Submitted by: Kurt J Fritsch
By Bob Price
27 January 2015
An Islamic Tribunal using Sharia law in Texas has been
confirmed by Breitbart Texas. The tribunal is
operating as a non-profit organization in Dallas. One of
the attorneys for the tribunal said participation and
acceptance of the tribunal’s decisions are “voluntary.”
Breitbart Texas spoke with one of the “judges,”
Dr. Taher El-badawi. He said the tribunal operates under
Sharia law as a form of “non-binding dispute
resolution.” El-badawi said their organization is “a
tribunal, not arbitration.” A tribunal is defined by
Meriam-Webster’s Dictionary as “a court or forum of
justice.” The four Islamic attorneys call themselves
“judges” not “arbitrators.”
El-badawi said the tribunal follows Sharia law to
resolve civil disputes in family and business matters.
He said they also resolve workplace disputes.
In matters of divorce, El-badawi said that “while
participation in the tribunal is voluntary, a married
couple cannot be considered divorced by the Islamic
community unless it is granted by the tribunal.” He
compared their divorce, known as “Talaq,” as something
similar to the Catholic practice of annulment in that
the church does not recognize civil divorce proceedings
as ending a marriage.
He also said there is a difference between how a man and
a woman can request a divorce under their system. “The
husband can request the divorce directly from the
tribunal,” El-badawi stated. “The wife must go to an
Imam who will request the divorce for her.” He called it
“two paths to the same result.” The practice of Khula is
the process where a wife can initiate a divorce
proceeding and where the husband can agree to the
divorce in exchange for a financial compensation. It
appears the wife must agree to give up any claim to the
“dower” that was not already paid or to return it if it
has already been paid. Once the financial issues are
resolved the husband can then proclaim the Talaq
(divorce).
El-badawi said they follow Texas family law when it
comes to child support, visitation, and custody. He said
that in most cases, custody of children is awarded to
the mother.
Breitbart Texas asked what happens when there
is a conflict between Sharia law and Texas law.
El-badawi said most of the time, the laws are in
agreement. When pushed further he admitted that, “we
follow Sharia law.” However, he explained, “If the
parties are not satisfied with the tribunal’s decision,
they do not have to accept it and they can take the
matter to Texas civil courts.” He did not say what the
social ramifications of rejecting the “judge’s” decision
would be.
The website for the Islamic Tribunal states, “The courts
of the United States of America are costly and consist
of ineffective lawyers. Discontent with the legal system
leads many Muslims in America to postpone justice in
this world and opt for an audience on the Day of
Judgment.”
It goes on to state, “It is with this issue that Muslims
here in America are obligated to find a way to solve
conflicts and disputes according to the principles of
Islamic Law and its legal heritage of fairness and
justice in a manner that is reasonable and cost
effective.”
In explaining Sharia law, the website states, “Stoning
adulterers, cutting of the hands, polyandry and the like
(all can be traced in the relevant literature and can be
explained in their Islamic legal mentality and rational
context in fairness and justice), are mainly a part of
Islamic Criminal Law. In fact criminal law within Islam
only makes up a fraction of the Shari’ah. It is
unscholarly and unfair to generalize that type of
understanding, that is Criminal Law, to compromise the
whole of Islamic law if we stick to speaking in
technical terms.”
The website lists four “judges:” Imam Yusuf Z.Kavakci,
Imam Moujahed Bakhach, Imam Zia ul Haque Sheikh and Dr.
El-badawi. It states the Islamic Tribunal resolves
business disputes, divorce (Talaq) cases, community
problems, serious family problems, and Khula.
El-badawi restated several times that participation in
the tribunal is voluntary. However, he would not discuss
what happens to someone who did not follow their
rulings.
Bob Price is a senior political news contributor for
Breitbart Texas and a member of the original Breitbart
Texas team.
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