the following statutes:
The Equality Act 2010
The Arbitration Act 1996
The Family Law Act 1996
The Courts and Legal Services Act 1990
Interestingly, in respect of the latter, a new offence of “falsely claiming legal jurisdiction” will be created. The offence is committed if a person “falsely purports to exercise any of the powers or duties of a court or, in the case of a purported arbitration, to make legally binding rulings without any basis”.
If convicted on indictment, the offender faces a hefty prison sentence of up to seven years.
Section 29 Equality Act 2010 will specify that, in the provision of arbitration services, a person must not “do anything that constitutes discrimination, harassment or victimisation on the grounds of sex”. The proposals go on to set out that this would include:
- treating the evidence of a man as worth more than the evidence of a woman and vice versa (to be reflected at section 6A Arbitration Act 1996 as well)
- proceeding on the assumption that the division of an estate between male and female children on intestacy must be unequal
- proceeding on the assumption that a women has fewer property rights than a man or vice versa.
Further amendments will include duties to advise those of the need to obtain an officially recognised marriage to “have legal protection” and that a “polygamous household may be without legal protection and unlawful”.
The goal is evidently to avoid settlements which are based upon or seek to create a disadvantage to a party at risk of discrimination by certain religious rulings or practices and, in the case of the proposed amendments to the Family Law Act 1996, section 9A will allow the Court to “issue a declaration setting aside any order based on a mediation settlement agreement or other negotiated agreement if it considers on evidence that one party’s consent was not genuine”.
The Prime Minister Theresa May stated "There is only one rule of law in our country, which provides rights and security for every citizen”.
It's time to start busting heads and making it very clear to the invaders that assimilation isn't optional if they want their free ****.
Are you going to bust some Jewish heads as well? The Beth Din (google it) have been established for centuries in the UK, and they do the exact same thing.
It's not exactly the same thing because these religious courts have an extremely lopsided scale when it comes to men's and women's rights, and there is huge pressure from the family for women to go to these courts for family disputes. Many people come from countries like Pakistan, where honor killing is common. They averaged three honor killings a day in Pakistan in 2015. How do women from such societies get a fair shake in the U.K. if they're forced to go to one of these courts?
They get a fair shake by going to the government courts.
I guess I'm confused. It's attached to the church, non state sanctioned, so people are free to choose not to use the church as the arbitrator. It's not the law of the land.
A lot of Catholics and other religious folks seek counsel and guidance from their clergy and church on marital affairs. Annulments being a great example. One can get a legal divorce recognized by the State and have the case adjucared to dispense assets, but only the Church can grant an annulment.
Similar in respects to Sharia, kind of. Obviously Sharia being a very rigid dogma and not one most western folks would care for.
In other words- if a Muslim chooses to adjucate at a church, is it anyone's business? Sharia has no legal binding in the secular sense- same as annulment. This article seems to illustrate these are not publicly sanctioned- they are religious.
Food for thought.
No you're not confused. But the OP is.
And this issue has come up many times before. If the OP wanted to know better - she would know better.
They get a fair shake by going to the government courts.
It's a borderline case of the centuries-long European tradition of private arbitration. Which can be a great tool for settling disputes if both parties are entering into arbitration on a somewhat even footing - Europeans don't, as a rule, run to court as often as Americans. So the idea makes sense on the face of it - enter into a contract where a trusted authority in your community settles differences. It's used quite a bit in business as well, and not necessarily by religious authorities - some legal firms make a good living as arbitrators.
The problem is, of course, when the parties are only formally on an even footing.
Interestingly, there's an upswing in arbitration in the US - large corporations would much prefer us customers agreed to not use the courts and instead arbitrate with an authority picked by the corporation. Interesting parallel, come to think of it.
Are you going to bust some Jewish heads as well? The Beth Din (google it) have been established for centuries in the UK, and they do the exact same thing.
Judaism is an ever-shrinking religion in Europe and vanishingly small numbers of people use Jewish Courts.
Islam is growing, and these horrid religious courts will only grow in size and influence in Europe as time goes on.
STOP tolerating intolerant cultures, religious and norms.
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