Sharia Law Enforced in Texas!
ChrisB on Feb 08 2008 at 4:26 pm | Filed under: Chris' Page, Law, Religion and theology
Well, kinda. After the whole row over the Archbishop of Canterbury’s declaration that Sharia Law in Britain is “unavoidable“, Eugene Volokh notes that it has been allowed in some US court, in a way. It seems some parties entered into a contract that provided for arbitration based off of rules of sharia law, and the judge upheld the arbitration. From my understanding, this isn’t a judge using Sharia to make a ruling, nor it being enshrined into a legal system, but simply provisions of a contract being upheld. Perhaps Michael can chime in and let me know where I’ve erred, and clarify it some more. This is not to say that I agree with the Archbishop, but just thought it was interesting to keep in mind.
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The Archbishop’s statement was more nuanced and what-not, something about adapting some aspects for whatever value of the word “some” he had in mind.
I would think that the adaptable aspects would be the ones held in common already so which of the contrary aspects did he have in mind?
A contract and arbitration is a different matter so long as the contract and penalties are otherwise legal. (ie. a contract to force marriage of your daughter when she came of age to some guy she didn’t want wouldn’t fly, regardless.)
You got it, Chris.