Sep. 18th, 2008 | 11:23 am
A CRACK IN THE FOUNDATION OF WESTERN JUDICIAL PROCEEDINGS
The truth never needs to be explained or apologized for.It stand alone as a sentinel for freedom of epression.
SHARIA law has been officially adopted in Britain, with sharia courts given powers to rule on Muslim civil cases.
The government has quietly sanctioned the powers for sharia judges to rule on cases ranging from divorce and financial disputes to those involving domestic violence.
Rulings issued by a network of five Sharia courts are enforceable with the full power of the judicial system, through the county courts or High Court.
Previously, the rulings of sharia courts in Britain could not be enforced, and depended on voluntary compliance among Muslims. It has now emerged that Sharia courts with these powers have been set up in London, Birmingham, Bradford and Manchester with the network’s headquarters in Nuneaton, Warwickshire.
Two more courts are being planned for Glasgow and Edinburgh. Sheikh Faiz-ul-Aqtab Siddiqi, whose Muslim Arbitration Tribunal runs the courts, said he had taken advantage of a clause in the Arbitration Act 1996. Under the act, the sharia courts are classified as arbitration tribunals. The rulings of arbitration tribunals are binding in law, provided that both parties in the dispute agree to give it the power to rule on their case.
Siddiqi said: “We realized that under the Arbitration Act we can make rulings which can be enforced by county and high courts. The act allows disputes to be resolved using alternatives like tribunals.
Thus, Humpty Dumpty has fallen in Great Britain and can never be put back together!
This is a classic example of open and ncouraged immigration for Muslims and a politicaly correct action to accomidate diversity and muti-culturism.
West’s Florida Digest 2d, Volume 5 gives us a clear picture of our legal history. This volume notes that the “Common Law Of England” is in full force today, where there is no existing law that contradicts same, or when it is not in opposition to the U.S. or State Constitution or otherwise prohibited. Also, the term “Common Law Of England” does not refer solely to that developed in English courts, but has been expanded on by American courts as well.
It is a little known fact that the United States has adopted portions of English law, going all the way back to July 4, 1776. These laws were adopted by the United States and have been in effect from the beginning of our nation and are still in force today! Moreover, the origin of British common law, and subsequently that of our own American legal system which has been derived from Great Britain, has as its basis a Christian philosophy. source:Steven Costen
American and British Law is similar, and not identical because England still has a state church and ecclesiastical law has no direct counterpart here in the United States. However, despite the differences there is substantial common ground, especially in common law, between the two legal schemes.
The legislative workings of both the American and British courts is fundamentally the same, being driven mainly by judgments and opinions which are provided by superior courts in individual cases where matters of law are either in conflict, unclear or otherwise in doubt or dispute. In Our case the Supreme Court.
For this reason alone, I wonder how long time will elapse before there is a case brought before the Supreme Court to rcocognize Sharia law in disputes involving domestic disputes?