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Old 09-22-2008, 04:16 PM  
Libertine
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Join Date: May 2002
Posts: 17,860
Quote:
Originally Posted by buzzy View Post
Jews have had their own courts here for many many many many years, and now there are courts for Muslims on cases such as divorce but only if they both agree to be held in a Sharia court.

I'm perfectly happy with that, as both sides will have to give consent.
The "both sides will have to give consent" part is the problem. Because, in many cases, ties to family and such mean they actually will *have* to give consent, whether they want to or not.

A muslim woman divorcing an abusive husband will often be shunned by the family, simply for divorcing her husband. If it's possible to have a sharia court decide on further proceedings, choosing not to use that court might cause even more shunning, or even threats and violence. After all, apparently she's not just divorcing her husband, but also actively rejecting Islam!

Make it possible for people to consent to give up their legal rights, and you make it possible for others to pressure them into consenting.
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