Quote:
Originally Posted by Kona_Silat
I understand.
I mean more or less the judicial system is fair and appropriate for Muslims in the West. There is not a law that I can think of that is unfair to Muslims.
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Generally, it is fair but that doesn't mean it takes the nuances of Islamic / Muslim life into consideration, simply because there are many things in the Islamic way of life that are illegal, but yet are not so in Western law. And I'm sure I don't have to list these for you.
The main problem with implementing shariah law in the West is that of enforcement in the event of non-compliance. The land would not recognize shariah law as legally binding, and established law would always have the right to overrule or veto. Shariah law can only be used by mutual agreement by both or all parties involved, and if one party doesn't agree or doesn't even want to deal with shariah law in the first place, then they'll simply resort to using established law to address their concerns.
As far as I understand it - and this is just my opinion - in the eyes of Western law, shariah is essentially the same as if two parties made a mutual agreement with each other with all sorts of custom clauses, rules, regulations and stipulations that all signatories agree to.
If there is a dispute, then Western law will allow enforcement of that agreement as per the penalties stated in the agreement itself, such penalties or enforcement methods that all parties have agreed to
except if the penalties include taking life or limb, etc. in which case western, federal law would override such an agreement.
I mean, you and I could draw up some business deal with conditions, considerations, clauses, and penalties that no one has heard of before, but as long as we agree on the terms, we can mutually enforce it upon one another as well.
So, in the eyes of western law, shariah is just that - two or more parties consenting to abide by a set of rules drawn up between them.
Here in Ontario, we had
Marion Boyd, a former top Attorney General, release a very detailed report on allowing the adoption of sharia law in Ontario and in the end, she recommended doing it.
And this is a white, non-Muslim chick who did her due diligence and didn't allow the hate-mongers to sway her critical thinking processes.