Islamic Law enforced by the Texas Supreme Court
- Thread starter Dr Fear
- Start date
FondrenRoad
1,000+ Posts
No. Just don't sign a binding arbitration agreement that subjects you to Islamic Law.
Brisketexan
1,000+ Posts
Parties can agree to settle their dispute by any legally permissible means.
They can agree to submit to arbitration per the AAA rules.
They can agree to submit to arbitration by Islamic Law.
They can agree to submit to arbitration by Leslie, applying the law of Peru.
They can agree to flip a coin.
They can agree to armwrestle.
They can agree to go best 2 outta 3 at spitting watermelon seeds for distance.
They can agree to measure their peckers against each other.
See where this is going?
This isn't exactly a scandal -- so long as the contract isn't to do something illegal (e.g., you can't agree to settle disputes with pistols at dawn, or by seeing who can beat the most children in a day, etc.), the courts will enforce it.
The court didn't enforce Islamic Law. The court enforced Texas contract law -- the subject matter of this particular contract happened to BE Islamic Law, but it just as easily could have been one of the scenarios above, all of which generally should be enforceable.
They can agree to submit to arbitration per the AAA rules.
They can agree to submit to arbitration by Islamic Law.
They can agree to submit to arbitration by Leslie, applying the law of Peru.
They can agree to flip a coin.
They can agree to armwrestle.
They can agree to go best 2 outta 3 at spitting watermelon seeds for distance.
They can agree to measure their peckers against each other.
See where this is going?
This isn't exactly a scandal -- so long as the contract isn't to do something illegal (e.g., you can't agree to settle disputes with pistols at dawn, or by seeing who can beat the most children in a day, etc.), the courts will enforce it.
The court didn't enforce Islamic Law. The court enforced Texas contract law -- the subject matter of this particular contract happened to BE Islamic Law, but it just as easily could have been one of the scenarios above, all of which generally should be enforceable.
dognduckhorn
500+ Posts
^^^
What Brisket said
Thread title ":Islamic Law enforced by the Texas Supreme Court" is a gross distortion of the truth here. Better title is "Texas Contract Law enforced by the Texas Supreme Court". But don't let truth get in the way of a good lie, Dr. Fear
What Brisket said
Thread title ":Islamic Law enforced by the Texas Supreme Court" is a gross distortion of the truth here. Better title is "Texas Contract Law enforced by the Texas Supreme Court". But don't let truth get in the way of a good lie, Dr. Fear
RollingwoodHorn
500+ Posts
LonghornLawyer
500+ Posts
Seriously--some of you people need to get over your Islamophobia. We like arbitration in Texas as codified by the Texas Arbitration Act. And if you can contract to have a priest arbitrate your case applying canon law, why can't you contract to have an imam arbitrate your case applying sharia?
scottsins
1,000+ Posts
i jsut want to say that it is utter ******** that binding arbitration clauses are upheld in consumer product cases.
the theory is freedom of contract. go ahead and refuse to sign any contract with a binding arb. clause for the next year and see how much **** you do not own.
the theory is freedom of contract. go ahead and refuse to sign any contract with a binding arb. clause for the next year and see how much **** you do not own.
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