A bunch of useless crap
Published on September 15, 2008 By MasonM In Blogging

Recently the UK formally gave binding legal status to Sharia courts there in regard to civil cases. They recognize these courts as legally binding arbitration.

http://www.timesonline.co.uk/tol/news/uk/crime/article4749183.ece

 

I just finished reading and replying to a thread on another forum entitled "The Worst Of All Possible Mistakes" in which the poster stated that "Great Britain has just committed suicide..." and " And thus collapses one of the oldest systems that claimed that everyone was equal before the law." with a link to the story for which I provided the url above.

Ok, I feel this person and many others who responded in like kind in that thread are seriously over reacting to this. It's not like the UK has replaced their court system with Sharia courts for God's sake! They are simply recognizing them as legal arbitration hearings for civil matters.

Legal arbitration is recognized in a great many nations and is a good way to resolve civil issues without wasting the time of the court system. Most disputes between unions and companies are resolved in such arbitration hearings, here in the States we even have a number of them shown on television starring people like Judge Judy, Judge Mathis, and even an openly gay judge hearing cases (that one can be hilarious at times).

Somehow I just can't quite make the leap from recognizing a civil arbitration body to "Great Britain has just committed suicide..." or " And thus collapses one of the oldest systems that claimed that everyone was equal before the law.". The leap in logic escapes me.

The extreme prejudice of some people never ceases to amaze me. mention anything that even remotely relates to a group they fear or hate, and the reactions are incredibly illogical and downright stupid.

 

Oh, by the way, this was my reasoned and measured reply in that thread (which I am sure won't be well received).

As long as they don't and can't forcibly extend it to non-Muslims what's the problem? It's not like they're forcing everyone in the nation to comply with their beliefs.

And we're talking about civil cases here not criminal, and in the case of arbitration both parties must agree to the arbitration at the onset or it's invalid. There are arbitration hearings held in a great many countries around the world every day and they are just as legally binding.

Ever see those tv judges? Those are all arbitration hearings, not formal courts. Pretty much the same thing.

 

 


Comments
on Sep 16, 2008

Theoretically, I agree with you. However, Sharia courts have a tendency towards extremism that is dangerous in the least. (I may be somewhat biased though by being in countries where Sharia courts were allowed to cut off fingers for smoking and undertake other similar practices. Sometimes they were practiced legally, other times, the law just gave a nod and a wink.)

Their methods of ensuring mutual agreement, even in western countries are often strict beyond belief, and so extremely high pressure as to make some of the old International Brotherhood of Teamster's methods of ensuring compliance under Hoffa seem mild.

Also, the formal recognition of it as an arbirtrary body gives authority that will help set precedence in cases, becoming in effect, common law, which may later have undue and undesirable influence upon standing legal practices.

But yeah, hardly suicide of the British nation. I mean really, I thought that was caused by the whole blood pudding thing.

P.S. How's the knitting going?

on Sep 16, 2008

I saw the headline - BLARING - Sharia Law in the UK.  SO I had to read it.  And like you found that some smart Muslim Cleric had used a loop hole to move the Sharia courts from a "show only status" to legal status as an arbiter and that in order to be enforceable, both parties have to agree (not just be muslim either).

It was way over hyped, so I left it on the internet.  SO far a non-story.  But my cynicism is telling me to watch and wait.  And see if these "minorities" make it more than that.  Creeping incremetalism.  Unfortunately, my experience is that it will happen.  But like the eternal fool, I always hope they will not take the next step and realize that sometimes, leaving a pig in a poke, is not a bad thing.

on Sep 16, 2008

Spc Nobody Special
Theoretically, I agree with you. However, Sharia courts have a tendency towards extremism that is dangerous in the least. (I may be somewhat biased though by being in countries where Sharia courts were allowed to cut off fingers for smoking and undertake other similar practices. Sometimes they were practiced legally, other times, the law just gave a nod and a wink.)

Their methods of ensuring mutual agreement, even in western countries are often strict beyond belief, and so extremely high pressure as to make some of the old International Brotherhood of Teamster's methods of ensuring compliance under Hoffa seem mild.

Also, the formal recognition of it as an arbirtrary body gives authority that will help set precedence in cases, becoming in effect, common law, which may later have undue and undesirable influence upon standing legal practices.

But yeah, hardly suicide of the British nation. I mean really, I thought that was caused by the whole blood pudding thing.

P.S. How's the knitting going?

 

I understand what you're saying, but as they are only legally allowed to arbitrate civil cases, not criminal, I don't see an issue here. Arbitration has been around for a very long time and since it isn't an actual court of law I don't see legal precedence being set through arbitration By definition arbitration is just two parties using a third party to negotiate a contract.

 

The knitting is going well. I finished the sweater and am now doing some baby booties for folks expecting babies in December. How goes yours?

on Sep 16, 2008

I always hope they will not take the next step and realize that sometimes, leaving a pig in a poke, is not a bad thing.

 

I agree.

on Sep 16, 2008

Arbitration is a great thing.  The problem with not having legal status is that they could be called upon to arbitrate, make a decision, and then that decision is not legally enforcable.  Well, now it is.  If you don't like the Sharia courts, don't have your arbitration hearing there.

on Sep 16, 2008

Jythier
Arbitration is a great thing.  The problem with not having legal status is that they could be called upon to arbitrate, make a decision, and then that decision is not legally enforcable.  Well, now it is.  If you don't like the Sharia courts, don't have your arbitration hearing there.

 

That's pretty much how I feel about it as well.

on Sep 16, 2008

The knitting is going well. I finished the sweater and am now doing some baby booties for folks expecting babies in December. How goes yours?

Slow. Still working on my illusion scarf, and about a quarter of the way through the first girl. My fault for going too complex.

on Sep 16, 2008

Spc Nobody Special

The knitting is going well. I finished the sweater and am now doing some baby booties for folks expecting babies in December. How goes yours?
Slow. Still working on my illusion scarf, and about a quarter of the way through the first girl. My fault for going too complex.

Cool, I haven't tried any illusion knitting yet. On the to do list. Look forward to seeing yours.