Alabama Sharia Law

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ZekeB
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Alabama Sharia Law

#1

Post by ZekeB » Sun Nov 02, 2014 3:47 pm

I didn't think any State had a Sharia Law ballot measure going this election. Only in Alabama: (at least as far as I know)



http://thinkprogress.org/justice/2014/1 ... haria-law/




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Suranis
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Alabama Sharia Law

#2

Post by Suranis » Sun Nov 02, 2014 9:50 pm

The big thing is - Which sharia law. From the little I know of the subject, though islamists don't like to admit it there are a LOT of different sets of Sharia Laws.



All the different sects of Islam could make Christianity look like a united choir.


Irony can be pretty ironic sometimes.

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Mikedunford
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Alabama Sharia Law

#3

Post by Mikedunford » Mon Nov 03, 2014 2:45 am

Sharia Law also encompasses more than simply religious and criminal matters. The Sharia (in essentially every version) also incorporates quite a bit of commercial law. (That's not a feature unique to the Sharia. I've read a few international commercial law cases that involve arbitrations that began in the London Beth Din.)



And, of course, in their haste to institutionalize religious bigotry, the sponsors of the Alabama initiative are trying to bar the use of any foreign law in Alabama courts. If Alabama is truly unfortunate, they will pass this measure and the measure will be upheld as constitutional. This will do more to guarantee that the state remains an economic backwater than almost anything else I can think of.


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Scratch
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Alabama Sharia Law

#4

Post by Scratch » Tue Nov 04, 2014 6:00 pm

At the very least, it'll get the fringes off those damn flags.



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Sterngard Friegen
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Alabama Sharia Law

#5

Post by Sterngard Friegen » Tue Nov 04, 2014 7:53 pm





Sharia Law also encompasses more than simply religious and criminal matters. The Sharia (in essentially every version) also incorporates quite a bit of commercial law. (That's not a feature unique to the Sharia. I've read a few international commercial law cases that involve arbitrations that began in the London Beth Din.)



And, of course, in their haste to institutionalize religious bigotry, the sponsors of the Alabama initiative are trying to bar the use of any foreign law in Alabama courts. If Alabama is truly unfortunate, they will pass this measure and the measure will be upheld as constitutional. This will do more to guarantee that the state remains an economic backwater than almost anything else I can think of.







Jews would be unable to agree to resolve their disputes using Jewish law. Christians would also be deprived of faith-based arbitrations.



Of course there are many law review articles on the subject. Here's one.



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ZekeB
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Alabama Sharia Law

#6

Post by ZekeB » Wed Nov 05, 2014 10:17 am

It passed.



http://www.huffingtonpost.com/2014/11/0 ... 05086.html



Now they can live with it. I'm going to watch for the little side issues that come with this. Perhaps it's time to have every law in Alabama thrown out that is based on the Ten Commandments.


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realist
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Alabama Sharia Law

#7

Post by realist » Wed Nov 05, 2014 12:24 pm





It passed.



http://www.huffingtonpost.com/2014/11/0 ... 05086.html



Now they can live with it. I'm going to watch for the little side issues that come with this. Perhaps it's time to have every law in Alabama thrown out that is based on the Ten Commandments.











If Amendment 1 is approved on the November 4, 2014 ballot in Alabama, the following text will be added to the Alabama Constitution:[1]









PROPOSED AMENDMENT

(a) This amendment shall be known and may be cited as the American and Alabama Laws for Alabama Courts Amendment.

(b) The law of Alabama provides:





(1) The State of Alabama has developed its unique public policy of laws based on the United States Constitution, as protected by Amendment 10 to the United States Constitution.







(2) Upon becoming a state in 1819, Alabama adopted its first constitutional and statutory enactments, upon which it has built the rights, privileges, obligations, and requirements of its government and citizens.







(3) Both the provisions of the Alabama Constitution and the statutes and regulations of the State of Alabama, with interpreting opinions by its courts of competent jurisdiction, have developed the state's public policy.







(4) The public policy of the State of Alabama protects the unique rights of its citizens beginning with Article I, Section 1 of the Constitution of Alabama of 1901, guaranteeing the equality and rights of men. Except as permitted by due process of law and the right of the people to vote for self-determination, the rights, privileges, and immunities of the citizens of the State of Alabama are inviolate.







(5) Different from the law of the State of Alabama is foreign law, which is any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.







(6) Alabama has a favorable business climate and has attracted many international businesses. While Alabama business persons and companies may decide to use foreign law in foreign courts, the public policy of Alabama is to prohibit anyone from requiring Alabama courts to apply and enforce foreign laws.







(7) The public policy of this state is to protect its citizens from the application of foreign laws when the application of a foreign law will result in the violation of a right guaranteed by the Alabama Constitution or of the United States Constitution, including, but not limited to, due process, freedom of religion, speech, assembly, or press, or any right of privacy or marriage.







(8) Article IV, Section 1, of the United States Constitution provides that full faith and credit shall be given by each state to the public acts, records, and judicial proceedings of other states. Provided, however, when any such public acts, records, and judicial proceedings of another state violate the public policy of the State of Alabama, the State of Alabama is not and shall not be required to give full faith and credit thereto.



(c) A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.

(d) If any contractual provision or agreement provides for the choice of a foreign law to govern its interpretation or the resolution of any dispute between the parties, and if the enforcement or interpretation of the contractual provision or agreement would result in a violation of a right guaranteed by the Constitution of this state or of the United States, the agreement or contractual provision shall be modified or amended to the extent necessary to preserve the constitutional rights of the parties.

(e) If any contractual provision or agreement provides for the choice of venue or forum outside of the states or territories of the United States, and if the enforcement or interpretation of the contract or agreement applying that choice of venue or forum provision would result in a violation of any right guaranteed by the Constitution of this state or of the United States, that contractual provision or agreement shall be interpreted or construed to preserve the constitutional rights of the person against whom enforcement is sought. If a natural person subject to personal jurisdiction in this state seeks to maintain litigation, arbitration, an administrative proceeding, or a similarly binding proceeding in this state, and if a court of this state finds that granting a claim of forum non conveniens or a related claim violates or would likely lead to the violation of the constitutional rights of the nonclaimant in the foreign forum with respect to the matter in dispute, the claim shall be denied.

(f) Any contractual provision or agreement incapable of being modified or amended in order to preserve the constitutional rights of the parties pursuant to the provisions of this amendment shall be null and void.

(g) Nothing in this amendment shall be interpreted to limit the right of a natural person or entity of this state to voluntarily restrict or limit his, her, or its own constitutional rights by contract or specific waiver consistent with constitutional principles. However, the language of any such contract or other waiver shall be strictly construed in favor of preserving the constitutional rights of the natural person in this state. Further, no Alabama court shall be required by any contract or other obligation entered into by a person or entity to apply or enforce any foreign law.

(h) Except as limited by subsection (g), without prejudice to any legal right, this amendment shall not apply to a corporation, partnership, limited liability company, business association, or other legal entity that contracts to subject itself to foreign law in a jurisdiction other than this state or the United States.

(i) Where the public acts, records, or judicial proceedings of another state violate the public policy of the State of Alabama, the State of Alabama shall not give full faith and credit thereto.[2]





http://ballotpedia.org/Alabama_Foreign_ ... xt_changes


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esseff44
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Alabama Sharia Law

#8

Post by esseff44 » Wed Nov 05, 2014 2:06 pm

8) Article IV, Section 1, of the United States Constitution provides that full faith and credit shall be given by each state to the public acts, records, and judicial proceedings of other states. Provided, however, when any such public acts, records, and judicial proceedings of another state violate the public policy of the State of Alabama, the State of Alabama is not and shall not be required to give full faith and credit thereto.



Does that apply to Same-sex Marriages from out of state will not be recognized? Isn't this going to be a constitutional problem as far as supremacy?



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Alabama Sharia Law

#9

Post by gupwalla » Wed Nov 05, 2014 3:47 pm

Alabama is not going to spontaneously recognize out of state same-sex marriages so this language changes nothing. It was always going to take an order from a federal judge. So this changes nothing.

I am neither a lawyer nor a constitutional expert but I think this language captures current federal precedent. If a state should try to abuse their public policy exception, a federal judge will eventually disabuse them.


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Mr. Gneiss
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Alabama Sharia Law

#10

Post by Mr. Gneiss » Wed Nov 05, 2014 4:09 pm

Of course, IANAL, but this may lead to some entertaining decisions when diversity and the Erie doctrine are applicable. :mrgreen:



ducktape
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Alabama Sharia Law

#11

Post by ducktape » Wed Nov 05, 2014 6:16 pm

While Alabama business persons and companies may decide to use foreign law in foreign courts ...

As I learned to say in Alabama, "well, it's mighty white of them to allow that."



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