jfhickey
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12 years ago @ Frontpage Magazine - The Threat of Sharia a... · 0 replies · 0 points
The original post alleges that "In the case of Joohi Hosain of Maryland, the court shockingly abandoned American standards, in making their ruling. The court ruling stated that the best interests of the child should be determined not by American law, but by applying Pakistani customs and an adherence to Islamic standards."
But this is false. The court applied Maryland law, which recognizes the civil decisions of other sovereign states and nations (like Pakistan) re marriage and child custody unless there it is clear that the foreign court "arrived at its decision by applying a law (whether substantive, evidentiary, or procedural) so contrary to Maryland public policy as to undermine confidence in the outcome of the trial."
You may believe that the Maryland court was wrong when it did not find that the foreign court "arrived at its decision by applying a law (whether substantive, evidentiary, or procedural) so contrary to Maryland public policy as to undermine confidence in the outcome of the trial." If so you should make that case.
The Maryland court did not "adhere to Islamic standards." It looked at the Pakistani civil proceedings, at which the wife did not present any evidence, and the Maryland court was unable to find that the Pakistani civil court applied law contrary to Maryland public policy.
It is true that the burden of proof is difficult for a woman in Ms. Husain's position. She has to show that the Pakistani court' was wrong in its procedural treatment of her failure to present evidence, and she has to show that it was so wrong that it violated Maryland public policy. Proving something was wrong with the workings of a foreign court is enormously difficult - though you may be convinced, it takes actual evidence - but that is the Maryland law.
You may think the Maryland law should be changed, but for an American state court to just presume, without proof, that a foreign nation is violating the state's public policy would cause great problems.
In any case, the decision of the Maryland court was not an abandonment of American standards or an adherence to Islamic standards. It was an application of the long-standing deference to foreign civil courts in these matters unless it can be proved by the plaintiff that the foreign court violated public policy.
If you want to be clearer about the issue, it might be helpful to talk about whether Pakistani courts explicitly and consciously follow some version of Shariah law in a way which should be found to violate Maryland public policy. Aren't there laws and procedures in Pakistan which are at least somewhat independent of Shariah law? And is it clear to you that in this case the Pakistani court did something (whether by following a repugnant precept of Shariah law or otherwise) which should have been in violation of Maryland public policy?
12 years ago @ Frontpage Magazine - Sharia versus Freedom · 1 reply · +2 points
12 years ago @ Frontpage Magazine - Sharia versus Freedom · 3 replies · -1 points
12 years ago @ Frontpage Magazine - Sharia versus Freedom · 4 replies · -1 points
12 years ago @ Frontpage Magazine - Six Sure Signs Someone... · 0 replies · -1 points
12 years ago @ Frontpage Magazine - Six Sure Signs Someone... · 1 reply · -2 points
Condemnation of "Islam" is condemnation of the religion of the Muslims who want to live in peace as well as condemnation of the religion of those who are violent. It is called religious bigotry, and it is despicable to spew hatred towards those you acknowledge want to live in peace, who vastly outnumber those who seek violence. Which do you seek?
12 years ago @ Frontpage Magazine - Six Sure Signs Someone... · 1 reply · -2 points
When Christian congregations build "mega-churches," does that convince you they have a secret plan for domination? You are showing signs of severe clinical paranoia.
12 years ago @ Frontpage Magazine - Six Sure Signs Someone... · 4 replies · -5 points
12 years ago @ Frontpage Magazine - Six Sure Signs Someone... · 4 replies · -10 points
12 years ago @ Frontpage Magazine - Six Sure Signs Someone... · 2 replies · -5 points
What Bell is doing is classic religious bigotry, driven by fear and ego. He isn't trying to make helpful criticisms of how Islam might be practiced, and you know it.