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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Little Joe who wrote (144658)9/19/2010 10:38:49 PM
From: epicure  Read Replies (1) | Respond to of 543106
 
Let me explain this to you. In this country we have a separation of church and state. "Real" state sanctioned courts cannot be religious under the constitution as it now stands. European courts may not have that luxury.

That does not mean people cannot submit privately to sharia law, just as some submit privately to Papal law, but it would be stupid to make a law about it since we already have the constitution- unless, of course, you just want to have a crusade against Muslims and pick on them- in that case, what you are proposing makes a lot of sense. But alas, it doesn't make much sense aside from that. I thought PFP, from whence you sprang, was full of constitutional law lovers. They didn't tell you about the separation of church and state?



To: Little Joe who wrote (144658)9/20/2010 1:15:45 PM
From: Cogito  Read Replies (1) | Respond to of 543106
 
>>Given what is going on in Europe, I do not think it will be long before there will be a more blatant push for Sharia Law here, and given the history of the Courts in imposing their views, I think a law forbidding Sharia courts might help. It is certainly not high on my list of priorities, but I do believe it is a battle we will likely have to fight.<<

If you're convinced that the Supreme Court might allow the establishment of Sharia Courts by interpreting the Constitution bizarrely, why do you think having Congress pass a law to prevent that would help? The Supreme Court could rule that law was unconstitutional.

At present, if two muslims (or anyone else for that matter) have a civil dispute, and they want to resolve it by going before a Sharia Court, they would have that right, just as two Catholics could ask a priest to mediate a disagreement. But no Sharia Court presently has the right to prosecute criminal matters, which are the sole province of the constitutionally established judicial system. That is true here, and it's true in the UK, for example, where Sharia Courts have been allowed to adjudicate civil matters only.

The entire issue is a red herring which serves no purpose other than to generate fear.