Did Sharia Law Just Work It's Way Into a Florida Court?

[FrankRep]

Did Sharia Law Just Work It's Way Into a Florida Court? (http://www.theblaze.com/stories/did-shariah-law-just-work-its-way-into-a-florida-court/)


The Blaze
March 21, 2011


A judge in Tampa, Florida is creating a buzz with a ruling some say shows that shariah law is creeping into America. One look at the alleged ruling shows it is suspicious. But is it really an example of Shariah coming to America?

According to a document on the website Jihad Watch (http://www.jihadwatch.org/2011/03/florida-circuit-court-judge-allows-case-to-proceed-under-islamic-law.html), Circuit Court Judge Richard A. Nielsen ordered earlier this month that a civil dispute between current and former leaders of a local mosque over who controls funds awarded during a 2008 eminent domain proceeding be decided under “Ecclesiastical Islamic Law.” Below is a copy of the relevant section:


http://www.theblaze.com/wp-content/uploads/2011/03/sharia-FL.jpg


Tom Tillison over at Red State explains (http://www.redstate.com/tomtflorida/2011/03/20/sharia-law-has-come-to-florida/) the case via a post from Brigitte Gabriel:



The current mosque leaders want the case decided according to secular, Florida civil law, and their attorney has been vigorously arguing the case accordingly.

The former trustees of the mosque want the case decided according to sharia law.

Here’s the kicker.

The judge recently ruled “This case will proceed under Ecclesiastical Islamic law,” (sharia law), “pursuant to the Qur’an.” [Emphasis hers]

You can read the judge’s ruling here (http://tool.donation-net.net/Images/Email/1097/110303_Order_in_Connection_with_Plaintiffs__Emerge ncy_Motion.pdf).

Now it’s not unusual for a dispute to arise within a religious institution and for a court to order a mediation or arbitration, in order to resolve this without the court having to render its own judgment.

But what makes this case unusual, and highly troubling, is that a group of Muslim leaders—the CURRENT mosque leaders—who do NOT want to be subject to sharia law, are being compelled to do so by an American judge!


“In effect, due process in an American court is being denied and Sharia law is being imposed on an unwilling participant,” Tillison writes. “Right here in Florida.”

But some commenters over at Jihad Watch don’t think this is a blatant example of creeping shariah. For example, commenter TheSSBlock explains that those involved in the case are simply asking the judge to be an arbitrator (something Tillison’s post recognizes), and that isn’t cause for alarm:



This isn’t the imposition of Islamic Law per se. Arbitration agreements (contracts) between parties are regularly taken to Civil Courts for enforcement in cases of dispute. Parties who agree to arbitrate have willingly chosen a method of dispute resolution outside of the court system. Arbitrators do not have to follow state or federal laws in making their decisions – or any recognized law at all.

Although not truly unlimited, if two parties agree to arbitrate their disputes, for all intents and purposes, they can bind themselves to an outcome under almost any system of law, of any religion, or any procedure. Unless a party can show fraud, duress, or coercion, an arbitration agreement functions like any contract which a court must uphold so long as it is clear, unambiguous, and freely negotiated. Consequently, a party may also have a cause of action in questioning the neutrality of the arbitrator or if no meaningful procedure was followed to guarantee a just result.

Upholding Islamic law agreed upon through arbitration is not really a problem. A problem would arise however, if, absent any agreement, the court attempted to invoke Islamic law on its own initiative, which of course it is not permitted to do.


TheSSBlock is correct to point out that the case is a civil, not a criminal, one. But there still seems to be a lot of questions. So we called the Circuit Court clerk in Hillsborough County, Florida. A representative there referred us to Judge Nielsen’s judicial assistant, so we called her, too. We did talk to that assistant, but she refused to comment on the case. Instead, she took our name and number and said she would try and have someone get back to us.

We’ll keep you updated.


SOURCE:
http://www.theblaze.com/stories/did-shariah-law-just-work-its-way-into-a-florida-court/

[FrankRep]

2010: States Take Preemptive Strike Against Sharia Law (http://www.thenewamerican.com/index.php/usnews/politics/4342-states-take-preemptive-strike-against-shariah)

Wary of the increasing influence of Shariah law and its international adherents, lawmakers in several states are taking preemptive measures to protect their jurisprudence and infrastructure from what they see as the frightening ascendancy of a pernicious dogma. by Joe Wolverton II

2010: Oklahoma Bans Sharia Law from Courts; CAIR Files Suit (http://www.thenewamerican.com/index.php/usnews/constitution/5097-oklahoma-bans-sharia-law-from-courts-cair-files-suit)

CAIR is filing suit against a measure in Oklahoma which would prevent Sharia law from being used in the state's courts. By James Heiser

2010: Judge Draws Ire in Suspending Oklahoma Sharia Ban (http://www.thenewamerican.com/index.php/usnews/constitution/5146-judge-draws-ire-in-suspending-oklahoma-sharia-ban)

Two days after Oklahomans voted in the mid-terms to ban Islamic, or Sharia, law from state courtrooms, the Council on American-Islamic Relations (CAIR) said it would file suit. by Kelly Holt

2011: Tennessee Bill Would Make Following Sharia Law a Felony (http://www.thenewamerican.com/index.php/usnews/constitution/6551-tn-bill-would-make-following-sharia-law-a-felony)

A bill introduced in the Tennessee Senate would criminalize the use of Sharia Law in that state. By James Heiser

[doodle]

Sharia blowback? As more and more Iraqi arab muslim refugees find their way into US or just walk across from Mexican border, naturally they will bring their sharia with them. Sometimes His hand works mysteriously.

Some moderate sharia like Iraq has might not be a bad idea in few select cities to remind our God's warriors that every action has consequences and blowbacks.

[ExPatPaki]

Oh no!! We're all going to die!! Time to go protest outside of a mosque with American flags made in China, and yell violent epithets at Muslim children!!

[specsaregood]

Here’s the kicker.
The judge recently ruled “This case will proceed under Ecclesiastical Islamic law,” (sharia law), “pursuant to the Qur’an.” [Emphasis hers]


That isn't what it says to me. It says that the judge upheld the arbitrator's decision. Do you know what arbitration is? This is not sharia law becoming US/FL law. This is the judge correctly ruling that both parties should live by the ruling of the arbitrator. A ruling that they both no doubt agreed to beforehand.

[ExPatPaki]

That isn't what it says to me. It says that the judge upheld the arbitrator's decision. Do you know what arbitration is? This is not sharia law becoming US/FL law. This is the judge correctly ruling that both parties should live by the ruling of the arbitrator. A ruling that they both no doubt agreed to beforehand.

Shut up specs. Muslims are evil for following Sharia. That's why we're killing them in Iraq and Afghanistan.

[juleswin]

My only problem is, what if 2 consenting adults go into an agreement to resolves some pressing matter with sharia law rules, should they not be allowed to do so because they are in the US? I know some jewish marriage laws (and am sure other religions can get exceptions too) are used to resolved cases in the US but for some reason when it comes to Islam, we draw a line in the sand.

Double standards just make me sick.

[FrankRep]

That isn't what it says to me. It says that the judge upheld the arbitrator's decision. Do you know what arbitration is? This is not sharia law becoming US/FL law. This is the judge correctly ruling that both parties should live by the ruling of the arbitrator. A ruling that they both no doubt agreed to beforehand.



The current mosque leaders want the case decided according to secular, Florida civil law, and their attorney has been vigorously arguing the case accordingly.

[specsaregood]

The current mosque leaders want the case decided according to secular, Florida civil law, and their attorney has been vigorously arguing the case accordingly.

Frank, do you know what Arbitration is? Did you read the big bolded underlined heading at the top of the image? What they are arguing is sour grapes because they didn't like the decision of the arbitrator. You don't go to arbitration unless both parties agree to it beforehand.

[ExPatPaki]

This exact same thing happened in our Muslim community in Virginia as well back in 1999. Nothing new here.

[Yieu]

This article is fear mongering.

What's wrong with private arbitration? Everyone has the right to resolve personal disputes in whatever peaceful manner they like, to include resolving them in peaceful and religious way.

[Jack Bauer]

This article is fear mongering.

What's wrong with private arbitration? Everyone has the right to resolve personal disputes in whatever peaceful manner they like, to include resolving them in peaceful and religious way.

Nothing as long as there are no rights, granted by American law, being violated by the arbitration's judgement.

[Jack Bauer]

Oh no!! We're all going to die!! Time to go protest outside of a mosque with American flags made in China, and yell violent epithets at Muslim children!!

For the childrensss !!! :rolleyes: Great argument strawboy. How many more words did you put in other's mouths today?

[FrankRep]

'This case will proceed under Ecclesiastical Islamic Law' (http://www.americanthinker.com/blog/2011/03/this_case_will_proceed_under_e.html)


American Thinker
March 20, 2011



A mind-boggling court order from Judge Richard A. Nielsen, of Hillsborough County (Tampa) Florida. Read the whole court order (http://www.jihadwatch.org/2011/03/florida-circuit-court-judge-allows-case-to-proceed-under-islamic-law.html), via Jihad Watch.

Oklahoma voters passed a law barring the application of sahria law, and it was struck down (http://www.foxnews.com/us/2010/11/08/oklahomas-ban-shariah-law-blocked-critics-say-attorney-general-failed-respond/) by a federal judge, U.S. District Judge Vicki Miles-LaGrange.

Whether the American people consent or not, multiculturalist elites have decided to ram sharia down our throats, apparently.

Hat tip: Ricochet (http://ricochet.com/main-feed/Islamic-Law-from-a-Circuit-Court-Judge) and Cliff Thier

[doodle]

This article is fear mongering.

Am I the only one who thinks this kind of news can be helpful if played up in evangelical circuits? It could be used to convince some pro war christians that "Fight them over there so we don't have to over here" is failed policy.

[Jack Bauer]

Am I the only one who thinks this kind of news can be helpful if played up in evangelical circuits? It could be used to convert some pro war christians that "Fight them over there so we don't have to over here" is failed policy.

That's a recipe for disaster.

[JamesButabi]

Boogie boogie boogie boogie

[specsaregood]

Whether the American people consent or not, multiculturalist elites have decided to ram sharia down our throats, apparently.


What right do the American people have to dictate private contracts between two consenting parties? I thought the JBS position was that government should only have the rights that individuals themselves have to give them. Well you don't have the right to dictate contractual terms between 2 unrelated parties.

[Yieu]

Nothing as long as there are no rights, granted by American law, being violated by the arbitration's judgement.

My point exactly.

[squarepusher]

FrankRep thread lol

[Yieu]

FrankRep thread lol

Yeah... one of those.

[Acala]

The judge is simply enforcing a choice of law provision in accordance with long-standing US law. When two parties enter into an agreement they can CHOOSE what law will apply ONLY to them in future disputes arising out of the agreement. If they subsequently have a dispute, a judge will enforce the choice of law provision by resolving the dispute in accordance with the law the parties AGREED to follow or by sending them to the arbitration system they chose.

It is very common for parties to a contract to agree that the law of a particular state will apply and/or that the rules of the American Arbitration Association will apply.

People should be free to choose what law they want to apply to themselves and anyone else who agrees.

This is a non-event.

[ExPatPaki]

This is a non-event.

You're just a Muslim lover who wants to shove Sharia down White Christian America's throats. /sarcasm.

[FrankRep]

Missouri Lawmakers Propose Ban on Islamic Law in Court
http://www.ronpaulforums.com/showthread.php?284322-Missouri-Lawmakers-Propose-Ban-on-Islamic-Law-in-Court

[daviddee]

...

[Zippyjuan]

Hmm. A religious group is told to try to solve their problem within the religious organization. Suddenly this becomes Sharia law being imposed by US courts- implying that the Muslims are taking over the US court system- which they are not. Oh well, it does come from Glen Beck's website.

The Missouri law proposal is not evidence of US Courts embracing Sharia law either. These are just to stir up more Islamaphobia.

[ExPatPaki]

Oh well, it does come from Glen Beck's website.

Also JihadWatch which is a neo-con, Israel-first website.

[jmdrake]

FrankRep, I ask you to read the following about Jewish law and binding arbitration and give your response in comparison to your OP.

http://www.bethdin.org/arbitration-mediation.asp
The Beth Din of America handles dispute resolution with confidentiality, competence, fairness and integrity.
Arbitration and Mediation

* How Cases are Brought to Beth Din
* Layman’s Guide to Dinei Torah (Beth Din arbitration proceedings)

The Beth Din of America is a full service mediation and arbitration organization. We have earned a reputation, among Jews across the ideological spectrum, for handling dispute resolution with confidentiality, competence, fairness and integrity.
Types of Cases

The Beth Din regularly arbitrates a wide range of disputes among parties, ranging in value from small claims to litigation involving several million dollars. These cases include: commercial (such as employer-employee, landlord-tenant, real property, business interference, breach of contract, breach of fiduciary duty, investor mismanagement, defective merchandise and unfair competition disputes), communal (such as rabbinic contract disputes and other congregational issues) and familial (such as family business, inheritance and matrimonial) disputes. Cases are heard by a panel of three dayanim (arbitration judges) or, on occasion, one dayan.
Expert Arbitration Judges

The dayanim who sit on cases include leading authorities on Jewish law, as well as lawyers and businessmen who are familiar with secular law and contemporary commercial practices. When appropriate, the Beth Din will either include expert professionals on an arbitration panel, or consult them as expert witnesses. Cases are decided under Jewish law, through the prism of contemporary commercial practice and secular law.

The following is a partial list of the people who have served as dayanim for the Beth Din of America: Rabbi Gedalia Dov Schwartz, Rabbi Mordechai Willig, Rabbi Michael Broyde, Esq., Rabbi Yona Reiss, Esq., Rabbi Shlomo Wahrman, Rabbi Moshe Dovid Tendler, Rabbi Hershel Schachter, Rabbi Aaron Levine, Rabbi Yosef Blau, Rabbi Steven Pruzansky, Esq., Rabbi Ronald Warburg, Rabbi Dani Rapp, Rabbi Julius Berman, Esq., Rabbi Sheldon Rudoff, Esq., Rabbi Kenneth Auman, Rabbi Joseph Karasick, Rabbi Adam Berner, Esq., Rabbi Michael Hecht, and Dr. David Pelcovitz.
Procedural Fairness

The Beth Din maintains an impartial and confidential relationship with each of its clients. Hearings proceed in conformity with the Rules and Procedures of the Beth Din.

Legally Binding Rulings

Prior to having a case heard by the Beth Din, litigants are required to enter into a binding arbitration agreement. The Beth Din conducts its proceedings in a manner that is consistent with the requirements of secular arbitration law, so that the rulings of the Beth Din are legally binding and enforceable in the secular court system.

To bring a case to the Beth Din of America, complete and submit an Application to Open a Din Torah Case. For further information about the din torah process click on How Cases are Brought to Beth Din, or read the Layman’s Guide to Dinei Torah (Beth Din arbitration proceedings). If you have any questions about the din torah process, please contact the Beth Din.

[Live_Free_Or_Die]

The current mosque leaders want the case decided according to secular, Florida civil law, and their attorney has been vigorously arguing the case accordingly.

Please cite the relevant Florida Statues governing secular civil law to back that up...


FrankRep thread lol

^that^

[devil21]

The judge is simply enforcing a choice of law provision in accordance with long-standing US law. When two parties enter into an agreement they can CHOOSE what law will apply ONLY to them in future disputes arising out of the agreement. If they subsequently have a dispute, a judge will enforce the choice of law provision by resolving the dispute in accordance with the law the parties AGREED to follow or by sending them to the arbitration system they chose.

It is very common for parties to a contract to agree that the law of a particular state will apply and/or that the rules of the American Arbitration Association will apply.

People should be free to choose what law they want to apply to themselves and anyone else who agrees.

This is a non-event.

Great explanation and I agree fully.

If this was an initial pleading in a civil suit then that's a different story. This is completely different and nothing to worry about.

[FrankRep]

Two Republican lawmakers target Sharia law in Florida (http://www.miamiherald.com/2011/03/10/2107427/two-republican-lawmakers-target.html)


The Miami Herald
March 10, 2011



Two Republican legislators want to make sure Florida courts aren’t tainted by what one of them calls foreign “shenanigans:” Muslim Sharia law or legal codes from other nations.

Neither Sen. Alan Hays nor Rep. Larry Metz, though, could name a Florida case where international law or Islamic law has caused a problem in a state court. They said they weren’t targeting Sharia, a body of law primarily based on the Koran and the Hadith, the sayings of Islam’s founder, Mohammed.

But the legislation, which resembles efforts in a dozen other states where Islamic law is under scrutiny, was copied almost word-for-word from the “model legislation” posted on the website of a group called the American Public Policy Alliance.

“American Laws for American Courts was crafted to protect American citizens’ constitutional rights against the infiltration and incursion of foreign laws and foreign legal doctrines, especially Islamic Sharia Law,” the group’s website says.

Hays, R-Umatilla, said he just wants to protect the rights of Floridians.


“I filed a bill that says in the courts of Florida the laws of no other country can be used to influence the decisions of Florida,” Hays said. “If it’s Sharia law or any other law – I don’t care what law it is – if it’s not a Florida law and if it’s some foreign law, it doesn’t belong in our courts.”
...

[jmdrake]

FrankRep, I ask you to read the following about Jewish law and binding arbitration and give your response in comparison to your OP.

http://www.bethdin.org/arbitration-mediation.asp
The Beth Din of America handles dispute resolution with confidentiality, competence, fairness and integrity.
Arbitration and Mediation

* How Cases are Brought to Beth Din
* Layman’s Guide to Dinei Torah (Beth Din arbitration proceedings)

The Beth Din of America is a full service mediation and arbitration organization. We have earned a reputation, among Jews across the ideological spectrum, for handling dispute resolution with confidentiality, competence, fairness and integrity.
Types of Cases

The Beth Din regularly arbitrates a wide range of disputes among parties, ranging in value from small claims to litigation involving several million dollars. These cases include: commercial (such as employer-employee, landlord-tenant, real property, business interference, breach of contract, breach of fiduciary duty, investor mismanagement, defective merchandise and unfair competition disputes), communal (such as rabbinic contract disputes and other congregational issues) and familial (such as family business, inheritance and matrimonial) disputes. Cases are heard by a panel of three dayanim (arbitration judges) or, on occasion, one dayan.
Expert Arbitration Judges

The dayanim who sit on cases include leading authorities on Jewish law, as well as lawyers and businessmen who are familiar with secular law and contemporary commercial practices. When appropriate, the Beth Din will either include expert professionals on an arbitration panel, or consult them as expert witnesses. Cases are decided under Jewish law, through the prism of contemporary commercial practice and secular law.

The following is a partial list of the people who have served as dayanim for the Beth Din of America: Rabbi Gedalia Dov Schwartz, Rabbi Mordechai Willig, Rabbi Michael Broyde, Esq., Rabbi Yona Reiss, Esq., Rabbi Shlomo Wahrman, Rabbi Moshe Dovid Tendler, Rabbi Hershel Schachter, Rabbi Aaron Levine, Rabbi Yosef Blau, Rabbi Steven Pruzansky, Esq., Rabbi Ronald Warburg, Rabbi Dani Rapp, Rabbi Julius Berman, Esq., Rabbi Sheldon Rudoff, Esq., Rabbi Kenneth Auman, Rabbi Joseph Karasick, Rabbi Adam Berner, Esq., Rabbi Michael Hecht, and Dr. David Pelcovitz.
Procedural Fairness

The Beth Din maintains an impartial and confidential relationship with each of its clients. Hearings proceed in conformity with the Rules and Procedures of the Beth Din.

Legally Binding Rulings

Prior to having a case heard by the Beth Din, litigants are required to enter into a binding arbitration agreement. The Beth Din conducts its proceedings in a manner that is consistent with the requirements of secular arbitration law, so that the rulings of the Beth Din are legally binding and enforceable in the secular court system.

To bring a case to the Beth Din of America, complete and submit an Application to Open a Din Torah Case. For further information about the din torah process click on How Cases are Brought to Beth Din, or read the Layman’s Guide to Dinei Torah (Beth Din arbitration proceedings). If you have any questions about the din torah process, please contact the Beth Din.



Two Republican lawmakers target Sharia law in Florida (http://www.miamiherald.com/2011/03/10/2107427/two-republican-lawmakers-target.html)


The Miami Herald
March 10, 2011



Two Republican legislators want to make sure Florida courts aren’t tainted by what one of them calls foreign “shenanigans:” Muslim Sharia law or legal codes from other nations.

Neither Sen. Alan Hays nor Rep. Larry Metz, though, could name a Florida case where international law or Islamic law has caused a problem in a state court. They said they weren’t targeting Sharia, a body of law primarily based on the Koran and the Hadith, the sayings of Islam’s founder, Mohammed.

But the legislation, which resembles efforts in a dozen other states where Islamic law is under scrutiny, was copied almost word-for-word from the “model legislation” posted on the website of a group called the American Public Policy Alliance.

“American Laws for American Courts was crafted to protect American citizens’ constitutional rights against the infiltration and incursion of foreign laws and foreign legal doctrines, especially Islamic Sharia Law,” the group’s website says.

Hays, R-Umatilla, said he just wants to protect the rights of Floridians.


“I filed a bill that says in the courts of Florida the laws of no other country can be used to influence the decisions of Florida,” Hays said. “If it’s Sharia law or any other law – I don’t care what law it is – if it’s not a Florida law and if it’s some foreign law, it doesn’t belong in our courts.”
...

[angelatc]

That isn't what it says to me. It says that the judge upheld the arbitrator's decision. Do you know what arbitration is? This is not sharia law becoming US/FL law. This is the judge correctly ruling that both parties should live by the ruling of the arbitrator. A ruling that they both no doubt agreed to beforehand.

Exactly.

[angelatc]

Two Republican lawmakers target Sharia law in Florida (http://www.miamiherald.com/2011/03/10/2107427/two-republican-lawmakers-target.html)

These men are idiots who deserve to lose their bids for reelection.