Quote:
Originally Posted by nik-
The degree as to the validity of the existence, or extent, of these "sharia courts" can be debated. However, I'm not sure how anyone who supports the modern secular state as a construct can defend a religious legal system being applied in any manner.
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It's less black and white when the thing is essentially an arbitration, into which you enter by agreement and are bound according to that agreement. You can contract into just about anything, within the bounds of public policy.
Of course, there are doctrines of unconscionability that come into play there, as well as undue influence, which may be applicable in certain cases before these courts too - i.e. where a person's participation may be to some degree a result of social coercion.