When in court, Should the law of the land (the US) be followed, or Should the law of the defendant's country be followed?

[Anonymous]

Recently i was witness to a family court proceeding where the father was a white guy, and the mother was Muslim. One child was out of the home, over 18, and in college. Said child is a girl. Second child turns 18 in 2 months. In my state Child support stops at the age of 18. It does not go any longer. The father not only paid child support, he paid ahead, He essentially paid the remainder of this year off. The mother took him back to court to have child support increased. The judge disagreed citing statute. The mother cited lines of the Quran stating that because both of his children are women that he should be on the hook for child support until they are married.

The closing statement from the judge was "In this state we follow US law and ***** State law, We do not follow sharia law nor do we follow the Quran, If thats the kind of law you want to follow you need to go back to your home country. Your child support will end in June, there will be no modifications. And shame on you for wasting this courts time."

I personally agree with the judge. You came to this country to adapt to our culture, our laws. If you can't do that, you dont belong here.

Updates

1 y

side note, the judge was female

[OlderAndWiser]

A similar issue arises when a couple lives in another state, has children, they move here, and then they file for divorce. The rationale, in laymen's terms is, "if another state or another country's law applies, then this court has no right or authority to decide this dispute." This is known as lex loci fori; the law of the forum applies.

However, there is an exception for contract disputes. A contract may be entered into in the state of New York, e. g., and most contracts are incomplete in some ways. The understanding is that, in general, the law in effect at the time and place at which the contract is entered is incorporated into the contract, and that law will be used when a suit is filed to enforce the contract or to claim damages under the contract, unless the parties contemplate that the contract is to be performed in another state, in which case that state's law applies. This is known as lex loci contractus; the law governing a contract is the law of the place where the contract was made or is to be performed.

[Dargil]

All civil and criminal proceedings in the United States should be governed by US and State laws. There are times when British common law may be applied when judges want clarification but no foreign laws, whether Sharia or any other kind of foreign body of laws should be applied in any part of the United States at any time. If there isn't a criminal penalty against that there should be.

[alice55]

Your question is not about the woman country but the woman faith here, she invoked her faith Islam not her country.

And except UK who recognize sharia laws (and obviously muslim countries) any others countries of the worlds we need to follow the country of residence.

So courts should follow USA laws but I'm surprised America is like this considered they allow children to go to religious school that follow their religion laws and not the states laws.

[red-lipstick-girl]

I think the US court is right, but the child who turns 18 will go to university, so he needs his father's money.

[Asker]

Morally you're right, legally you're not.

[LazerBean]

People should abide by the laws of whatever country they are in.

[Asker]

absolutely

[purplepoppy]

You obey the law of the land you're in. However Muslims can follow sharia law on things like this as long as all parties are in agreement. But the law of the land can rule different if it sees fits.

[exitseven]

The law of the land meaning the US Government. It takes precedent over foreign and state and local ordinances.

[Asker]

Agreed last I checked she's trying to file a civil rights suit against the judge because he didn't "respect her religion".. She's going to get laughed out of court. This was in Texas.

[exitseven]

I live in a moonbat state where the liberal judge would probably side with the Muslim especially if the guy was white and had a job.

[slatyb]

The law where the alleged crime occurred. Don't visit countries where the rule of law is weak.

[DrPepper12]

Shame on her for even thinking it let alone wasting the court's time with jurisdictional nonsense based on theology. Fool

[douride2]

You go by the law of the land your in.