U.S. Court Rules No Sharia Civil Law For Muslims In America
U.S. Courts made the right decision in not upholding Sharia Civil law for Muslims in America. Sharia law, in any form, has no place in America.
An interesting decision yesterday from the Minnesota Court of Appeals in In the Matter of Appointment of Trustee for Next of Kin of Ombabi:
Nadir Ibrahim Ombabi was a taxi driver in Minnesota and a Minnesota resident. He married respondent Nariman Sirag Elsayed Khalil in Sudan, under the Islamic law of Sudan. He died in an accident in Minnesota. His estate brought a wrongful-death claim, which settled for $183,000 in Minnesota.
But how to split the money? Minnesota law says that any recovery “shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death.” (Other states do things differently.) In this case, the court concluded that the wife was entitled to the entire amount, less expenses, because there was “no credible evidence to prove” that the other next of kin “experienced a pecuniary loss, or more importantly what that pecuniary loss is, because of Mr. Ombabi’s passing.”
Ombabi’s brother (Hosameldin Ibrahim Imbabi), however, disagreed. He “argued that the district court should apply Islamic law and, after payment of expenses from the settlement proceeds, distribute 25% of the proceeds to [Ombabi’s widow], 16.7% to Ombabi’s mother’s estate, and the remaining proceeds to Ombabi’s siblings, with the males to receive ‘twice the share of the female.’ ”
[The brother] further asserts that “the principles of the private international law should have been applied from the beginning since the law of all parties (the decedent, his widow and decedent[‘s] next of kin) is the Islamic Law and they are all Muslims and follow the specifics of the religion.” … [The brother’s] main assertion of error appears to be that the district court should have applied Sudanese Islamic law instead of Minnesota law when distributing the wrongful-death settlement proceeds…. [He] also asserts that the district court erred by refusing to honor a legal declaration issued by the Sudanese Family Court in Khartoum regarding distribution of the wrongful-death settlement proceeds under Sudanese Islamic law. More