The State of Minnesota Court of Appeals issued a ruling on August 8, 2016 which denied an appeal that sought to inject Sharia law into Minnesota Courts.
The appellate court order states in part In the Matter of the Appointment of a Trustee for the Next of Kin of: Nadir Imbrahim Ombabi, Decedent A16-0403:
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. After the settlement, the trustee for Ombabi’s next of kin petitioned for an order determining the proportionate pecuniary loss of persons entitled to the settlement proceeds under Minn. Stat. § 573.02, subd. 1 (2014), and for distribution of the proceeds. The district court held a hearing on the petition. Ombabi’s brother, appellant Hosame ldin Ibrahim Imbabi, argued that the district court should apply Islamic law and, after payment of expenses from the settlement proceeds, distribute 25% of the proceeds to respondent, 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 district court rejected appellant’s request for application of Islamic law and instead applied Minn. Stat. § 573 .02, subd. 1. The district court issued a distribution order providing for payment of attorney fees, litigation expenses, funeral costs, and trustee services.
State of Minnesota Court of Appeals Judges Michelle Ann Larkin, Tracy M. Smith and Roger Klaphake affirmed the district court ruling.
The Washington Post posted an opinion on August 9, 2016 titled No special sharia rules in American courts for Muslims’ wrongful-death recovery written by Eugene Volokh. The opinion summarizes the ruling in part by stating: I think it was also influenced by a basic American legal principle: American courts apply American law, rather than one rule for Muslims, one rule for Christians, one rule for Jews, and so on.
Sharia law clearly discriminates against and oppresses women. There are many other provisions of Sharia law which deny the civil rights cherished by most Americans. Sharia law is antithetical to the rights and protections granted to all citizens under the United States Constitution
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Judge Michelle Ann Larkin