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Minnesota appellate court applies American law over Sharia law

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

Florida Family Association has prepared an email for you to send to thank the appellate court judges for applying American law and denying the application of Sharia law which is antithetical to the rights and protections granted all citizens under the United States Constitution.

To send your email, please click the following link, enter your name and email address then click the “Send Your Message” button. You may also edit the subject or message text if you wish.

Click here to send your email thanking the appellate court judges.

Contact information:

Judge Michelle Ann Larkin
michelle.larkin@courts.state.mn.us
https://mn.gov/law-library/research-links/judge-bios/michelle-a-larkin.jsp

Judge Tracy M. Smith
tracy.smith@courts.state.mn.us
http://www.mncourts.gov/About-The-Courts/Overview/JudicialDirectory/Bio.aspx?id=563

Judge Roger Klaphake
roger.klaphake@courts.state.mn.us
https://mn.gov/law-library/research-links/judge-bios/roger-klaphake.jsp

1 reply
  1. alice olejnik
    alice olejnik says:

    Definitely, we must uphold the US constitution. Shari law is being
    pushed on us via Muslim immigrants who want everything our ancestors
    worked so hard for! Entitlements are not due immigrants! Alice Olejnik

    Reply

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