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The civil judgements by the Muslim Arbitration Tribunal may not contravene English criminal law but its civil rulings are clearly not compatible and within UK civil law.
I merely asked you for examples of the above assertions that you made and you have declined to give me any.
The scope for the HIgh court to intervene, when enforcing the Muslim Arbitration Tribunals' judgements, is limited to refusing to enforce remedies that are illegal or contrary to public policy/interest .
In the UK, Sharia law is applied by the Muslim Arbitration Tribunals on Commercial and Debt matters and the High Court enforces it.
Originally posted by ollncasino
You talk about reputable sources (which I have provided) and then you cite a very amateur looking blog (a blog?) called
www.chasingevil.org...
Originally posted by joewalker
Its civil rulings can refer to islamic laws but to be enforceable, may not contravene the civil laws of the UK.
Incorrect. Incidentally, you mean English law. The UK has 3 legal systems - English, Scottish and Northern Irish.
You pointed out yourself that a Scottish Arbitration Tribunal could be set up in London.
If you are suggesting that its rulings could only apply Scottish civil law within the confines of English civil law legislation and common law decisions, then you are mistaken. If you think about it, you must realise that yourself.
A Scottish Law Arbitration Tribunal in London would apply Scottish civil law and its judgements would be enforceable unless those judgements contravened English criminal law or public policy.
A Muslim Arbitration Tribunal in London applies Muslim Sharia law and its judgements are enforceable unless those judgements contravene English criminal law or public policy.
Originally posted by blupblup
And you know, because you're somehow connected, that every single attack you just listed was perpetrated by Islamic terrorists?
Originally posted by maybereal11
The Religion of Peace site is a scam...
Originally posted by maybereal11
Now he is simply making money off of contributions from Islamaphobic hate mongers like yourself. Quite profitable these days.
Originally posted by maybereal11
You should not judge veracity or truth by how glitzy a site is. I won't comment on how inane that makes you look. Wise up.
Originally posted by joewalker
May I respectfully request that you go away and look up Alternative Dispute Resolution with specific reference to Arbitration Tribunals.
Originally posted by joewalker
Bai Jove, I think you are finally getting it, except for the reference to criminal law and forgetting to include Wales again.
I had a search, but I couldn't prove your case for you. Any chance of you doing so?
Does this mean that any London based Tribunal making a decision using Scots law in a contract case, will have to tie its knickers in a knot worrying about whether both sides have supplied consideration?
Originally posted by joewalker
Did you look on any of HM Courts sites? Ministry of Justice? A quick google and glance at wiki probably wont do it.
Originally posted by joewalker
Is 'knickers in a twist' a legal term now lol.
Where would the conflict occur? By agreeing to submit to a tribunal which uses Scots law as a basis, both parties are stating they understand all ramifications of their decision.
The question you could have asked of course is, would a Court in E&W enforce a tribunal decision due to the difference in law between the two legal systems?
Is that the question you thought you were asking?
The High court merely provides the legal force to enforce a remedy. When enforcing the Tribunal's ruling, it doesn't look into the merits or legal findings of the Muslim Arbitration Council. It merely enforces them
Originally posted by joewalker
reply to post by ollncasino
Heh, heh, read and comprehend olln, read and comprehend my friend.
Lets review.
You have asserted a number of times that the UK Justice system (that would be England and Wales, Scotland and Northern Ireland) only has one option when dealing with decisions from Arbitration Tribunals:
One such example can be found here:
www.abovetopsecret.com...
The High court merely provides the legal force to enforce a remedy. When enforcing the Tribunal's ruling, it doesn't look into the merits or legal findings of the Muslim Arbitration Council. It merely enforces them
That is a false statement which would only made by someone with a complete lack of knowlege of how the system actually works.
Do you even know how a Tribunal award becomes a Court Judgement which can then be legally enforced? Didnt think ya did.
Having been beaten back by your, or the people you are asking, complete lack of knowledge you now want to have a conversation about the principle of consideration and gratuitous contracts.
You see olln, most people would find that rather boring...me included.
What you believe to be an important show stopper really isnt; It's an established principle of Scottish Law to which both parties should really be aware off, BEFORE entering into an agreement of Arbitration.
Remember that part of the AT system is that people who choose that route have to make a reasonable attempt to educate themselves about the possible outcomes. Under law you cant take one route and then complain that another would have seen a better outcome.
Whats the latin for 'you cant have your cake and eat it' again, I forget.
Now thats cleared up, do you still assert that Judges merely enforce an award from a tribunal?
Originally posted by Maslo
reply to post by joewalker
www.dailymail.co.uk...
What about this??
Sharia courts should not have any power at all. Do they have any currently?
The civil judgements by the Muslim Arbitration Tribunal may not contravene English criminal law but its civil rulings are clearly not compatible and within UK civil law.www.abovetopsecret.com...
Originally posted by joewalker
Does that mean you will finally show definitive proof that a court has no power to overturn an award from a tribunal?
Originally posted by joewalker
Or will it just be yet another off topic wander into employment tribunals and Scottish law?
Originally posted by joewalker
You see olln, first of all you need to back up your assertion,made some time and pages ago, that decisions made by the MAT are contrary to E&W law and further, that the courts of E&W are enforcing unlawful Judgements.