Sharia Law Being Applied in American Courts......

Scary shit......

PROFESSOR Fadel wrote for States of Islam last year. The case was in a NJ federal courts where two corporations had agreed to use Saudi-Sharia law to decide disputes.

An excellent example of the continued relevance of legal orientalism among at least some American judges is the case of National Group for Communications and Computers Ltd. v. Lucent Technologies International Inc., 331 F.Supp.2d 290.

In this case, the judge concluded that the contractual doctrine in Islamic law that renders contracts with gharar – uncertainty or risk – unenforceable, precluded the plaintiff from recovering the going concern value of an enterprise that was forced to liquidate as a result of the defendant’s breach of contract. Accordingly, the court concluded that the plaintiff could recover only the book value of the liquidated firm’s assets.

I do not want to underestimate the difficulty an American judge may have in construing a doctrine such as gharar in a contemporary commercial setting.

Rest here>>>>

ZIP