M
- Reaction score
- 1
- Points
- 230
We‘ve had Indian courts here in some provinces for a bit. They act much like the other two courts do, metting out their own justice by their own judges. It can be worse however, in Sudan sharia courts have applied to everyone, us infidels included, though there were stopgaps protecting the christians a bit.
- Reaction score
- 6
- Points
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Really? Ever watch Judge Judy?
Can‘t recall the exact legal terms, but these courts would only apply to civil proceedings, not criminal proceedings, and both parties must agree to the alternative dispute resolution, for example, I couldn‘t go to a Jewish court and sue you without your consent.
Basically, both parties sign an agreement stating that they will abide by the arbitrators decision.
The setting up of "Muslim Courts" as such is just setting up a formal system of alternative arbitration.
- Reaction score
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- Points
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If the Sharia were a mandatory means of settling legal disputes for Muslims living in Canada, then perhaps the secular question could be asked.
As it stands, from what I gather, this is an optional means of arbitration and a private venture not neccessarily supported by the government.
As it stands, from what I gather, this is an optional means of arbitration and a private venture not neccessarily supported by the government.
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mattoigta
Guest
Yeah whats the big deal - we‘ve already got other Arbitration systems out there (ie Native, Jewish)
- Reaction score
- 6
- Points
- 430
Mr. Baker, I get the feeling you don‘t entirely understand what this is...
It‘s alternative arbitration. It‘s not set up by the state, but in this case, it‘s set up by the muslim community.
They can‘t hand out criminal verdicts, only civil verdicts.
Consider this. I sue you. Neither of us really has the time to wait for the civil courts to open up a spot for our lawsuit on the docket, but I‘m willing to wait if I have to...
We can both sign a contract that says we‘ll accept alternative arbitration. We find an arbitrator... it can be a hobo of the street if we both agree to it, in the case of the courts that are being set up, basically they‘re offering a formal system for you to find an arbitrator, familiar with muslim concepts of property. We both present our case to the arbitrator, and the arbitrator makes a decision, then we‘re both contractually obliged to abide by it. Can the arbitrators decision be over turned by a court of law? Yes, but if the arbitrators decision was fair to begin with, you‘re going to be tossed of court.
Now, on this nonsense about stonings. If a judge in a muslim court within Canada was to hand out a verdict saying somone was to be stoned, then not only would the enactors of the stoning be charged with murder, but also the arbitrator (judge) would be charged with at minimum manslaughter, probably also murder, and anyone involved in the trial could also be tried with manslaughter.
Why would somone want to have a muslim court? Expertise in the culture. What two muslims would consider a fair settlement WITHIN THE LAW might be different then a fair settlement that two jews, or two albino traffic cops might consider a fair judgement WITHIN THE LAW. Remember, it‘s a voluntary agreement between the two parties.
It‘s alternative arbitration. It‘s not set up by the state, but in this case, it‘s set up by the muslim community.
They can‘t hand out criminal verdicts, only civil verdicts.
Consider this. I sue you. Neither of us really has the time to wait for the civil courts to open up a spot for our lawsuit on the docket, but I‘m willing to wait if I have to...
We can both sign a contract that says we‘ll accept alternative arbitration. We find an arbitrator... it can be a hobo of the street if we both agree to it, in the case of the courts that are being set up, basically they‘re offering a formal system for you to find an arbitrator, familiar with muslim concepts of property. We both present our case to the arbitrator, and the arbitrator makes a decision, then we‘re both contractually obliged to abide by it. Can the arbitrators decision be over turned by a court of law? Yes, but if the arbitrators decision was fair to begin with, you‘re going to be tossed of court.
Now, on this nonsense about stonings. If a judge in a muslim court within Canada was to hand out a verdict saying somone was to be stoned, then not only would the enactors of the stoning be charged with murder, but also the arbitrator (judge) would be charged with at minimum manslaughter, probably also murder, and anyone involved in the trial could also be tried with manslaughter.
Why would somone want to have a muslim court? Expertise in the culture. What two muslims would consider a fair settlement WITHIN THE LAW might be different then a fair settlement that two jews, or two albino traffic cops might consider a fair judgement WITHIN THE LAW. Remember, it‘s a voluntary agreement between the two parties.
Y
Yes Man
Guest
Voluntary arbitration is under the law not above.
Think of it like this, you bump into the back of someone‘s car while going to work and the guy‘s rear bumper gets wrecked. Instead of going through insurance the two of you choose to handle it on your own. You go to the nearest mechanic and ask him what it would cost to fix, and you agreeing to pay what ever price the mechanic quotes.
Think of it like this, you bump into the back of someone‘s car while going to work and the guy‘s rear bumper gets wrecked. Instead of going through insurance the two of you choose to handle it on your own. You go to the nearest mechanic and ask him what it would cost to fix, and you agreeing to pay what ever price the mechanic quotes.
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mattoigta
Guest
Yes but the catch is: both parties have to agree to the process.
Y
Yes Man
Guest
Something to note in this discussion is that religion can and does discriminate in Canada. But everything also falls under the "within limits" clause.
- Reaction score
- 1
- Points
- 410
I see nothing wrong with this. As noted it is a formal alternate means to settle a dispute that both parties must agree to abide by prior to entering in to. We have precendents for it in place, both the already noted Jewish one and those used by several First Nations Communities.
I don‘t see it trampling anyones rights as they have to choose to utilize it or the traditional court system.
The operative thing here is that it‘s a voluntary alternative. One of the things I like about living here is our multi-cultural make-up. My wife comes from another culture and I enjoy interacting with her family and learning new things.
One of the things I detest is the mandated official multi-culturism shoved on us by the state, read Liberals. It has been open to abuse since it‘s inception and a waste of taxpayers money.
I don‘t see it trampling anyones rights as they have to choose to utilize it or the traditional court system.
The operative thing here is that it‘s a voluntary alternative. One of the things I like about living here is our multi-cultural make-up. My wife comes from another culture and I enjoy interacting with her family and learning new things.
One of the things I detest is the mandated official multi-culturism shoved on us by the state, read Liberals. It has been open to abuse since it‘s inception and a waste of taxpayers money.
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