'Anti-Sharia' law is back

[KRAIT]

Sorry bro, it is a bill against religious laws being considered in any judgments of the family courts. The bill undermines Shariah. Muslims are citizens of the USA. It deprives the Muslim communities in the USA the right to practice their religion. In my view it is unconstitutional

How is it denying it. What's wrong with alimony support and child support ?

All I have to do is convert into Islam before marriage and if I want to take divorce, which is very high in the US, I don't have to pay alimony or child support ?

Why should a person have different rules because of his/her religion ? Isn't it favoritism ?

Tell me how it is stopping Muslims from observing their religion ? It will actually keep some marriages as a Muslim may try more to save his marriage without getting any favoritism that he don't have to alimony.

 

[Azazel]

"Congress shall make no law prohibiting the free exercise of religion..". See, that's my concern right there relating to this law

Since the Jews are against this law,It will be interesting to see how far this law will go.I don't understand what theu are palnning to achieve with this.But if it really proves to be against religious freedom.It won't last long.

 

[Voxx]

Then why do so many pigs live happily in the ME and Indians emigrate by the millions to stone age of middle east

they work there because ME pigs need them , they have shortage of brain power (pigs always have).

ME pigs don't change their laws for them .

 

[KRAIT]

@KRAIT @Contrarian Time to take inspiration and pass the darned uniform civil code in our own nation for once and for all- rendering all personal laws based on religion null and void. Any idea how deep this issue has been buried by all the Political parties so as to not damage their poll chances?
The Americans got it right and they've got as cumbersome process as any in the world when it comes to passing laws and yet we're sitting on our hands and doing nothing..

Forget it. The party which will take this, will be kicked out of power in no time. Congress will again use Muslim vote bank.

For this law to pass, we need rational citizenry in very high majority, and that we don't have.

 

[KS]

Yes . And the constitution enshrines the right or freedom to practice your religion. It is a contract between the government of the USA and its citizens, including the Muslim citizens of the USA

If that contract includes anti-humane laws like divorcing over mobile phone and not liable to pay upkeep then hell with those laws. People have evolved from the 7 th century and its time those laws are dumped.

That extends to all religions..not just Islam.

Every citizen in a country must one law and must not be discriminated based on his faith.

 

[PlanetWarrior]

How is it denying it. What's wrong with alimony support and child support ?

All I have to do is convert into Islam before marriage and if I want to take divorce, which is very high in the US, I don't have to pay alimony or child support ?

Why should a person have different rules because of his/her religion ? Isn't it favoritism ?

Tell me how it is stopping Muslims from observing their religion ? It will actually keep some marriages as a Muslim may try more to save his marriage without getting any favoritism that he don't have to alimony.

With respect, the example you are using holds no weight. The obligation to pay maintenance is tried and tested in the US courts. If a Muslim raises Shariah for example in that case then clearly the courts can disregard that on the basis that his or her refusal to pay maintenance is unconstitutional. My concern is for example a Muslim dying and requiring that his or her estate be divided according to Shariah in his/her last Will. If anybody disputes that and the matter heads to a family court for decision, will the judge now be obliged to disregard Shariah (and the deceased's last wishes) even tho there is no harm to the State, no constitutional violation and indeed a grave injustice to the deceased and the beneficiaries according to Shariah ??

 

[KRAIT]

Then why do so many pigs live happily in the ME and Indians emigrate by the millions to stone age of middle east

Indian go just like other SA countries fr Money. If you don't know, middle east has tonnes of money which they spend like fools.

 

[Dillinger]

Forget it. The party which will take this, will be kicked out of power in no time. Congress will again use Muslim vote bank.

For this law to pass, we need rational citizenry in very high majority, and that we don't have.

There was a time when certain elements in the BJP were pursuing it. I guess you can't be too secular in a secular democracy..lest you don't value your head.

 

[KS]

With respect, the example you are using holds no weight. The obligation to pay maintenance is tried and tested in the US courts. If a Muslim raises Shariah for example in that case then clearly the courts can disregard that on the basis that his or her refusal to pay maintenance is unconstitutional.

That is picking and choosing and by disregarding the sariah in that case you are still refusing the muslim the right to practise his faith in full. (by your logic)

If your position is Muslims must be allowed to practise their religion including Shariah, then why place limits on that..they must be allowed to go the whole hog else that is hypocritical.

 

[KRAIT]

With respect, the example you are using holds no weight. The obligation to pay maintenance is tried and tested in the US courts. If a Muslim raises Shariah for example in that case then clearly the courts can disregard that on the basis that his or her refusal to pay maintenance is unconstitutional. My concern is for example a Muslim dying and requiring that his or her estate be divided according to Shariah in his/her last Will. If anybody disputes that and the matter heads to a family court for decision, will the judge now be obliged to disregard Shariah (and the deceased's last wishes) even tho there is no harm to the State, no constitutional violation and indeed a grave injustice to the deceased and the beneficiaries according to Shariah ??

When you have two laws, one benefiting from Sharia, one from Regular laws of State, you will have collusion. How will you solve it ?

Today, Muslims want their laws for property division, tomorrow Hindus, Christians etc, may come up with their own rules. Can't Muslims agree with laws of the state and so hell bent to have their own Law system.

There was a case in India asking to declare Ahmedis as Non-Muslim, Court threw out the case. Now what does your Sharia law say about them ?

Tomorrow people will say take blood money and settle the murder cases. Where does it end ?

You allow one thing, it will snow ball.

 

[PlanetWarrior]

Please limit the discussion to the unconstitutionality of the law and not to personal feelings about Islam. If you find that hard to do so the change the scenario around. Just imagine this bill saying that "Hindus may not be cremated and must be buried" for example. The issue is not Shariah etc. It is the right of Muslims and other minority communities in the United States to freely practise their religion in accordance with the freedom promised to them in the constitution of that nation

 

[scrumpy]

The bill, SB 58, bans courts or other legal authorities from using religious or foreign law as a part of a legal decision or contract relating to family law. Florida law would supercede foreign law regarding divorce, alimony, the division of marital assets, child support and child custody. The bill is ready to be heard on the House floor but it has more committee stops in the Senate. Last year, the bill passed the House but died in the Senate.

Have there been any instances of a foreign or religious law used in a family case? The only instance was a case where a Jewish couple was allowed to use jewish law for divorce proceedings in a manner akin to arbitration. I don't see anything wrong in this sort of scenario where other secular requirements like marriage registration/dissolution is allowed. As long as both parties enter this agreement with full knowledge and the registration/dissolution requirements are according to secular law so that it is binding.

Arbitration is useful when you want to avoid expenses in court cases and both parties are happy using it.

 

[PlanetWarrior]

@KRAIT and KS...you can't lose sight of the most important factor here. The US constitution does provide for any law being void if it is in conflict with the constitution of that country. Therefore raising unconstitutional aspects of Shariah holds no weight. My concern is limited to those aspects of Shariah which are in line with the constitution of the USA.

 

[KRAIT]

There was a time when certain elements in the BJP were pursuing it. I guess you can't be too secular in a secular democracy..lest you don't value your head.

Well buddy, I told you before, when PM announces what he has done for Minorities especially, you can see the Govt. is already discriminating over religion.

I want 2 child policy in India, irrespective of whatever the religion people follow. We can't have such a fast growth rate of people in India which already has 1.2 billion people.

 

[Azazel]

If that contract includes anti-humane laws like divorcing over mobile phone and not liable to pay upkeep then hell with those laws. People have evolved from the 7 th century and its time those laws are dumped.

That extends to all religions..not just Islam.

Every citizen in a country must one law and must not be discriminated based on his faith.

You are taking it too far.Courts will not allow unfair practices based on any religion.Courts will honor agreements made under religious law, but not if they're grossly unfair.Recently In Maryland, for example, a Muslim husband tried to give his wife almost nothing when they divorced, citing Islamic law.

"And in very sharp terms, the Maryland court said, 'This violates our fundamental sense of fairness and our fundamental commitment to equality of women, and we're not going to let you void that by reference to Islamic law,'"

That's why I don't agree with your arguement of diceimination.There are no discrimination.