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  1. #1
    Senior Member alamb's Avatar
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    Florida Judge Orders Use of Islamic Law in Mosque Case

    Link: http://www.newsmax.com/Newsfront/tampa- ... /id/390356

    Interesting, right? Immigration is so good for us Americans!

    Florida Judge Orders Use of Islamic Law in Mosque Case
    Tuesday, 22 Mar 2011 02:35 PM
    By Newsmax Wires


    TAMPA — A Tampa judge is under fire after ruling that he will follow Islamic law in a case against a local mosque that ultimately could decide who controls $2.2 million in state money.

    Hillsborough Circuit Judge Richard Nielsen said he will decide in a lawsuit against a local mosque, the Islamic Education Center of Tampa, " whether the parties in the litigation properly followed the teachings of the Koran in obtaining an arbitration decision from an Islamic scholar," tampabay.com reports.

    "This case will proceed under Ecclesiastical Islamic Law," the judge wrote in his March 3 ruling.

    The case stems from a lawsuit filed by several male members of the mosque who say that in 2002, they were unfairly and improperly removed as trustees, the site reported. The center later received $2.2 million from the state after some of its land was used in a road project, and who controls that money is part of the lawsuit.

    Tampabay.com quoted the mosque’s attorney saying his client has appealed to the 2nd District Court of Appeal challenging Nielsen’s use of religion in the case.

    "The mosque believes wholeheartedly in the Koran and its teachings," attorney Paul Thanasides said. "They certainly follow Islamic law in connection with their spiritual endeavors. But with respect to secular endeavors, they believe Florida law should apply in Florida courts."

    Sen. Alan Hays and Rep. Larry Metz, Florida Republicans, filed legislation to prevent Islamic law, or any foreign legal code, from being applied in state courts, tampabay.com said.


    © Newsmax. All rights reserved.

  2. #2
    sugarhighwolf's Avatar
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    Can a Judge do that? Use a non US law to judge a US lawsuit, on US territory and in a US court? If so then I want to use my religious laws next time I have to go to court.

  3. #3
    Senior Member Reciprocity's Avatar
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    Quote Originally Posted by sugarhighwolf
    Can a Judge do that? Use a non US law to judge a US lawsuit, on US territory and in a US court? If so then I want to use my religious laws next time I have to go to court.
    No he can't, this Judge crossed way over the line here, Judges can not circumvent US Laws in lew of Religious Laws period.
    In questions of powerlet no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. Thomas Jefferson

  4. #4
    Senior Member ReformUSA2012's Avatar
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    I'd have to review the case to really understand it, but based on the little the article says is this if I'm correct.

    There was a mediation/arbitration between Muslims settled by an Islamic Scholar. The lawsuit looks like its contending the decision is a corrupt decision on the mediation that favored the rich/powerful likely.

    From what I understand the judges use of Islamic Law and the Koran will be only in deciding if the mediation/arbitration was fair by Islamic Law as that is what the lawsuit is about or biased towards the rich/powerful against Islamic Law. However if found that its biased then the decision on judgements would be based on US Law and so forth.

    Now I really hate the idea of using Islamic Law in any court case, however in this ONE example it would make sense as its not an independant lawsuit against the Mosque but challenging the arbitration as biased in favor of the Mosque against Islamic Law which the original mediation was supposed to be about.

    Consider we have had thousands of similiar cases within Catholic Churches where a mediation within the Church community was found. But if someone didn't like that do they just claim a different court to try again or contest that the agreed mediation was biased?

    We are far more troublesome worries such as honor killings by Muslim families who try and claim Islamic Law in US legal cases. Families who generally kill their daughters for becoming to westernized, refuse an arranged marriage with someone from back home, convert, or other situations. Those are my real worries.

  5. #5
    working4change
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