Friday, September 3, 2010

Sharia Law Ruling In The United States

Sharia Law Ruling In The United States
 It's time that someone took this issue  and explained how it works and what impact it has here in America. Obviously, Sharia Law is still practice here depending on the person's beliefs and according to the article below, even judges are sometimes guilty of erring against the victim. Fortunately, in this case, the verdict was overturned.
   . . . June


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Hysteria At Heritage
James Downie   September 3, 2010 | 2:06 pm

The New Republic: "Cully Stimson, one of the Heritage Foundation's 'leading' legal experts, wants to educate the internet about 'The Real Impact of Sharia Law in America.' I think there are some problems with his opening example, though:

Does Sharia law allow a husband to rape his wife, even in America? A New Jersey trial judge thought so. In a recently overturned case, a “trial judge found as a fact that defendant committed conduct that constituted a sexual assault” but did not hold the defendant liable because the defendant believed he was exercising his rights over the victim.

Sounds insidious! Except, as the part I've bolded makes clear, the case was overturned. Stimson not only admits as much, but later on uses the appellate court's decision to strengthen his own case:

Fortunately, the New Jersey appellate court refused to tolerate the trial judge’s “mistaken” and unsustainable decision. The appellate court chastised the trial judge’s ruling, holding among other things that he held an “unnecessarily dismissive view of defendant’s acts of domestic violence,” and that his views of the facts in the case “may have been colored by his perception that…they were culturally acceptable and thus not actionable – -a view we soundly reject.” Although appellate courts typically defer to findings of fact by trial judges, under the circumstances, this appellate court correctly refused to do so, and reversed the trial court and ordered the permanent restraining order to issue.
Surely, then, this is just an aberrant case of a judge making a wildly incorrect decision? Not so, warns Stimson. "Make no mistake about it," he writes, "this is no isolated incident."

Read more of the article . .