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Saturday, May 12, 2012


Kansas has passed a law, termed anti-Islamic, which forbids any decisions based on Shari'a or any other foreign legal codes.

This seems to apply to  the Jewish religious tribunal, the Beth Din, as well. Perhaps also to the Roman Catholic Marriage Tribunal.

All of these tribunals must conform to the secular laws of the lands in which they are located. However, it is often believed to be better to let the religious tribunals of a group handle matters and arbitration of matters relating to morals and religion. The results of the tribunals, again, must not transgress the laws of the land.

It appears to be - on the face of it - another legislative waste of time: poorly thought out, and will not stand up under scrutiny.
Exactly why questions of a strictly Islamic characters between Muslim parties should not be adjudicated under Islamic law, both parties willing and desiring this, and the decisions not contravening the laws of the State of Kansas nor those of the USA, should be a problem is unclear:  the Beth Din does not seem to present a problem.

I think we all have an idea of the dynamics behind this, however. We cannot seriously meet the problems we must face if we continually run after illusory problems.


Baysage said...

It's just a hate law. Oklahoma passed similar bill some months ago.

Montag said...

I reckon that we are in a sorry fix when you can't even get a plain old hate law straight!