US judge cites Sharia Law in decision

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SUMMARY

A New Jersey judge recently cited a husband's beliefs under Sharia Law in a case where his wife claimed rape and sought a protective order. The judge did not assert that Sharia Law superseded US Law, but used the husband's religious beliefs as a rationale for not establishing criminal intent. This controversial ruling was overturned on appeal, highlighting the critical importance of equal protection under the law in a secular democracy. The discussion raises significant questions about the intersection of religious customs and legal standards in immigrant communities.

PREREQUISITES
  • Understanding of US legal principles regarding criminal intent and protective orders.
  • Familiarity with Sharia Law and its application in various jurisdictions.
  • Knowledge of the legal status of religious tribunals in secular states.
  • Awareness of the implications of cultural practices on legal rights and protections.
NEXT STEPS
  • Research the implications of Sharia Law in Canadian family law, particularly in Ontario.
  • Examine the role of religious arbitration in the US legal system, including Beit Din and Muslim Arbitration Tribunal.
  • Investigate the legal definitions of consent and criminal intent in sexual assault cases across different jurisdictions.
  • Explore the historical context of equal protection under the law in the United States and its relevance to immigrant rights.
USEFUL FOR

Legal professionals, policymakers, sociologists, and anyone interested in the intersection of law, religion, and cultural practices in a secular society.

  • #31
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  • #32
jarednjames said:
GeargCantor, words fail me.

You OWN a car, you DO NOT in any way own your wife / husband.

If you take two people, one says "I want to have sex with you" and the other says "no", but the first proceeds to do it anyway, that is rape, whether in marriage or not.


I understand now that is a commonly accepted understanding in the US, but you are asking for trouble with this. A "rape" by a husband is not comparable in ANY way WHATSOEVER to a rape by a stranger. And this is exactly 100.00% certain.
 
  • #33
GeorgCantor said:
Reference please.
as above

OF COURSE! At least once in their lifetime. Isn't that somewhat obvious?[/QUOTE said:
rubbish unless you prove it with a reference

If she has had sex for 5 years with you on 1003 occassions said:
again, rubbish

I am not from the US said:
i prefer that law to ones such as having a hand removed for theft...
 
  • #34
GeorgCantor said:
I understand now that is a commonly accepted understanding in the US, but you are asking for trouble with this. A "rape" by a husband is not comparable in ANY way WHATSOEVER to a rape by a stranger. And this is exactly 100.00% certain.

The physiological and psychological effects of rape whether from husband or stranger are no different.

edit: i want numbers to prove you 100% certain. so far you haven't given any references and as such are working against the rules of this forum
 

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