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Bench only trials are quite common. I really don't see the difference between a judge or jury deciding if someone is guilty.
It's the reasons for it that I find disturbing.
Yeah that's a fair point. But at the same time I could see how a jury could be biased. Attempted murder is a serious charge, so I can see why the judge erred on the side of caution to ensure a fair trial. In the US, the right to trial by jury is at the discretion of the accused.
If a persons religion is so abhorrent a jury has to be left out of the picture perhaps that religion should be on trial.
What he's saying is that my religion will predjudice the jury because it flies in the face of accepted Australian culture and it's laws.
Bench only trials are quite common. I really don't see the difference between a judge or jury deciding if someone is guilty.
Islamic law is adopted by British legal chiefs
Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.
Under ground-breaking guidance, produced by The Law Society, High Street solicitors will be able to write Islamic wills that deny women an equal share of inheritances and exclude unbelievers altogether.
The documents, which would be recognised by Britain’s courts, will also prevent children born out of wedlock – and even those who have been adopted – from being counted as legitimate heirs.
Anyone married in a church, or in a civil ceremony, could be excluded from succession under Sharia principles, which recognise only Muslim weddings for inheritance purposes.
Suppose it's only a matter of time before it happens here...
http://www.telegraph.co.uk/news/religion/10716844/Islamic-law-is-adopted-by-British-legal-chiefs.html
What's wrong with a private party (or two) negotiating a civil matter that breaches no law in whichever method they choose?
Rabbinic law in divorces has been in existence in the UK for well over 100 years.
The only issue I would have is that women may not voluntarily agree to have their case heard in Sharia court.
If the Sharia law is not binding on all parties and is contestable in the normal courts that would be a start
It is. Sharia does not have equal status to the law of Britain. It is nothing more than a method of arbitration. It's not different to a couple getting divorced agreeing on how to divide their assets then presenting it to the family court to be rubber stamped. Sharia doesn't usurp the protections in the legal system.
I don't know what the law of England and Wales is wrt to disinheriting people, but in Australia it is very difficult to disinherit children, for example.
If the Sharia law is not binding on all parties and is contestable in the normal courts that would be a start, but a claimant doing that would possibly be subject to some of the atrocious "honour killings" that have wormed their way into Britain.
Better to just have one law for all and do away with this Sharia nonsense, which is in reality another form of enslavement to a particular looney religion.
I agree with SirRumpole on this. Sharia may not usurp the protections in the legal system, but could you imagine a woman or other person disadvantaged by Sharia arbitration who lives in one of the many Muslim enclaves that are now in Britain contesting such arbitration in the courts. To do so would invite permanent maiming if not death in many cases.
Suppose it's only a matter of time before it happens here...
http://www.telegraph.co.uk/news/religion/10716844/Islamic-law-is-adopted-by-British-legal-chiefs.html
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