Representative Tancredo Proposes Anti-Sharia Measure in Wake of U.K. Certification of Islamic Courts

Jihad Prevention Act” would deny U.S. visas to advocates of ‘Sharia’ law, expel Islamists already here

Friday, September 19th at 11:32PM EST

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Recommenders: Hammer2008 (Diary)

The headers above are the first two lines on the good Congressman’s website from 18 September.

Please follow this link to see for yourself . . . . Representative Tom Tancredo (Colorado) – Thank You !

I’d like to see this bill go a bit further in scope and since we are at war with these “people”, have it be enacted immediately by executive order from our Commander In Chief.

Cheers!

Kenny Solomon
Typical Bitter God-Clinging Gun Owner ….. and NASCAR fan

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Actually, in Britain, the new Sharia

cdm (Diary) Saturday, September 20th at 12:59AM EST (link)

courts are civil only, and a a form of alternate dispute resolution (mediation and/or arbitration). Over here, this would be when both parties of a civil suit agree to take their case out of the courts system, and allow a mediator to decide the issue.

My feeling is that if both parties are willing to go to arbitration/mediation, and that they both want a Sharia mediator, then let them.

I’d rather they not be in the court system in the first case.

The deference given sharia courts

Achance (Diary) Saturday, September 20th at 6:04AM EST (link)

by the formal judiciary will be the key. One of the real problems with labor arbitration is the extraordinary deference given to it by American courts, at least in the private sector. If the British Courts give the level of deference to Sharia courts that American courts give labor arbitrators, I think it would be offensive to Anglo-American principles of human and civil rights.

American courts will not set aside an arbitration award that is inconsistent with statute and have held that even setting aside on public policy grounds requires a clearly articulated public policy (Scalia wrote that one in Eastern Coal, a drugs in the workplace case).

They’re tougher on court-ordered ADR and Constitutional claims, but the theory here is that the parties could have exercised their statutory or Constitutional rights but volutarily agreed to the more expedited system so they can live with the result. One has to wonder just how voluntary going before a Sharia court might be for, say, a woman wanting a divorce.

In Vino Veritas

Submit to Sharia compuslion?

Hammer2008 (Diary) Saturday, September 20th at 9:50AM EST (link)

As Achance mentions, what kind of pressures would bear down on women desiring a divorce (or one who doesn’t want one) to go forward with Sharia-arbitration?

This would be an opening up of one huge pandora’s box. What if Git’mo detainees (or future ones) were to get approval to move their trials into a Sharia system. Knowing just how Congress/aides love to leave open loopholes or add amendments to bills, I would be amongst many who would vebe vary wary of allowance of Sharia law to supplant our courts.

What becomes of Sharia law as practiced in the West and in U.S. cases such as this?

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Too much noise! “Noise! You’ll have noise enough before long. The Regulars are coming out.” ~ Paul Revere (April 18th, 1775′s eve…)

I see your point on divorce, but in any case there

cdm (Diary) Saturday, September 20th at 1:34PM EST (link)

are high levels of pressure to go one way or the other: the other side, the judge who wants it off his/her docket, pressure of co plaintifs or codefendents.

I think that I would consider the point to be more valid if it was the only source of pressure coercion.

In reality, it is one of many, and the point of being in court, at its essence, is standing up for yourself, and what you believe is right.

Of course, my wife the litigator would tell you the point is to stand up for the checking accounts of plaintiffs counsel and the experts.