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The Forum > General Discussion > Submission to introduce Sharia Law

Submission to introduce Sharia Law

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In that context though csteele what would characterise a Sharia Law contract from any other in a divorce proceeding? How does it differ? How do the Jewish Getts differ from other arrangements? Do these contracts or agreements require the consent of both parties?

There are many aspects that need to be addressed within those absolutes. Who knows perhaps the Jewish and Muslim approach might work better and teach us something about divorce processes. However, as stevenmeyer points out people are already free to make private arrangements and agreements. Courts tend to come into it only when there are disagreements about distribution of property or child custody arrangements and it is those disputes that must ensure both parties are protected equally to other Australians.

It would be worthy in this discussion to know just what is involved in Sharia Law divorce proceedings.
Posted by pelican, Wednesday, 18 May 2011 11:36:01 PM
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If you look, here in this thread, you can see how religion came about.
Many want to convict those who see no reason to bring a form of separation to our country as bashing Muslims.;
A religion had the answers to that, control thoughts and opinions, make thinking a sin.
In reverse now, why come to a country like ours if its laws are in competition with your religion and its belief?
Let those hurling stones at us, tell me what would happen, come do so please, if we stood in Saudi Arabia and demanded our country's laws be introduced, for us?
Look again at the requested changes, see the laws that are currently being side stepped for Sharia.
Seemingly mild, innocuous some will say,but a first step from a group that has many from within tell us they will have it in 50 years in any case and in total.
Separatism is practiced, knowingly and some times to taunt and you better believe it is true.
How would I be walking in an Arab city wearing stubbys and thongs?
Bleeding hearts fail to impress me.
An increasing threat to Civilization from SOME within this religion, has to ASK this question.
Why do we constantly bend to ANY religion, surely our future would be better if fables did not have the power to divide us.
Posted by Belly, Thursday, 19 May 2011 6:51:37 AM
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Pelican

>> It would be worthy in this discussion to know just what is involved in Sharia Law divorce proceedings. >>

I reckon that many aspects of Sharia divorce would catch on with the likes of Formersnag, James H et al.

As for the introduction of what I understand to be an archaic (in general - just like most of the Middle Eastern religions) system of law (there are good bits - like no interest on loans) however, overall it is at odds with Australian Law and, therefore, cannot be introduced.
Posted by Ammonite, Thursday, 19 May 2011 9:00:20 AM
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Belly,
I have given a lot of thought to your question as to why someone would want to go and live in another country that has laws alien to that persons beliefs.

The only rational answer i can come up with is that the person sees himself as a pioneer for his beliefs and thus works toward changing his adopted countries culture.

A former Nigerian President once said, along these lines. "A million arabs one day will go to Europe and not as friends. They will conquer Europe through the wombs of their women"

That process may well be underway.
Posted by Banjo, Thursday, 19 May 2011 9:06:38 AM
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Banjo, make room for me on that Naughty boys bench.
I agree, and that will put us both there,in the minds of some.
Time will prove them not us wrong.
We are not talking about race.
Not skin color.
Not eating or living habits, we are, in my case, not talking about closing Australia's doors.
It is a religion, like every one that ever existed, it believes it alone is the right one.
Its book and its actions in Africa at least show death is our future.
Yet we mostly have given up our once close ties to our religions, many only go to Church to be wed or buried.
This religion is not going away.
It uses our freedoms against us, but we are denied those freedoms in their country's.
Western women, TV reporters or others MUST wear HEAD scarves in their streets, consider that.
Yet if I am offended by a black full body suit with a slit for eyes walking in My city I am xenophobic!
Nice Lady's, trying to be nice to every one, but blind to concerns justly held are not changing my mind.
Sharia law must not exist side by side with ours .
And stop now, the knee bending to so small a minority, we never did it for any other group.
It is My right, just as practicing any religion, to say I am threatened by any group wanting to live by other than my country's laws,and want no God telling me how to live.
Posted by Belly, Thursday, 19 May 2011 12:47:00 PM
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Lots of heat. Not much light.

It is my understanding - and it certainly is the case in the UK - that sharia "courts" are used voluntarily by those concerned.

This would address pelican's concern.

>>My difficulty with is envisioning a State where different rules apply to different people on substantially important issues.<<

These are voluntary rules. If you prefer to have your divorce settlement issues adjudicated by Beth Din rather than the Family Court, then you would first need to embrace Judaism, then agree to be bound by Beth Din's findings.

Which should also confirm stevenlmeyer's view:

>>It seems to me that under these circumstances, unless the sharia court verdict in some way violates specific principle of Australian law, the secular court should enforce the verdict of the sharia court.<<

The key here being that the ruling must not itself be illegal, according to Australian law. If it is, then Australian law prevails.

Banjo also has it right:

>>Therefore it is an arbitration body without legal power under our laws.<<

The article headlined "Sharia law applied secretly in Sydney" is interesting too. For one thing, it patently ain't much of a secret, if they are quite happy to discuss it. And second, it clearly serves an acceptable social purpose:

"Religious divorces are basically for women whose husbands can't be found or they refuse to divorce them"

Just to underline their purpose:

"...sharia law was also being used to settle workplace and neighbourhood disputes. 'Really, anything that does not have a criminal element'"

The term "between consenting adults" would seem appropriate here.
Posted by Pericles, Thursday, 19 May 2011 1:00:28 PM
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