Wednesday, October 26, 2011

Islam makes inroads through U.S. courts

Many cases being decided by edicts from Muhammad
Posted: October 25, 2011
By Michael Carl © 2011 WND

Islamic law, or Shariah, already is being applied in the U.S. court system, according to an extensive new report.
A recent Center for Security Policy study called “Shariah Law and American State Courts: An Assessment of State Appellate Court Cases outlines dozens of cases in which the Islamic system of law has been applied.
Center spokesman David Reaboi said the Islamic strictures are being carried out mostly in cases in which foreigners are the principals.
“Shariah enters U.S. courts through the practice of comity to foreign law,” Reaboi explained. “This happens, for example, when a judge decides to allow the use of say, Pakistani or Saudi family law (Shariah) in a dispute between Pakistanis or Saudis.”
He said the study only scratches the surface of Shariah’s presence in the nation.
“For every case in this sample drawn from published appellate legal cases, there are innumerable cases at the trial level that remain unnoticed except by the participants,” the study said.
Among the cases cited was one from New Jersey in which a wife sought a restraining order against her husband because of spousal abuse.
“S.D. (wife) and M.J.R. (husband) were both Muslims and citizens of Morocco and both resided in New Jersey. After only three months of marriage, husband began physically abusing wife.” the report said.
“The trial court refused to issue a final restraining order against husband finding that, although husband had harassed and assaulted wife, husband believed it was his religious right,” according to the report.
“The New Jersey appellate court reversed the trial court and ordered that the trial court enter a final restraining order against husband. The New Jersey appellate court stated that the trial court erroneously allowed the husband’s religious beliefs to excuse him from New Jersey’s criminal code and that husband knowingly engaged in non-consensual sex with wife,” the report said.
The report also presents details of 19 more “top cases” and a summary of 50 cases from 23 states that have used Shariah as the basis for court decisions...
Read the full article at WorldNetDaily
H/T Vision To America


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