It looks like Shari law is already here!!!!!!   It must be the influance of
your Muslim (illegal) president..




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*NJ Judge rules it’s not rape when a Muslim forces himself on his wife!*


* Dear Kennith,

Recently, an ABC News story scoffed at the Oklahoma referendum going to the
voters that prohibits the courts from using sharia law in their decisions.
The implication was that there is no need for this.

Really?

Jihad Watch reported on Saturday (see story below, highlights added) that a
New Jersey judge ruled that a Muslim man, accused of forcing non-consensual
sex on his wife, was not guilty because of his religious beliefs.

Here is the portion of his ruling that should leave no doubt that Islamic
sharia law is penetrating America:*

  "This court does not feel that, under the circumstances, that this
defendant had a criminal desire to or intent to sexually assault or to
sexually contact the plaintiff when he did. The court believes that he was
operating under his belief that it is, as the husband, his desire to have
sex when and whether he wanted to, was something that was consistent with
his practices and it was something that was not prohibited."
*In other words, the husband’s belief in sharia law trumps New Jersey
criminal law. The husband did not commit a crime because he was acting
according to sharia law.

Fortunately, an appellate court had the good sense to overturn this absurd
decision. But don’t let anyone tell you we don’t need to worry about sharia
law being imposed on us here in America! Or on Muslims who don’t wish to be
subjected to it.*

------------------------------

*Sharia in New Jersey: Muslim husband rapes wife, judge sees no sexual
assault because Islam forbids wives to refuse sex*

*
http://www.jihadwatch.org/2010/07/sharia-in-new-jersey-muslim-husband-rapes-wife-judge-sees-no-sexual-assault-because-husbands-religio.html
*


Muhammad said: "If a husband calls his wife to his bed [i.e. to have sexual
relation] and she refuses and causes him to sleep in anger, the angels will
curse her till morning" (Bukhari 4.54.460).

He also said: "By him in Whose Hand lies my life, a woman can not carry out
the right of her Lord, till she carries out the right of her husband. And if
he asks her to surrender herself [to him for sexual intercourse] she should
not refuse him even if she is on a camel's saddle" (Ibn Majah 1854).

And now a New Jersey judge sees no evidence that a Muslim committed sexual
assault of his wife -- not because he didn't do it, but because he was
acting on his Islamic beliefs: "This court does not feel that, under the
circumstances, that this defendant had a criminal desire to or intent to
sexually assault or to sexually contact the plaintiff when he did. The court
believes that he was operating under his belief that it is, as the husband,
his desire to have sex when and whether he wanted to, was something that was
consistent with his practices and it was something that was not prohibited."


Luckily, the appellate court overturned this decision, and a Sharia ruling
by an American court has not been allowed to stand. This time.

"Cultural Defense Accepted as to Nonconsensual Sex in New Jersey Trial
Court, Rejected on Appeal," by Eugene Volokh in The Volokh
Conspiracy<http://volokh.com/2010/07/23/cultural-defense-accepted-as-to-nonconsensual-sex-in-new-jersey-trial-court-rejected-on-appeal/>,
July 23 (thanks to CameoRed):

>From today's opinion in *S.D. v. M.J.R.* (N.J. Super. Ct. App.
Div.)<http://www.judiciary.state.nj.us/opinions/a6107-08.pdf>,
a domestic restraining order case:
The record reflects that plaintiff, S.D., and defendant, M.J.R., are
citizens of Morocco and adherents to the Muslim faith. They were wed in
Morocco in an arranged marriage on July 31, 2008, when plaintiff was
seventeen years old. [FN1] The parties did not know each other prior to the
marriage. On August 29, 2008, they came to New Jersey as the result of
defendant's employment in this country as an accountant....

[Long discussion of the wife's allegations of abuse, which included several
instances of nonconsensual sex as well as other abuse, omitted for space
reasons. -EV]

Upon their return to the apartment, defendant forced plaintiff to have sex
with him while she cried. Plaintiff testified that defendant always told her


this is according to our religion. You are my wife, I c[an] do anything to
you. The woman, she should submit and do anything I ask her to do.

After having sex, defendant took plaintiff to a travel agency to buy a
ticket for her return to Morocco. However the ticket was not purchased, and
the couple returned to the apartment. Once there, defendant threatened
divorce, but nonetheless again engaged in nonconsensual sex while plaintiff
cried. Later that day, defendant and his mother took plaintiff to the home
of the Imam and, in the presence of the Imam, his wife, and defendant's
mother, defendant verbally divorced plaintiff....[...]

While recognizing that defendant had engaged in sexual relations with
plaintiff against her expressed wishes in November 2008 and on the night of
January 15 to 16, 2009, the judge did not find sexual assault or criminal
sexual conduct to have been proven. He stated:

This court does not feel that, under the circumstances, that this defendant
had a criminal desire to or intent to sexually assault or to sexually
contact the plaintiff when he did. The court believes that he was operating
under his belief that it is, as the husband, his desire to have sex when and
whether he wanted to, was something that was consistent with his practices
and it was something that was not prohibited.

After acknowledging that this was a case in which religious custom clashed
with the law, and that under the law, plaintiff had a right to refuse
defendant's advances, the judge found that defendant did not act with a
criminal intent when he repeatedly insisted upon intercourse, despite
plaintiff's contrary wishes.

Having found acts of domestic violence consisting of assault and harassment
to have occurred, the judge turned to the issue of whether a final
restraining order should be entered. He found such an order unnecessary,
vacated the temporary restraints previously entered in the matter and
dismissed plaintiff's domestic violence action....

The appellate court reversed this absurd decision, saying:

As the judge recognized, the case thus presents a conflict between the
criminal law and religious precepts. In resolving this conflict, the judge
determined to except defendant from the operation of the State's statutes as
the result of his religious beliefs. In doing so, the judge was mistaken.

A close call. But no doubt more of this is to come.



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