bonnie Posted August 10, 2010 Posted August 10, 2010 New Jersey Judge Rules Islamic Sharia Law Trumps U.S. Law Posted on August 7, 2010 Fortunately, the ruling was overturned, but it’s obvious sharia is creeping. A New Jersey family court judge’s decision not to grant a restraining order to a woman who was sexually abused by her Moroccan husband and forced repeatedly to have sex with him is sounding the alarm for advocates of laws designed to ban Shariah in America. Judge Joseph Charles, in denying the restraining order to the woman after her divorce, ruled that her ex-husband felt he had behaved according to his Muslim beliefs — and that he did not have “criminal desire to or intent to sexually assault” his wife. According to the court record, the man’s wife — a Moroccan woman who had recently immigrated to the U.S. at the time of the attacks — alleged: “Defendant forced plaintiff to have sex with him while she cried. Plaintiff testified that defendant always told her “this is according to our religion. You are my wife, I c[an] do anything to you. The woman, she should submit and do anything I ask her to do.” In considering the woman’s plea for a restraining order after the couple divorced, Charles ruled in June 2009 that a preponderance of the evidence showed the defendant had harassed and assaulted her, but “The court believes that [defendant] was operating under his belief that it is, as the husband, his desire to have sex when and whether he wanted to, was something that was consistent with his practices and it was something that was not prohibited.” Charles’ ruling was overturned last month by New Jersey’s Appellate Court, which ruled that the husband’s religious beliefs were irrelevant and that the judge, in taking them into consideration, “was mistaken.” The woman’s lawyer, Jennifer Donnelly of New Jersey Legal Services, told FoxNews.com that Charles’ ruling should add to the case for a proposed Oklahoma law, which will be on the ballot in November, which would ban judges from considering “international law or Shariah Law” in their rulings. “Those who don’t want the bill to pass say, ‘there’s really no need for it because why would a judge walk down that road of religion?’” Donnelly said. “Clearly here, this judge did walk down that road. He may not have said ‘Shariah law.’ But I think it’s indicative that, in trying to be respectful of religion, judges venture into a very slippery slope.” Donnelly said she was surprised when Charles refused to issue a restraining order, adding that the only tipoffs that it might happen were questions he put to the husband’s imam when he testified in the case. The Appeals Court ruling notes, “The imam testified regarding Islamic law as it relates to sexual behavior. The imam confirmed that a wife must comply with her husband’s sexual demands, because the husband is prohibited from obtaining sexual satisfaction elsewhere. “However, a husband was forbidden to approach his wife ‘like any animal.’ … he acknowledged that New Jersey law considered coerced sex between married people to be rape.” Charles, a former New Jersey state senator, declined to comment on his ruling. The husband, who represented himself in court, remains unnamed, as does his ex-wife. While the judge in the case did not specifically mention Islamic or Shariah law, Robert Spencer, director of JihadWatch.com, said he might as well have. “This is a ruling that is strictly in line with Islamic law, which does indeed declare that a wife may not refuse her husband sex under virtually any circumstances,” Spencer said. “The only legal framework that would not consider marital rape to be sexual assault is Shariah.” The husband in the case has been indicted on criminal charges and is expected to face trial in the fall. The article also references a 2008 ruling in Texas which was one the topic of our first post ever here at Creeping Sharia – Sharia Law enforced in Texas! Quote Everything you do is based on the choices you make. It's not your parents, your past relationships, your job, the economy, the weather, an argument, or your age that is to blame. You and only you are responsible for every decision and choice you make, period ... ... Wish more people would realize this. Quotes by Susan Gottesman
Moderators Gerr Posted August 10, 2010 Moderators Posted August 10, 2010 Well, let's see. If an American goes to an Islamic country, he/she is expected to abide by their laws. If a Moslem comes to our country, he can flout our laws? Quote
doug yowell Posted August 10, 2010 Posted August 10, 2010 Well, let's see. If an American goes to an Islamic country, he/she is expected to abide by their laws. If a Moslem comes to our country, he can flout our laws? Actually,it was the American judge who could flout the laws,the Muslim husband was just acting normal.Like so many activist judges of today, he felt obligated to uphold a foreign (religious) law rather than to apply the laws he was sworn to uphold.He ought to be voted out! Quote
Neil D Posted August 10, 2010 Posted August 10, 2010 Bonnie.... ...besides FauxNews, where is the source of this story? Quote Democracy is a device that ensures we shall be governed no better than we deserve. George Bernard Shaw
Moderators Gregory Matthews Posted August 10, 2010 Moderators Posted August 10, 2010 Quote: Judge Joseph Charles, in denying the restraining order to the woman after her divorce, ruled that her ex-husband felt he had behaved according to his Muslim beliefs — and that he did not have “criminal desire to or intent to sexually assault” his wife. I will suggest that the above is the reason the judge found as he did, not a desire to have Sharia law trump US law. It is basic to US criminal law that one have "criminal intent." Without that intent, one is not supposed to be found guilty. In actual practice that principle have been narrowed to the point where it is seldom successfully argued. It is on that basis that the Appealate Court overturned the decision of the District Court. Quote Gregory
bonnie Posted August 10, 2010 Author Posted August 10, 2010 Bonnie.... ...besides FauxNews, where is the source of this story? Neil,I don't know of any news org that is called Faux News. Even tho Fox news is mentioned I did not get this from Fox. There are numerous links given for this story,pick your own Quote Everything you do is based on the choices you make. It's not your parents, your past relationships, your job, the economy, the weather, an argument, or your age that is to blame. You and only you are responsible for every decision and choice you make, period ... ... Wish more people would realize this. Quotes by Susan Gottesman
doug yowell Posted August 10, 2010 Posted August 10, 2010 [It is basic to US criminal law that one have "criminal intent." Without that intent, one is not supposed to be found guilty. In actual practice that principle have been narrowed to the point where it is seldom successfully argued. It is on that basis that the Appealate Court overturned the decision of the District Court. According to the report,the already divorced woman was merely asking for a restraining order to keep from being forcably raped. Given that New Jersey law prohibits marital rape, criminal intent seems obviously irrelevent to the judges refusal to grant her that RO. Quote
Neil D Posted August 10, 2010 Posted August 10, 2010 Even tho Fox news is mentioned I did not get this from Fox. There are numerous links given for this story,pick your own Quote Democracy is a device that ensures we shall be governed no better than we deserve. George Bernard Shaw
bonnie Posted August 10, 2010 Author Posted August 10, 2010 Originally Posted By: bonnie Even tho Fox news is mentioned I did not get this from Fox. There are numerous links given for this story,pick your own Quote: Your search - New Jersey Judge Rules Islamic Sharia... - did not match any documents. Suggestions: Make sure all words are spelled correctly. Try different keywords. Try more general keywords. Try Google News Archives Search. Try Google Blog Search. Also, you can browse today's headlines on the Google News homepage. I googked the title, and got nothing....where do I look, Please.... New Jersey Judge Rules Islamic Sharia.Using this exactly as you posted it.Seems you have about 60,000 to choose from About 60,100 results (0.18 seconds) Search Results 1. New Jersey Judge Rules Islamic Sharia Law Trumps U.S. Law ... Aug 7, 2010 ... the original post: New Jersey Judge Rules Islamic Sharia Law Trumps U.S. Law … More on this:The Law of Karma | yourspiritualhaven. ... creepingsharia.wordpress.com/.../new-jersey-judge-rules-islamic-sharia-law-trumps-u-s-law/ - Cached Quote Everything you do is based on the choices you make. It's not your parents, your past relationships, your job, the economy, the weather, an argument, or your age that is to blame. You and only you are responsible for every decision and choice you make, period ... ... Wish more people would realize this. Quotes by Susan Gottesman
bonnie Posted August 10, 2010 Author Posted August 10, 2010 Try it this way..... Judge Joseph Charles and Sharia Law.You can choose between 4,520,000 Quote Everything you do is based on the choices you make. It's not your parents, your past relationships, your job, the economy, the weather, an argument, or your age that is to blame. You and only you are responsible for every decision and choice you make, period ... ... Wish more people would realize this. Quotes by Susan Gottesman
Moderators Gerr Posted August 10, 2010 Moderators Posted August 10, 2010 Originally Posted By: Gerry Cabalo Well, let's see. If an American goes to an Islamic country, he/she is expected to abide by their laws. If a Moslem comes to our country, he can flout our laws? Actually,it was the American judge who could flout the laws,the Muslim husband was just acting normal.Like so many activist judges of today, he felt obligated to uphold a foreign (religious) law rather than to apply the laws he was sworn to uphold.He ought to be voted out! You are right. And I hope the people of NJ will get rid of this clown. Quote
bonnie Posted August 11, 2010 Author Posted August 11, 2010 Quote: Judge Joseph Charles, in denying the restraining order to the woman after her divorce, ruled that her ex-husband felt he had behaved according to his Muslim beliefs — and that he did not have “criminal desire to or intent to sexually assault” his wife. I will suggest that the above is the reason the judge found as he did, not a desire to have Sharia law trump US law. It is basic to US criminal law that one have "criminal intent." Without that intent, one is not supposed to be found guilty. In actual practice that principle have been narrowed to the point where it is seldom successfully argued. It is on that basis that the Appealate Court overturned the decision of the District Court. Those fathers that have killed their daughters according to Sharia law probably would say the same ting Quote Everything you do is based on the choices you make. It's not your parents, your past relationships, your job, the economy, the weather, an argument, or your age that is to blame. You and only you are responsible for every decision and choice you make, period ... ... Wish more people would realize this. Quotes by Susan Gottesman
doug yowell Posted August 11, 2010 Posted August 11, 2010 [Those fathers that have killed their daughters according to Sharia law probably would say the same ting I wonder how Judge Charles would have ruled in the case of a daughter of a devout Muslim who wanted to perform a female circumcision? Quote
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