- Joined
- Jan 11, 2012
- Messages
- 5,134
- Reaction score
- 6,123
- Gender
- Undisclosed
- Political Leaning
- Undisclosed
You know - I've read through a lot of articles to try to find references to court-documents from court proceedings, I'm not quite there yet - all the articles are like this: Look who’s deciding American court cases
Most articles cite Sharia law being applied to Muslim couples . . . custodial disputes, domestic violence, divorce (etc). None of them have cited Sharia law being used or non-Muslim people or cases. I imagine if that ever was the case it would be tossed outin a court of appeals.
If Sharia Law is being taken into account when ruling then I think what's really causing an issue is our 1st Amendment. Sharia law follows their religious faith. How far can a court go to overlook someone's own religious doctrine? We have a lot of cases in which religous-beliefs ARE used as a defense for things like animal slaughter, etc.
So I think it really does need to be addressed - but I don't think saying 'yo ucan't use any other laws' isn't enough. They already shouldn't be able to do it - but if they try to respect their religoius-beliefs or rule in alightment with someone's faith - as we already do in countless cases - then what are they suppose to do?
I think it's a slippery slope situation - and I don't think religious beliefs should apply at all in cases of divorce, child custody, and spousal abuse. . . but we do make considerations when ruling on numerous cases in regard to religous views and lifestyles. Hence why all those Catholic Priests who confessed to raping boys didn't actually serve serious jailtime for their crimes. The 'Catholic Church handled' it
Here is how the NJ courts dealt with one of the cases cited in your article...“a conflict between the criminal law and religious precepts,” the appellate court held that the defendant knowingly engaged in non-consensual sexual intercourse and thus could not be excused for his religious beliefs." This case and other issues regarding religious law is discussed in post 47...