TheTownCrier

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Thursday, March 06, 2008

Unintended consequences, Bad policy just got worse



TheTownCrier

......headline........Native American Courts: Precedent for an Islamic arbitral system (Establish Shariah Law in USA). Source: American Muslim Published: Mar 3, 2008

My Grgrgrandfather is rolling in his grave. He and many of his contemporaries (all Cherokee) were trying to get rid of the tribal system of government/courts in the 1800's because they knew it would be a contradiction to the Constitution and national stability. We NEVER learn.

Even some Indians saw the downside of this 'separate but equal' justice nonsense a couple centuries ago. For the Muslims to compare their situation in America to the Indians is as bad as the Mexicans claiming they are persecuted like the black slaves were...

BAH! I'm sick of it all...either we are Americans or we're not and the Muslims and some others don't want to be! Our local news reported a young alien murderer being sentenced. He goes by the name 'Alien Boy'. Some are proud of their law breaking status.

From the soon to be released Book, "Jesus Wept":
" An unoccupied portion of land given the Cherokee in prior treaties called the 'Strip' or Cherokee 'Outlet'........On Feb. 3, 1879 Boudinot wrote to Colonel James Madison Bell. " I am in for establishing a colony west of 98. We can do this without authority of the U.S. or anybody else.....get up your colony; if no more than 20 or 30..."

President Rutherford Hayes issued a proclamation less than two months later, forbidding unlawful entry into the Strip* in an attempt to prevent Cherokee settlement of the land. This did not deter some.

A few months after Boudinot's article, Bell loaded wagons with supplies, fencing and building materials, along with some of his friends and family attempted to settle a portion of the strip for the Cherokee people on the Chickaska River near the border town of Caldwell, Kansas. After a scout of two days, Lt. J.M. Warren detailed by the federal government from Arkansas City located the settlement. Jim Bell was arrested by U.S. troops, removed to Arkansas City and the 'colony' destroyed.

Boudinot and Bell were leading advocates for the abolition of the tribal land system of the Indians. They and others wished to have the lands owned in severalty, which is ownership of real property by an individual as an individual ; the same right to property as other Americans. They also championed the establishment of United States Courts in Indian Territory, and the abandonment of the tribal governments."

Though Jim Bell and Elias Boudinot could never convince the US Government or all the Cherokee tribal leadership to become American, Boudinot went on to practice in the United States Supreme Court, not only Indian courts.

And now, a few snips from the recent Muslims article:
The Muslim Community can learn from the experience of the American Indian Tribal Court System as we attempt to implement Muslim Family Law in North America.

The treatment of American Indians during the last 200 years has been tragic and shameful. In 1789, it was estimated that 10 million Indians lived in the area now part of the United States. Today there are less than 2 million, half of whom live in urban areas and a third of whom live on reservations. There are currently about 300 Indian tribes that are recognized by the federal government, and dozens more that have state recognition. In addition, there are more than 200 recognized “native villages” in Alaska. Every year, there is legislation in Congress, which recognizes new tribes or takes away recognition of existing tribes. (Their stats not mine!)

Although the Muslim community in North America is vastly different from the Indian community, I feel that in developing a plan for the implementation of Muslim family law, we can in some ways imitate the paradigm of the tribal court system and its supporting network. In particular, I recommend that as a first step, supporting organizations dealing with Islamic family law be established immediately. A professional association of Muslims in the law field (of whatever specialty) is a must. A law school students’ support group should be formed, and Muslim youth should be encouraged to enter this field.

A second step would be to establish institutes in the U.S. which can supplement legal education with courses in Islamic family law. At the same time, pressure should be put on law schools to include courses in Shariah taught by Muslims.

There is a serious lack of Muslim social service agencies. Muslim Family Services in Brooklyn, New York is one of the oldest and best-known—an example to be emulated elsewhere. These organizations will have to be in place when we start asking for control of our family court issues.
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(Photo Elias "Cornelius" Boudinot, son of Buck Watie.)



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