A Can of Worms? Native Americans and Sharia Law.

| September 8, 2011

It happens that according to family tradition, and a DNA test, I am 1/16th Native American so this story has a certain piquancy for me. My tribal affiliation is a bit muddled, for those curious few.

Some of my Native American brethren see a threat with: The growing movement in the United States to ban the use of international law and Islam’s Sharia law in state courts sets a dangerous precedent for Indian country, spiritual leaders and legal authorities say.

Disclaimer: I’ve read the article twice without fully understanding the point of it. Near as I can fathom; not wanting religious or international law to provide precedence in OUR courts is a form of religious discrimination and in violation of The First Amendment.

 

Category: Geezer Alert!

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Whitey_Wingnut

If that’s the case then why aren’t more countries honoring our laws?

LL

Key word: “indigenous.” My thoughts are that tribal law and sharia are worlds apart in the use of that one key word, especially when you drag in the US Constitution and the specific delineation of the fed government in relation to Indian tribes. That article is basically one giant fallacious argument. Tribal lands and laws are considered generally sovereign when applied to their own members. Our laws and courts apply to everyone, including Muslims.

That opinion in the article is a bunch of crap!

DaveO

Agree with LL.

The various nations have their own, internal court system and laws. As these legal systems were agreed to by the President, and ratified by the Senate, individual states and municipalities aren’t authorized to do anything.

CI Roller Dude

I think some people just overthinkshit.

2-17AirCav

Well, I’ll agree that the article is crap and its crappiness is due to the reporter’s desire to sound an alarm while trying to write about something he clearly does not understand. There are so many ifs, ands, and buts omitted that the article is laughable. It reminds me of the blurb about the movie that screams “It’s a must see…!” but the ad leaves out the full line, “It’s a must see if you want to sit through the worst movie ever made!” As the guy from Brooklyn says, fahgetaboutit! There is no threat that Sharia law will trump US law and an agreement bewteen parties to a civil matter that they will abide by a remedy available in their religion’s laws is enforceable PROVIDED that the outcome does not violate the state constitution, the US Constitution, statutes, or public policy.

ROS

I’ll clarify for you: Toensing is a disgrace to all indigenous persons and has been an activist foreer. I only know of 3 Conservative Indigenous chicks other than myself because the liberal mentality has pervaded Red America. The victim mentality is alive and well, as evidenced here.

What it boils down to is that Toensing needs to feel special and refuses to look at it logically. Tribal laws are laws set forth by individual tribes, obviously. Shari’a law is a RELIGIOUS mandate, and no religious mandate may set and enforce laws according to our Constitution. Doing so would allow the establishment of the Islamic religion in laws. Just another NDN temper tamntrum in order to feel aggrieved is all this is.

DaveO

Victimage serves as a distraction for a lot of very real, very solvable problems. Not all of them are victims; and there are many who reject Pity Express.

dahozho

Definitely agree with ROS. This is BS– tribal law & jurisdiction is well-established and founded in US jurisprudence as well as being based on some traditional aspects of specific communities. (Navajo common law, for instance, is well-documented and used in that Nation’s courts)

Sharia is foreign and religious, and has no place in US courts. More shrieking from the hard left.

Susan

Ros, that is the opposite of my experience. But, then again, most of the “indigenous persons” I know are members of the Chocktaw Tribe of Oklahoma which has a remarkably high veteran/non-veteran ratio. If you look at Southeast Oklahoma, you will find it to be a remarkably “red” (no pun intended) state. I think there are counties where Obama got fewer than 50 votes.

DaveO

#10 Susan: spot on. Oklahomans of whatever ancestry are mostly registered Democrats, and vote to the right of Reagan. And your pun: Oklahoma is the anglicization of the Choctaw words “Red People.” Most of the nations (about 54 of them) are represented in the 45th Infantry Brigade, currently in A-stan.

B'emet Or

Hmmmmmmmmm well the Native Americans have nothing to worry about Shari’ah law being banned in the US, the natives live on their own sovereign land.

Now Michigan on the other hand, has much to worry about, if shari’ah is banned. There will be multiple splodings of muslims in in Dearborn, and the indigenous Michiganeans could be injured.

DaveO

Are there any indigenous Michiganfolk left? They didn’t migrate to Tennessee to work for Nissan?

David

Aren’t the laws that govern Indian Tribes based on treaties between them and the U.S. Government?

UpNorth

B’emet, there are few “indigenous” citizens of Michigan left in Detroit. As for Dearbornistan, I can see car bombings in their future, if Sharia is banned.