Courtesy of The Jawa Report
Assalam aleikum, y'all!
The Second Court of Appeals of the State of Texas has rendered a ruling on the enforceability of shari'a judgments rendered by imams. According to the Texas appeals court, it's all good.
You've heard of the Texas Courts. Ladies and gentlemen, make way for the Texas Islamic Courts!!!
The parties will ask the courts to refer the cases for arbitration to Texas Islamic court within "Seven Days" from the establishment of the Texas Islamic Court panel of Arbitrators. The assignment must include ALL cases, including those filed against or on behalf of other family members related to the parties. Each party will notify the other party, Texas Islamic Court, and their respective attorneys, in writing of the assignment of all the above Cause Numbers from the above appropriate District Court to Texas Islamic Court.
In general, private arbitration agreements are enforceable by government courts. Shari'a arbitration agreements are one type of private arbitration agreement. Without a theory as to why shari'a arbitration agreements shouldn't be enforced by the courts, I'm not sure what else the appeals court could have done in this case. Still, this is not a welcome development.