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Today we continue looking at American law for American courts. North Carolina is set to be the sixth state to pass a law requiring American law in its court system. The bill has passed both houses of the legislature and is awaiting the signature of the governor. It should not take a long time for the governor to make a decision on this bill but it has already been on his desk for a week.
CAIR is doing all that it can to oppose laws that keep Sharia law out of our court system and has produced a 38-page legislative lobbying kit to help Muslims lobby against “American Laws for American Courts” legislation. Twenty-two states are considering such laws at this time.
The title of CAIR’s handbook, “Securing Religious Liberty,” implies that somehow their First Amendment right to freedom of religion is being threatened. The truth is quite the contrary. People of all faiths are allowed to build houses of worship, proselytize openly, and perform their religious rites in private and public without government or public interference. This is not true where Sharia is the law of the land.
If you would like to read the document for yourself you can get it here.
CAIR, in the section on talking points tells them to distort the truth about Sharia law.The following points on what Sharia is are copied from the CAIR Handbook
What is Sharia?
- Sharia is nothing more than the religious traditions that all Muslims use to guide the practice of their faith. It informs things like how we pray, when we pray, how much we give to charity and how we choose to be buried.
- American Muslim scholar Suhaib Webb defines the term as, “The Islamic system of law and the totality of the Islamic way of life based on the Qur’an and Sunnah.” The Quran is Islam’s revealed text. The Sunnah comprises the traditions and practices of the Prophet Muhammad.
- Sharia h is how I practice my religion. What the Saudi government or Taliban does to oppress people is not my religion.
There are two points that must be considered in determining the accuracy of these statements. The first is, if this is all that Sharia is about, why do they need it to be used in our courts? How and when we pray, how much we give to charity, and how we choose to be buried is not part of our legal system.
The second point is that Saudi Arabia and the Taliban are ruled by Sharia. It is, therefore, proper to look and them and other countries where Sharia is the law, to judge the law.
The talking points are nothing but a smoke screen and the major purpose is to obscure the true nature of Sharia Law. They even say that many Muslims who have come to America attest to the fact that they can practice Islam more freely under our system of government than the could under the governments from which they came (page 21). One of the reasons this is true is because Sharia allows for no difference of opinion or interpretation.
ALAC (American Law for American Courts) is not concerned about Muslims praying, worshiping, building Mosque, Madrassas, Marriage, Pilgramages, Alms, Fasting, Feast. This has nothing to do with ALAC. Yet, Muslims want to make it LOOK like it prevents these things.
It is not the religious aspects of Sharia Law which CAIR and other Islamic organizations need to defend, because those are for the most part righteous and humanitarian in their intent. Sharia Law goes way beyond religious practices. It allows young women to be married without their consent, it allows men to marry up to four wives, it allows men to beat their unruly wives, and it denies women numerous legal rights guaranteed by the U.S. Constitution and state laws. Most of Sharia Law, as a matter of fact, has nothing to do with religious worship or practices.
Sharia Law is critical to ensure submission of family members and the community through violence and the threat of violence. It uses the same tactics to intimidate and prevent any criticism of Islam by non-Muslims. This is why it It allows “honor killings”,the killing of those who turn from Islam, and the killing of non-Muslims who will not submit.
IS SHARIA A SET OF LAWS OR “A DYNAMIC SET OF INTERPRETATIONS”?
Obscuring the true nature of Sharia is critical to CAIR’s defense of Sharia Law. The handbook says “don’t use the expression “Sharia Law.” They insist that it merely “informs how Muslims pray, eat, and defines their obligations to the greater society.” By calling it “a dynamic set of interpretations”. It tells them to avoid all discussion of the specific provisions of Sharia Law.
This vagueness makes it difficult for U.S. Legislators to defend our system or to oppose theirs.
Furthermore, the implication of “interpretations” means that different jurists at different times could make different interpretations – because there is no system of judicial case law connected with Sharia Law. This makes those “interpretations “arbitrary.
Shariah is not arbitrary – It has purpose, design and strict lettered guidelines. There are five different schools of Islamic law which emerged in the 8th and 9th Centuries – Hanafi, Shafi’i, Maliki, Hanbali, Ja’fari. With the exception of the Ja’fari, school which is Shi’a, the other schools are identical in 75% of their legal conclusions.
The rulings were codified and documented by Ahmad al-Misri in the 14th Century into a Shafi’i manual for use by Muslims who were far from the Islamic centers. That manual is called ‘Umdat al-Salik, or in English, Reliance of the Traveller. Not only does the English version of the manual have the approval of the world’s center of Islamic jurisprudence – al-Azhar University in Cairo – but it is also endorsed by the International Institute of Islamic Thought (Herndon, Virginia) and the Fiqh Council of North America, which stated that Reliance of the Traveler inspires “the consciousness of the non-Arabic-speaking Muslim with a sound understanding of Sacred Law.“
All though it is not the Authoritative Book on Shariah – it certainly Establishes a benchmark for the validity of “dynamic interpretations” contained in fatwas (rulings by Islamic religious scholars) and other legal pronouncements by imams and mullahs.
Here are just a few of the legal precedents supported gy “Reliance of the Traveler”:
Obligation to Command the Right and Forbid the Wrong – Muslims are obligated to discipline others. If censuring with harsh words, breaking things, or intimidation does not work, Muslims are obligated “to directly hit or kick the person, or use similar measures that do not involve weapons.” (Section q5.8)
Wife beating – “[A husband] may hit her, but not in a way that injures her, meaning he may not break bones, wound her, or cause blood to flow.” (Section m10.12)
Honor killing – “The following are not subject to retaliation: a father or mother for killing their offspring, or offspring’s offspring. (Section o1.2(4))
Killing an apostate – “There is no indemnity for killing an apostate. Or any expiation, since it is killing someone who deserves to die.” (Section o8.4)
Obligation to engage in Jihad – “Jihad is a communal obligation upon Muslims each year.” (Section o9.1) The objective of jihad is: “The caliph makes war upon Jews, Christians, and Zoroastrians until they become Muslim or else pay the non-Muslim poll tax.” (Section o9.8) Those paying the poll tax are called dhimmis, and they are “protected” provided they do not marry a Muslim woman, lead a Muslim away from Islam, or mention anything offensive about Muhammad, Allah, or Islam. (Section o11.10)
You can download “Reliance of the Traveler” here
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