NY Law School Symposium "Sharia in America" - Michael Broyde (Day 2)

Friday -Aug 26, 2011 - Day 2 - Part 3 of 10 audio posts of the speakers

Thoughts from Professor Sadiq Reza at the end of Professor Broyde's Q and A (beginning at 50:00 in the audio )

"I guess, just like the Muslims appropriated much of the Jewish Bible, the Old Testament...or (uh) rather GOD appropriated it for Islam, it looks like Muslims are going to follow the lead of Jews in the U.S. thanks to the template (uh) set out by Professor Broyde.

Secondly, due to that template that he set out, it seems to me that the fears of many people about the incursion of Sharia are not properly directed at the Muslims who have little interest or idea how to go about it. But rather at Professor Broyde who seems to know exactly how to (unclear word) and is telling Muslims how to...." 

This was an 8 hour Symposium at NY Law School Law Review on "Sharia in America:Principle and Prospects". The purpose was to examine the place of Islamic Law in The United States.

After the introductory remarks by Professor Sadiq Reza, we heard from Professor Michael Broyde (Emory University School of Law) on Jewish Law. He spoke for 25 minutes then took questions from audience.

Some snippets from my written notes:

1.  U. S. justice did not discriminate against Jews

2. 1930's- uneducated in American Law- weren't able to tailor Jewish Law to U.S. Law

3. 1962-Tried to re-craft Jewish Law again ( also not successful)

4. Family Law not Commercial Law. was successful in small endeavors

5. 1995-Broyde served as 1st Director of Rabbinical Council of America for 15 years

6. The overlap of Jewish and American Law. He suggests to the Sharia Law proponents,"Make the same mistakes we did."   

7. Today Jewish Law Network thrives across U.S.; in and out of Secular Courts

8. Child Custody and Divorce. Commercial Disputes. Significant binding arbitration

9. Since secular courts do appeal, need to do likewise. Established an appellate process (the option to appeal)

 10. panels need to be lawyers.


Re Sharia:

1. To succeed with Islamic Law need dual-trained people (dual experts) Trained in Islamic and American Law so judge trusts arbitrator

2. Jewish Law is not coercive. For Secular U. S. Courts to respect Islamic Law decisions
    A. Produce scholars in 2 worlds of law
    B. Rules of Procedure for litigants
    C.Recognize Islamic Law is not the sole governance in dispute


Re Islamic Courts and Jewish Law

1. Jewish  Law is cheap and accurate (and fast). Islamic Court might do likewise.

2.  Neutral Laws of procedure. He says Jewish law has had no problems in arbitration. Reversals are infrequent. To err is human so appellate process is very important to correct any problems

AUDIO of Professor Broyde's 25 minute speech. The Audience Q and A continues til 50:00 followed by closing Professor Sadiq Reza's closing remarks.





A recap of the quote posted at top of this article: Prof Reza in his closing remarks (beginning at 50:00)

"I guess, just like the Muslims appropriated much of the Jewish Bible, the Old Testament...or (uh) rather GOD appropriated it for Islam, it looks like Muslims are going to follow the lead of Jews in the U.S. thanks to the template (uh) set out by Professor Broyde.

Secondly, due to that template that he set out, it seems to me that the fears of many people about the incursion of Sharia are not properly directed at the Muslims who have little interest or idea how to go about it. But rather at Professor Broyde who seems to know exactly how to (unclear word) and is telling Muslims how to...." Is


_______________________________________
 Parts 4 and 5 continue with Professor Mohammad Fadel ( Islamic Constitution and "Interaction" Theory) AND please follow link below to a fabulous article on the symposium written by Alyssa Lappen "Sharia Lobby Shifts into Fifth Gear" 

.....