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Islamic Tribunal - Dallas

Islamic Tribunal Website

by Bob Price27 Jan 2015 –  Breitbart.com

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. Follow him on Twitter @BobPriceBBTX.

About Ask Marion

I am a babyboomer and empty nester who savors every moment of my past and believes that it is the responsibility of each of us in my generation and Americans in general to make sure that America is as good or even a better place for future generations as it was for us. So far... we haven't done very well!! Favorite Quotes: "The first 50 years are to build and acquire; the second 50 are to leave your legacy"; "Do something that scares you every day!"; "The journey in between what you once were and who you are becoming is where the dance of life really takes place". At age 62 I find myself fighting inoperable uterine Cancer and thanks to the man upstairs and the prayers from so many people including many of my readers from AskMarion and JustOneMorePet... I'm beating it. After losing our business because of the economy and factors related to the re-election of President Obama in 2012 followed by 16-mos of job hunting, my architect-trained husband is working as a trucker and has only been home approximately 5-days a month since I was diagnosed, which has made everything more difficult and often lonely... plus funds are tight. Our family medical deductible is 12K per year for two of us; thank you ObamaCare. But thanks to donations from so many of you, we are making ends meet as I go through treatment while taking care of my father-in-law who is suffering from late stage Alzheimer's and my mother-in-law who suffers from RA and onset dementia as well as hearing loss, for which there are no caretaker funds, as I continue the fight here online to inform and help restore our amazing country. And finally I need to thank a core group of family, friends, and readers... all at a distance, who check in with me regularly. Plus, I must thank my furkids who have not left my side through this fight. You can see them at JustOneMorePet.
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