26 October 2011
An article in the St. Petersburg Times (25 October 2011) reports that a Florida Appeals court has apparently upheld the use of Islamic Law (Sharia) by a judge considering the disposition of Mosque assets. Surprisingly, it was actually the intneded use, by the judge, to use sharia that prompted the Islamic Education Center of Tampa to challenge its use.
Here are some brief excerpts from the article:
In a case that has attracted national attention, the 2nd District Court of
Appeal on Friday denied without comment a petition to prevent Judge Richard
Nielsen from invoking Islamic law.
The petition, filed by the Islamic Education Center of Tampa, contested a
March ruling by Nielsen announcing his intent to use “ecclesiastical Islamic
law” in the case…
Like everything else in the litigation, the meaning of the appeals court
ruling is in dispute.
Attorney Paul Thanasides, representing the mosque, said an appeals court
decision without a written opinion means the court wasn’t addressing the merits
of the case.
Thanasides said the U.S. Constitution and Florida law prevent Nielsen from
following Islamic law. On Monday, he filed a motion with the judge asking him
to dismiss the case for lack of jurisdiction…
“Florida law is clear that courts may not decide corporate governance disputes
involving religious organizations,” the motion said…
At the time of Nielsen’s original decision, the political atmosphere was already
charged with debate that Islamic law had gained a toehold in U.S. courts.
Even before Nielsen’s ruling, two Florida lawmakers, Sen. Alan Hays and Rep. Larry
Metz, announced legislation to prevent the use of any foreign legal code being
applied in state courts.
The legislation was not adopted by Florida lawmakers.
In May, the Center for Security Policy released a study that evaluated 50 appellate
court cases in 23 states involving issues related to Islamic law.
The study noted Islamic law has been “formally recognized” in state courts.
Links to more articles, on this story, can be found below:
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St. Petersburg Times
