Quote: Originally Posted by Scott Free
There is no reason Islamic law couldn't be enforced "voluntarily" under the system of common law. I don't see any reason at all to bring in a new system unless the intent is to replace the old system. That is scary because common law is very carefully balanced to apply the law in a uniform and fair manner; something sharia law definitely isn't.
OK, 1, Seriously, SHARIA IS NOT BEING BROUGHT IN, ITS BEEN PART OF THE BRITISH LEGAL SYSTEM FOR AGES. Dispute resolution can use ANY guidelines both parties agree to.
That means Sharia, that means farting contests, that means ANYTHING two parties both agree to.
2. Commonlaw is not carefully balanced at all, that is the direct opposite of what commonlaw is.
Commonlaw is a system whereby a judge makes up any damn ruling he happens to feel like, along with any punishment he happens to feel like
Until either the government makes a law (statute law) or a higher ranking judge makes a new ruling. ITs a british system of class based law, its really as archaic and stupid as Sharia law if not more so.
Carefully balanced law is Civic Code, also known as Roman Law or Napoleonic Law.
Its used in Quebec and Louisianna, as well as anyplace that wasn't once a british colony (or Britain itself obviously).
It is a vastly superior, carefully balanced legal system used by most of the world.
We do not have that.