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SUPERSAIYAN

I'm a 32 Yr. Old NewYorker who is very intrested in Politics, Current Events, History, ect
Articles Posted: 90  Links Seeded: 5504
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State Rep. Leo Berman says judges Dearborn, Michigan, practice Shariah law(Verdict: False)

Seeded on Sun May 15, 2011 5:46 PM EDT
Read ArticleArticle Source: Politifact.com Truth-O-Meter rulings from National
politics, sharia-law, leo-berman, dearborn-michigan, berman-not-telling-the-truth-in-stating-that-judges-in-dearborn-michigan-using-sharia-law
Seeded by SuperSaiyan
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This legislative session isn’t just about the budget; state Rep. Leo Berman has won House approval of a proposal that would prohibit courts from making legal decisions based on foreign laws, such as Shariah, the religious law of Islam.

On May 9, House members attached Berman’s legislation as an amendment to House Bill 274, a tort reform measure that Gov. Rick Perry earlier declared emergency legislation, before sending the overall proposal to the Senate.

But Berman, R-Tyler, drew our attention April 4 when he told the House Committee on Judiciary and Civil Jurisprudence that Shariah law is "being done in Dearborn, Mich," adding:"The judges in Dearborn are using, and allowing to be used, Shariah law. Also in England... in France and in Germany, the use of Shariah law is being allowed as well."

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SuperSaiyan

Dawud Walid, executive director of the Detroit-based Michigan chapter of the Council on American-Islamic Relations, called Berman’s claim "complete rubbish." Shariah is a "spiritual compass" that Muslims live by, not a "thick codex of laws," he said. "Obviously the U.S. and Michigan Constitution are the law of the land in Dearborn, Mich."

He offered this example: Islamic law prohibits a Muslim from marrying a Hindu. "But obviously if a Muslim male wants to go to the justice of the peace with a Hindu woman, he can marry a Hindu woman," he said. "Actions guided by a person’s belief in what God wills for him is not anything that can be endorsed by the state."

However, as PolitiFact Florida reported this month, courts may use religious laws when interpreting a contract that specifies, for example, Shariah as the legal foundation, and both parties agreed to those laws from the beginning.

Markus Wagner, a professor of international law at the University of Miami’s School of Law, said: "It happens all the time... We could use Jewish law, Canaanite law, so long as it doesn’t contravene public policy."

Detroit attorney Noel Saleh, who specializes in civil liberties and immigration law, told us in an email that "judges in Michigan (like all judges in the United States) are sworn to uphold the Constitution of the United States and the laws of the state." The Supremacy Clause in the U.S. Constitution makes the Constitution and the laws of the United States "the supreme law of the land."

As for the way Berman is suggesting judges use Shariah law, Saleh said: "There are no courts in Dearborn, Michigan that utilize Shariah law in any way, shape or form. This is an urban legend."

Lastly, we searched online and in the Lexis-Nexis database, which archives news articles, for evidence of Berman’s claim. We found nothing but unsubstantiated claims and speculation.

As we were finishing up this item, Mark Somers, chief judge for the 19th District Court in Dearborn, emailed us this statement: "As with every justice, judge and magistrate of this state, the judges and magistrates of Michigan’s 19th District Court are sworn to uphold and defend the Constitution and laws of the United States and of the State of Michigan and to faithfully discharge the duties of the office to which they have been elected or appointed. There are no other laws that govern the adjudication of the matters within the jurisdiction of this court."

All told, Dearborn Muslims, like all U.S. Muslims, may follow Shariah law in their personal lives and may enter into contracts — such as pre-nuptial agreements — bound by their principles. So may adherents of other religious faiths. And judges may use religious laws to interpret such contracts, providing all parties agree from the beginning.

Far as we can tell, though, judges don’t use Shariah law in lieu of the U.S. Constitution or state laws — nor are they doing so in Dearborn. We rate the statement False.

Seeder's Note: I added Politfact's finding of this claim to the headline, otherwise the headline is unchanged.

  • 5 votes
Reply#1 - Sun May 15, 2011 5:48 PM EDT
DonnaJ

What causes otherwise rational people to allow their legislative representatives to propose amendments and pass laws based solely upon vicious, deliberate lies and misinformation? Is it ignorance, racism, indifference...what?

When are we going get sick and tired and mad enough to put a stop to this kind of crap?

  • 1 vote
Reply#2 - Sun May 15, 2011 8:23 PM EDT
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