Florida judge correctly orders use of Islamic sharia law

Mar 22, 2011 at 1:43 PM

By Elliot Engstrom

It's enough to haunt the nightmares of any neoconservative worth his salt -- a judge in America is applying Islamic law in the courtroom!! However, this summary, which is all that most opposors of the judge's actions say on the subject, is crucially inaccurate. The St. Petersburg Times reports:

...Hillsborough Circuit Judge Richard Nielsen is being attacked by conservative bloggers after he ruled in a lawsuit March 3 that, to resolve one crucial issue in the case, he will consult a different source.
"This case," the judge wrote, "will proceed under Ecclesiastical Islamic Law." Nielsen said he will decide in a lawsuit against a local mosque, the Islamic Education Center of Tampa, whether the parties in the litigation properly followed the teachings of the Koran in obtaining an arbitration decision from an Islamic scholar.

If you haven't yet heard people frantically yelling about how this is an example of Muslims taking over our culture, you soon will. For example, two Republicans in Florida are already on the move. So, for when you encounter such people, let me explain a few things.

The judge is not applying Islamic law to the case as a whole. Rather, he is properly applying it to an arbitration agreement between these two specific parties. The defendant is a mosque and the plaintiffs are men who formerly were trustees of the mosque and feel they were improperly ousted. The parties previously engaged in an arbitration agreement with an Islamic scholar under Sharia law. Now, one of the tasks of Judge Nielsen is to decide if that arbitration was properly acquired and conducted. To decide if an arbitration was properly acquired and conducted under Sharia law, the judge logically must use Sharia law. The trial as a whole will be conducted under Florida law, as is every state court trial in Florida.

This is not an unconstitutional establishment of religion, nor is it an attempt by Muslims to impress their laws upon our culture. Rather, this is a court doing exactly what courts are supposed to do -- settling disputes between parties. At dispute is an arbitration conducted under Sharia law. So, Sharia law must be considered. It would be no different if the parties had engaged in an arbitration agreement under the laws of the Realm of Gondor. However, it looks like this fuel for anti-Muslim panic is too good for some to pass up, so prepare to hear misinformation about this case for some time to come.

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A libertarian-oriented group I'm part of on Facebook is somewhat saturated with Islamophobic neocon sorts that almost completely derailed the group with their "MOOSLIMS TAKIN OVER SHARIA LAW GET YOUR HEAD OUT OF THE SAND YOU SHEEP" crap for a while.

I saw one post about this on there already; didn't know the context but still wasn't much worried. I'll have to bring this up with the facts if they try to break any more of that out.

Submitted by Jude Reed on March 22, 2011.

I find it somewhat humorous that those that know the least... tend to say it the loudest. Generally speaking I ignore any contributions by those that can't spell or punctuate at, at least, a 4th grade level. If they weren't smart enough to absorb knowledge past that grade level, it's obvious they are not smart enough to have a well informed opinion.

But being ignorant of the facts never stopped a "patriot" from speaking up... even when their point of view is based on no more than racism, cultural hatred and fear, while 100% contradicted by actual facts. What is sad about the "tea party" movement is that it's turning words that used to have a positive connotation (like "patriot"), and tarnishing them forever. I can't see the word "patriot" anymore without picturing a bloated red neck in a stained t-shirt displaying some hate filled slogan.

After citing 10 statistics and fact based points on why Unions are good for the economy and (more importantly) the middle class... including that they are not the reason US jobs are shipped overseas (main factors for that being bloated executive and management pay and out of control health care costs), and that the 1950's was the biggest economic boom period in US history precisely because it was the largest expansion of unions in the country... my debate opponent went right back to ... "but unions are bad - they make jobs go overseas."

I don't mind debating... but real debate requires that one counter an argument with actual facts.. or at least a valid hypothesis. Simply repeating the same mantra over and over again just makes you a political Stepford Wife.

Submitted by Sue (not verified) on March 23, 2011.

Uh...you know this post isn't about unions, right?

Submitted by Bonnie Kristian on March 23, 2011.

I was going to say something and then I was just like...what's the point.

Submitted by Elliot Engstrom on March 23, 2011.

I do agree that unions do not make jobs go overseas but they do not create jobs either. By inflating the cost of labor employers do not have as much money to hire other workers. Also we had an economic boom in the 1950's because all of our competition was bombed to ruin during WW2. One of our enemies even had atomic weapons dropped on them. Those countries were also occupied, Germany was split in two and Japan had their enitre government and even language replaced.

Submitted by Ryan Smith on March 23, 2011.

OH... and PS: the other reason we are losing jobs overseas is an OVERVALUED dollar. Just like Ron Paul says... our economic policies are taking this country down. We need to reign in the fed and overhaul our monetary policy that is causing out of control inflation and just making the rich richer at the expense of the poor and middle class. Unions support the middle class by bringing up all wages within an industry. When they are gone... the middle class will collapse and America, as we know it, will be gone.

Submitted by Sue (not verified) on March 23, 2011.

They certainly follow Islamic law in connection with their spiritual endeavors. -Unilife Alan Shortall

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