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Edited on Mon Feb-14-11 02:48 PM by Lyric
There are plenty of faiths that have intra-faith courts, councils, and laws. Mormons, Catholics, Episcopalians, Orthodox Jews, the Byzantines...
This is all a reaction to what is essentially just the Islamic version of a rabbinical court or an ecclesiastical court. They serve the exact same function, and none of them carry any legal weight in terms of enforcing religious dogma. If someone breaks a religious rule that is not ALSO a civil law, then civil law isn't involved at all, and does not recognize the actions of the religious court. However, there are times when family courts or juvenile courts will take the actions and decisions of these religious courts into consideration--for example, if a Muslim teenager commits a felony, the Sharia court might testify about the punishments that he's receiving from THEIR end.
Sometimes church courts will have offenders serving out punishments before the civil case is even done. If a judge who was going to sentence a youth to 6 months of community service finds out that the kid has already started his community service at the behest of his religious authorities, how is it "wrong" to take that fact into consideration? This happens all the time with Protestant, Jewish, and Catholic religious authorities. It's really not unusual at all for a family court judge to say, "Well young man, it looks like your pastoral council has had you serving dinner to the homeless and picking up highway trash for the past six months. That's about the same as the punishment I'd have given you, so I'll let you go with probation and my STRONG suggestion to behave more responsibly in the future." Why punish someone twice for what's probably a minor offense, after all? The laws attempting to "ban" Sharia courts from having any effect on civil cases are looking to prohibit EXACTLY this, though--and ONLY for Muslims. Judges will still be free to come to these compromises with the religious authorities of other faiths.
The end result is that Muslim offenders will be doubly punished--once by the Sharia court, and again by the civil court, since neither can take account of the others' actions. It's utterly stupid. It's not like the courts are enforcing religious dogma. No civil judge is going to give legal weight to a rabbinical council's punishment for eating meat and cheese together, or a Sharia court's punishment for a man who commits adultery. Those are not civil crimes, after all. And no criminal judge is going to let a religious court's punishment for murder, rape, robbery, etc. stand in the way of civil punishment. Those are major crimes, and the situation is completely different than someone who spray-painted graffiti on a building or got caught consuming alcohol underage. But there's nothing wrong with a judge using common sense and discretion when religious courts and civil courts happen to agree on the punishment for a minor offense. It saves us time, money, and prosecution resources, without any danger to civil rights or liberty.
Sharia courts can't be "banned"--these laws are just xenophobic dramatics in which crazy people get to legally tell Muslims how much they hate them.
To be fair, I wouldn't have so much of a problem with it except that it deliberately singles out Sharia courts and ignores the other religious authorities. If these laws banned ALL religious court/council/leadership actions from being considered during a secular legal case, it would be different. It would still be an overreaction and a nuisance, and it would certainly cost us a lot of money, but at least it would be fair. This is just ludicrous.
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