NYC judge decides U.S. case partly on hypothetical violation of sharia law in Africa

Creeping right along. Apparently a judge in New York City considered sharia law and that Muslims in a foreign country who might violate sharia law by calling out an Americans name a determining factor in a case in a U.S. court. Wow. via The Volokh Conspiracy

Court Refuses Petition to Change Name to ChristIsKing (with a Special Bonus Sharia Reference).

From In re Nawadiuko, 2012 WL 4840800 (N.Y. City Civ. Ct. Oct. 1, 2012):

Currently before the court is an application by the Nwadiuko family to change their last names from Nwadiuko to “ChristIsKing” — one word with capital a C, I & K as the start of each internal word….

Interesting the petitioner parents were both born in Nigeria. Twelve Nigerian states have adopted Sharia law which does recognize blasphemy as a crime and has some severe punishments depending on the level of the blasphemy. If petitioners returned to an area of Nigeria enforcing Sharia law, members of the Islamic faith calling petitioners’ name in those areas might be committing blasphemy under Sharia law subjecting themselves to some degree of punishment. …

Professor Volokh concludes:

I think the concern about what might happen on petitioners’ travels in Nigeria is misplaced — American name change decisions ought not be influenced, I think, by other countries’ suppression of free speech and religious freedom.

So I think the court’s analysis, under the “interference with the rights of others” prong of the statute, is generally sound, though the worry about what Sharia law would do in Nigeria is not.

14 thoughts on “NYC judge decides U.S. case partly on hypothetical violation of sharia law in Africa

  1. House Armed Services Committee members send letter to General Dempsey reference LTC Dooley treatment

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    • There is no way that Islamic believes can be dismissed by name calling. True believers, even if a next door neighbor, can become murderous if there is a call on them to protect muslims. i wonder ho many muslims here in the states, citizens or not, have at least one serious weapon in their home as those in the Middle East? They are always coming out on special occasions firing their guns in the air. have you ever read any part of the Koran? The life of Muhammad? Frankly, I was shocked to learn he was a conquering general, took a six year old as a wife, proclaimed Abraham and Jesus as prophets but coveted by the sword. The strong control women and children, the punishment for example, death to a woman who refused to marry as her father ordered (we have had a few cases here in the States of obeying to Sharia Law) Wonder how many muslims here in the states have plural wives as their religion gives them? Outreach from Christians and jews to Muslims? Well, Obama was reelected.

  2. Even the consideration of sharia law in a U.S. courtroom is absurd. That judge should be reprimanded and ordered to apologize to the folks who elected him, then allow the Nigerians to change their name to whatever is legal under laws of his state and our nation.

    • It might be absurd but it in fact Sharia Law is being considered by some judges, as in so called honor killings, and not just in this name changing case. My opinion, not broadly accepted, is that if an American citizen, no prefix is or should be necessary or name changing because of visiting another country. What a mess that could bring!. Traveling to other countries, which I have done as a military dependent, being American, worked fine. I guess I am basis but what “bloodline” could I choose to prefix American? I am obvious white but in Europe, I was often though a native of any country I visited or where we were station. Visiting Italy, (an italian ancestor), French ( another ancestor), English, (Father), German (Mother) went fine, so which would I choose as, honest, people would ask me for directions!?

  3. Sharia Law is Evil!

    Pure & simply Evil!

    It is NOT the type of law WE, here in the USA, want!
    It’s use Breaks our Constitution and Bill of Rights!

    OK, go ahead… sue me… I said it!

    Sharia Law is EVIL… SUCKS… and should be OUTLAWED in our country!

    • 70% of Oklahomans voted just that- and Obama/Holder reversed it by judicial FIAT-we no longer live under representation of the people by the people but under DICKTATOR OBAMA

  4. Islam ” The Religion of Peace ” ; Sharia Law For All, Freedom For None. Things like this just show why the American Laws For American courts ( ALAC ) laws are so important. The founding fathers didn’t put anything about in The Constitution because they never considered we would be so stupid to allow foreign laws in our courts. Sharia Law directly goes against our Constitution in it fairness and treatment of women.

  5. The court here did not base its decision on what would happen in Nigeria. The court’s mention of the potential implications for the newly-named person in Nigeria were more on the nature of a general comment that the name change would be unwise because of circumstances. In making its decision,the court made no consideration at all as to whether the name change would “violate shariah law.”

    The court said that the application in this case to have the family name changed to “ChristIsKing” should be rejected because it “will result in persons not holding petitioners’ religious beliefs to proclaim them when merely engaging in the common everyday act of calling another person by his or her name.” The decision would have been the same if a petitioner wanted to have the court change his name to “Thereis NoGodbutAllahandMohammedisHisProphet.” The court would reject that as it rejected this petition because the name change would require anyone saying the petitioner’s new name, including government functionaries, in the course of government business, saying the petitioner’s new name, to affirm religious beliefs that the government has no business affirming and that individuals should not be required to affirm.

  6. Pingback: NYC judge decides U.S. case partly on hypothetical violation of sharia law in Africa | futocimen

  7. Pingback: Sharia Law must be outlawed in the U.S. | Not Good News

  8. Pingback: Sharia Law must be outlawed in the U.S. « News You May Have Missed

  9. I agree with other people who have commented that Sharia Law is EVIL and has no place in the Great USA. If people want to be under Sharia Law then they should go back to their own countries or countries that have Sharia Law. All states and the Federal Government should Make it well know that Sharia Law is not allowed in the USA. I also think that Muslims should leave the USA and stay out.

If sharia law continues spreading, you'll have less and less freedom of speech - so speak while you can!

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