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#207564 - 09/10/10 01:36 AM Re: the "Mosque near Ground Zero" issue [Re: meredithbead]
orchid Offline


Registered: 01/21/07
Posts: 3675
Loc: British Columbia, Canada
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#207576 - 09/10/10 08:43 AM Re: the "Mosque near Ground Zero" issue [Re: orchid]
DJ Offline
Member

Registered: 11/22/02
Posts: 1149
Loc: Ohio
The world we live in has two sides to it. The world of division, factions, fear and suspicion is a side of the world that an animal would be familiar with. It's where the one with the most power, strength and cunning wins, and the weaker have to fortify themselves and figure out ways to survive against attacks. A great deal (but not all) of international political history operates out of this animal side of our nature.
The other aspect of the world is spiritual. This is where Jesus, Mohammad, Buddha wanted us to live. It's the focus of religion: religion teaches us to dominate the animal side of our nature. It's where love, compassion, reason, patience and all the spiritual qualities come from.
If people are operating out of the animal side, they are not operating out of religion, no matter what they say. You can't let people's language blind you to the reality of what they're doing, whether it's burning a Qu'ran in the name of Jesus, or torturing people in the name of Mohammad. It isn't religion, it's politics.
Muslims who support and believe in the 8th century, man-made shariah law are in the minority. It is not Islam, it's politics and always has been. And it's very ignorant politics. Islam has been beset by divisions since Mohammad passed away -- Sunni and Shiah -- and has been plagued by politics since then. But Christianity has also been plagued by politics. Every Christian should study its history. Still, you can go to the Bible and read the words of Jesus and ignore church politics. So you know the difference. A Muslim can do the same with the Qu'ran.
I'd encourage everyone to get to know a few Muslims and have this conversation.
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#207582 - 09/10/10 02:07 PM Re: the "Mosque near Ground Zero" issue [Re: orchid]
Lola Offline
Member

Registered: 06/23/06
Posts: 3703
Loc: London UK
Originally Posted By: orchid
...alot of non-Muslim feminists don't understand sharia law.


Perhaps, it would help to understand Sharia law as it presents in the West rather than in Muslim countries.

In the UK, the Church of England, Roman Catholics and the Jews have their own courts and tribunals which deals with internal matters of faith. For purposes of social cohesion, Sharia law is also recognised. Sharia courts have powers to rule on Muslim cases over here and, like their counterparts, they are arbitration tribunals under the British arbitration laws and their decisions are enforceable by the courts. The cases before Sharia courts are civil, not criminal because extreme forms of penalties under Sharia are not enforceable in non-Muslim countries. Recourse to remedies under Sharia is not compulsory but, it provides alternative dispute resolutions for Muslim women. There has been (and there is) opposition by Muslims and non-Muslims to Sharia law over here but, at the same time, there are also those who sanction it.

http://www.islamic-sharia.org/
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#207584 - 09/10/10 05:45 PM Re: the "Mosque near Ground Zero" issue [Re: Lola]
orchid Offline


Registered: 01/21/07
Posts: 3675
Loc: British Columbia, Canada
Originally Posted By: Lola
Originally Posted By: orchid
...alot of non-Muslim feminists don't understand sharia law.


Perhaps, it would help to understand Sharia law as it presents in the West rather than in Muslim countries.

In the UK, the Church of England, Roman Catholics and the Jews have their own courts and tribunals which deals with internal matters of faith. For purposes of social cohesion, Sharia law is also recognised. Sharia courts have powers to rule on Muslim cases over here and, like their counterparts, they are arbitration tribunals under the British arbitration laws and their decisions are enforceable by the courts. The cases before Sharia courts are civil, not criminal because extreme forms of penalties under Sharia are not enforceable in non-Muslim countries. Recourse to remedies under Sharia is not compulsory but, it provides alternative dispute resolutions for Muslim women. There has been (and there is) opposition by Muslims and non-Muslims to Sharia law over here but, at the same time, there are also those who sanction it.

http://www.islamic-sharia.org/


Thx so much for this precis Lola for the legal framework in England. I don't know about ecclestical law in Canada as it relates to Canadian civil law, but I am aware....how little recent legal information there is specific to Canada in this area.

If recourse to remedies is not compulsory for Muslim women under sharia law in England and if it is considered a mechanism for alternative dispute resolution in civil matters for Muslim women, then one wonders if the Muslim women themselves when they put into such situations, fully understand the advantages and disadvantages of choosing ADR (alternative dispute resolution) under sharia law route.

Is the tribunal membership for this route, consist of only those from the Muslim community who sit to arbitrate/decide on the case (of course with U.K. licensed lawyers presumably)?

I just wonder if it helps the women and children for a more peaceful resolution in areas of.....? Family law matters...divorce, child custody?

The only thing about our legal system, is the adversarial nature of litigating a case, where parties (plaintiff and defendant) are pitted against each other. Very hard on divorcing parents and children.

Though many Western countries have a legal system which allows and provides ADR in civil law including family law (without the need for sharia law), where a less conflict-ridden resolution and hopefully less costly decision can be made between the 2 parties.

I would presume that sharia law in England doesn't cover physical abuse, murder, rape, etc. all which would be criminal law. It is for Canada also.

Still I'm a doubting orchid, because already our own respective legal system is complex, full of legalese jargon, costly (for anyone hiring a lawyer for anything) and I think the layperson has a tough time understanding the advantages / disadvantages or forecasting best end result to determine the best route to take, when they are already under stressful, life-altering times in life that require legal intervention/direction.

I feel this strongly since I worked for our province's legal aid agency and have heard many situations of lay people just not knowing much at all about legal alternatives unless a lawyer or social worker associated with the courts, advises them.
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#207590 - 09/11/10 02:35 AM Re: the "Mosque near Ground Zero" issue [Re: orchid]
Lola Offline
Member

Registered: 06/23/06
Posts: 3703
Loc: London UK
Quote:
If recourse to remedies is not compulsory for Muslim women under sharia law in England and if it is considered a mechanism for alternative dispute resolution in civil matters for Muslim women, then one wonders if the Muslim women themselves when they put into such situations, fully understand the advantages and disadvantages of choosing ADR (alternative dispute resolution) under sharia law route.


We have to presume that Muslim women know what is best for them and that they make decisions accordingly, Orchid. Since it is not compulsory, they have the right to choose as to which system of mediation would best serve and protect their interests.

Quote:
Is the tribunal membership for this route, consist of only those from the Muslim community who sit to arbitrate/decide on the case (of course with U.K. licensed lawyers presumably)?


Understandably, only Muslims can arbitrate over Muslim affairs under Sharia. The Muslim community have Imams, as well as trained Mediators and Muslim lawyers.

Quote:
I just wonder if it helps the women and children for a more peaceful resolution in areas of.....? Family law matters...divorce, child custody?


If one would look at it from the cultural perspective where mediation helps rather than litigation, then Sharia is effective in that way. British law is also absolute, which means that Sharia rulings are expected to give effect to British laws where children and matrimonial matters are concerned. Have you thoroughly checked out the link I provided? It gives an insight to the cases brought before it by Muslim women.
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#207592 - 09/11/10 08:41 AM Re: the "Mosque near Ground Zero" issue [Re: Lola]
jabber Offline
Member

Registered: 02/17/05
Posts: 10032
Loc: New York State
They say, even though that preacher from Florida did not carry out his threat to burn the Koran, damage has already been done. Now this is sad. Innocent people get swept up in this stuff and
that's unfair!

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#207602 - 09/11/10 10:24 AM Re: the "Mosque near Ground Zero" issue [Re: jabber]
orchid Offline


Registered: 01/21/07
Posts: 3675
Loc: British Columbia, Canada
I'm not impressed jabber, in fact disgusted by the actions of the Florida preacher. Very unknowing (ignorant) and lacking cross-cultural nuanced understanding. He strikes me a bumbling, evangelical hillbilly. He just likes to keep in the limelight even afterwards, to be photographed as the saviour, bridge, etc.

If the townspeople never warmed up to this guy because of his antics to attract attention on other stuff long before the Koran burning threat, then that says alot about his character in general.

Meanwhile there's other people working solidly away for past few years, building bridges without much fanfare and limelight. It's difficult work.



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#207604 - 09/11/10 11:01 AM Re: the "Mosque near Ground Zero" issue [Re: orchid]
Mountain Ash Offline
Member

Registered: 12/30/05
Posts: 3027
Lola you shared

"We have to presume that Muslim women know what is best for them and that they make decisions accordingly"

I believe people make the best choice they can at the time..That if they ask for help then assist them..if it is outwith my knowledge to assist then help them to find a person who can.
Only by learning about other cultures can we start to walk in the persons shoes.

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#207606 - 09/11/10 04:13 PM Re: the "Mosque near Ground Zero" issue [Re: Mountain Ash]
orchid Offline


Registered: 01/21/07
Posts: 3675
Loc: British Columbia, Canada
I guess Lola it would be helpful to know (but right now I don't have to time to do deep reading on subject, I should be working on some blogs and cleaning up my pile of papers at home.) that shariah law is changed to be in step with the times which of course, means re-interpretation /revision of law occasionally. If such a concept exists in sharia law.

Also would help on the tribunal board for shariah there were female and male Muslim lawyers dually trained in both law of U.K. and sharia law.

I want to believe that imans are good people (I assume they are invariably men.) but they are only human just like pastors, priests and ministers.

Mountain Ash: It can help a person to assist, to have dual knowledge of dual cultures and languages.

Because when people start throwing around the term "political correctness", I often wonder if they even understand what it means to live in 2 worlds a cross-culturally where a person can see the good and negative stuff in embedded beliefs of one culture/religion, etc. It is world where a person must navigate. But after awhile when a person lives that type of world, one doesn't think about. But it is a world of relationship survival at times, otherwise there would be alot more (when there is enough of it already) shattered families in a multicultural, multi-generational society.

But I wouldn't want to have it any other way.
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#207614 - 09/12/10 09:25 AM Re: the "Mosque near Ground Zero" issue [Re: orchid]
jabber Offline
Member

Registered: 02/17/05
Posts: 10032
Loc: New York State
I agree the preacher from Florida has hindered rather than helped. And his motives make a person wonder what he's up to.
I like MA's statement that she believes people make the best
decisions they can, at the time; and, if you can't help them find someone who can. That is being kind and sensitive! I like that!


Edited by jabber (09/12/10 09:26 AM)

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