The Disguise:
The latest move, under the guise of helping Muslim women, would give sharia law priority over Australian divorce law.
If enacted, this plan would prevent Muslims from obtaining a civil divorce unless they first divorce under Islamic law.
The plan, published by the Alternative Law Journal, would require Muslims to appear first before a proposed Islamic divorce council made up of imams and lawyers who are familiar with sharia and Australian law.
Warning to Australians:
During a visit to Australia in August, British-based anti-sharia law campaigner Maryam Namazie said Australia should learn from Britain's mistake in extending a form of legal recognition to tribunals that use sharia law, not British law, to decide disputes.
Ms Namazie's organisation, One Law for All, produced a report last year that outlines how the British Arbitration Act has permitted sharia tribunals to make rulings based on principles that displace the normal law.
The rulings of sharia arbitrators can be registered with Britain's civil courts and then enforced as if they are judgments of mainstream courts, the report says.
Ms Namazie blames the liberal media in Britain and the British government for tolerating a form of "legal pluralism" that deprives individual Muslims of some of the rights enjoyed by other Britons.
"When you look at sharia's advancement, it restricts the rights and freedoms of Muslims first and foremost and therefore it is actually to the detriment of Muslims if it advances," Ms Namazie says.
Sharia law will override State law:
"The council will not have legally binding powers unless decisions were to be approved by a court during the civil divorce proceedings. A decree pronounced by the council would, however, be recognised by Islamic law."
The final step would require the inclusion of what Mr Essof describes as an "extra criterion" in a divorce application.
"The applicant would be asked if they were married through a religious Muslim ceremony. If the applicant responded in the affirmative, then they would be required to prove to the registrar that the couple has been divorced under sharia law. Unless there is official documentation to prove a religious divorce has been granted, an application for divorce under civil law would be denied."
read it all here
Thankfully, there is hope for the USA:
David Yerushalmi Esq. of Crown Heights, Brooklyn. |
A confluence of factors has fueled the anti-Shariah movement, most notably the controversy over the proposed Islamic center near ground zero in New York, concerns about homegrown terrorism and the rise of the Tea Party. But the campaign’s air of grass-roots spontaneity, which has been carefully promoted by advocates, shrouds its more deliberate origins.
In fact, it is the product of an orchestrated drive that began five years ago in Crown Heights, Brooklyn, in the office of a little-known lawyer, David Yerushalmi, a 56-year-old Hasidic Jew with a history of controversial statements about race, immigration and Islam. Despite his lack of formal training in Islamic law, Mr. Yerushalmi has come to exercise a striking influence over American public discourse about Shariah.
Working with a cadre of conservative public-policy institutes and former military and intelligence officials, Mr. Yerushalmi has written privately financed reports, filed lawsuits against the government and drafted the model legislation that recently swept through the country — all with the effect of casting Shariah as one of the greatest threats to American freedom since the cold war.
The message has caught on. Among those now echoing Mr. Yerushalmi’s views are prominent Washington figures like R. James Woolsey, a former director of the C.I.A., and the Republican presidential candidates Newt Gingrich and Michele Bachmann, who this month signed a pledge to reject Islamic law, likening it to “totalitarian control.”
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