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In reply to the discussion: States are incrementally banning Sharia Law. What about Orthodox Jewish law? [View all]jberryhill
(62,444 posts)29. Yes, you win the prize - "religious law" can be a subsidiary fact question
Now, go read some of the "anti shariah law" proposals.
They literally prohibit courts from applying religious law to ANY question. There is no carve-out for answering subsidiary questions of fact in a legal dispute properly before the court.
For example, if the will says, "I leave my house to my son, provided he marries a Catholic by age 25, otherwise the house goes to St. Alphonso's Pancake Breakfast Mission" then the son and St. Alphonso's are going to end up in Probate Court to figure out whether he married a Catholic.
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States are incrementally banning Sharia Law. What about Orthodox Jewish law? [View all]
no_hypocrisy
May 2012
OP
Not really, because you'd need to label the pork as something other than pork
Bluenorthwest
May 2012
#7
Because you have to say it is not pork. Does the law allow one to sell beef as lamb? No.
Bluenorthwest
May 2012
#10
And what of the jurisdictions with halal laws, which you claim do not exist?
Bluenorthwest
May 2012
#35
Gee councilor surly, I said in my post I do not know what that law says. I said you might be right
Bluenorthwest
May 2012
#47
The fraudulent beef example is better for it lacks the I assume unintended implication
Bluenorthwest
May 2012
#38
Are they really applying Sharia law or just trying to come up with a definition?
treestar
May 2012
#22
The point is that that's why they aren't being targetted by legislation. (nt)
Posteritatis
May 2012
#66
All religious law should be banned; Canon Law, Rabbinical Courts, and Sharia Law
FarCenter
May 2012
#12
Unless kosher is a defined term in the commercial code of the state, it is unenforceable.
FarCenter
May 2012
#20
When the determination of "fraud" depends on a determination of religious law
jberryhill
May 2012
#51
Sticking strictly to your example, define "kosher" for the purposes of the court.
cleanhippie
May 2012
#28
No, the question will be whether the defendant and the plaintiff are working from the same
cleanhippie
May 2012
#33
The burden will be on you to prove that I did not fulfill my part of the contract.
cleanhippie
May 2012
#57
You are now moving the goalposts. Stop adding conditions to try and meet your case.
cleanhippie
May 2012
#39