Fiqh Council Declares No Conflict Between Islam and Constitution
The Fiqh Council of North America issued a resolution declaring that Shari’ah and the Constitution are not in conflict. Are they practicing al-Taqiyya or telling the truth? Examine the details to find out.
Resolution On Being Faithful Muslims and Loyal Americans
Adopted in its General Body Meeting held in Virginia on September 24-25, 2011
On Being Faithful Muslims and Loyal Americans
Like other faith communities in the US and elsewhere, we see no inherent conflict between the normative values of Islam and the US Constitution and Bill of Rights.
Contrary to erroneous perceptions and Islamophobic propaganda of political extremists from various backgrounds, the true and authentic teachings of Islam promote the sanctity of human life, dignity of all humans, and respect of human, civil and political rights. Islamic teachings uphold religious freedom and adherence to the same universal moral values which are accepted by the majority of people of all backgrounds and upon which the US Constitution was established and according to which the Bill of Rights was enunciated.
The Qur’an speaks explicitly about the imperative of just and peaceful co-existence, and the rights of legitimate self-defense against aggression and oppression that pose threats to freedom and security, provided that, a strict code of behavior is adhered to, including the protection of innocent non-combatants.
The foregoing values and teachings can be amply documented from the two primary sources of Islamic jurisprudence – the Qur’an and authentic Hadith. These values are rooted, not in political correctness or pretense, but on the universally accepted supreme objectives of Islamic Shari’ah, which is to protect religious liberty, life, reason, family and property of all. The Shari’ah, contrary to misrepresentations, is a comprehensive and broad guidance for all aspects of a Muslim’s life – spiritual, moral, social and legal. Secular legal systems in Western democracies generally share the same supreme objectives, and are generally compatible with Islamic Shari’ah.
Likewise, the core modern democratic systems are compatible with the Islamic principles of Shura – mutual consultation and co-determination of all social affairs at all levels and in all spheres, family, community, society, state and globally.
As a body of Islamic scholars, we the members of FCNA believe that it is false and misleading to suggest that there is a contradiction between being faithful Muslims committed to God (Allah) and being loyal American citizens. Islamic teachings require respect of the laws of the land where Muslims live as minorities, including the Constitution and the Bill of Rights, so long as there is no conflict with Muslims’ obligation for obedience to God. We do not see any such conflict with the US Constitution and Bill of Rights. The primacy of obedience to God is a commonly held position of many practicing Jews and Christians as well.
We believe further that as citizens of a free and democratic society, we have the same obligations and rights of all US citizens. We believe that right of dissent can only be exercised in a peaceful and lawful manner to advance the short and long term interests of our country.
The Fiqh Council of North America calls on all Muslim Americans and American citizens at large to engage in objective, peaceful and respectful dialogue at all levels and spheres of common social concerns. We call upon all Muslim Americans to be involved in solving pressing social problems, such as the challenge of poverty, discrimination, violence, health care and environmental protection. It is fully compatible with Islam for Muslims to integrate positively in the society of which they are equal citizens, without losing their identity as Muslims (just as Jews and Christians do not lose their religious identity in doing the same).
We believe that emphasis on dialogue and positive collaborative action is a far better approach than following the paths of those who thrive on hate mongering and fear propaganda. Anti-Islam, anti-Semitism and other similar forms of religious and/or political-based discrimination are all forms of racism unfit for civilized people and are betrayal of the true American as well as Islamic values.
May the pursuit of peace, justice, love, compassion, human equality and fellowship prevail in the pluralistic mosaic that is the hallmark of our nation.
no inherent conflict
So the Qur’an is compatible with the Constitution? Compare Surah An-Nisa’ 4:89 to the Bill of Rights.
4:89. They wish that you reject Faith, as they have rejected (Faith), and thus that you all become equal (like one another). So take not Auliyâ’ (protectors or friends) from them, till they emigrate in the Way of Allâh (to Muhammad ). But if they turn back (from Islâm), take (hold) of them and kill them wherever you find them, and take neither Auliyâ’ (protectors or friends) nor helpers from them.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Allah issued a command to kill apostates. The Constitution forbids laws abridging freedom of religion. How do they hope to square that circle? Here is one more example just to pile on.
5:38. Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allâh. And Allâh is AllPowerful, AllWise.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
sanctity & dignity of human life
The Fiqh Council asserts that Islam promotes those values, so we shall delve into the two most authentic Islamic sources: the Qur’an and Sahih Bukhari to discover the truth of the matter. The council did not cite the Qur’an in this resolution but others have, quoting Surah Al-Ma’idah 5:32.
5:32. Because of that We ordained for the Children of Israel that if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land – it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind. And indeed, there came to them Our Messengers with clear proofs, evidences, and signs, even then after that many of them continued to exceed the limits (e.g. by doing oppression unjustly and exceeding beyond the limits set by Allâh by committing the major sins) in the land!
5:33. The recompense of those who wage war against Allâh and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter.
Muslims love to quote 5:32, but never quote the next verse. Why is that? One phrase from that ayeh says it all: “wage war against Allâh”; what does it mean? Tafsir Ibn Kathir has the answer for us. “`Wage war’ mentioned here means, oppose and contradict, and it includes disbelief, blocking roads and spreading fear in the fairways. “.
The Qur’an justifies killing disbelievers because of their disbelief, equating it with waging war against Allah. One hadith in Bukhari’s collection, widely accepted as the most authentic of the six canonical collections, exposes the sanctity and dignity of human life assertion as an egregious lie.
Narrated Anas bin Malik:
Allah’s Apostle said, “I have been ordered to fight the people till they say: ‘None has the right to be worshipped but Allah.’ And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us and we will not interfere with them except legally and their reckoning will be with Allah.” Narrated Maimun ibn Siyah that he asked Anas bin Malik, “O Abu Hamza! What makes the life and property of a person sacred?” He replied, “Whoever says, ‘None has the right to be worshipped but Allah’, faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have.”
While the first sentence of that hadith is sufficient to demolish the “religion of peace” meme, it informs us that our blood and property are not sacred to Muslims until we recite Shehada and do things their way. Only Muslim lives are sacred.
The last sentence of that hadith makes another point crystal clear: only Muslims have human rights. The assertion that Islam promotes the sanctity & dignity of human life and human rights is fully exposed as a lie.
uphold religious freedom
Allah said something else entirely, the polar opposite of religious freedom. Surah Al-Imran holds an important clue in ayat 85-151. [Click the link and scroll down to read the context.]
If Allah won’t accept choosing Christianity, will his slaves? The answer is in the context.
3:111. They will do you no harm, barring a trifling annoyance; and if they fight against you, they will show you their backs, and they will not be helped.
#111 tels us the intended outcome: war against Christians & Jews. Consider the highlighted clause in #110; what is the meaning of “best of peoples”? The answer is in a hadith and it does not reflect freedom of religion.
Narrated Abu Huraira:
The Verse:–“You (true Muslims) are the best of peoples ever raised up for mankind.” means, the best of peoples for the people, as you bring them with chains on their necks till they embrace Islam.
Examine the highlighted clause. Bringing us to Islam in change is violent & coercive, the polar opposite of religious freedom. The ultimate contravention of freedom of religion is found in Surah Al-Anfal 8:39 & At-Taubah 9:29. Those contain the jihad imperatives; fight until loops. Note the terminal conditions, which I have highlighted to make them stand out.
9:29. Fight against those who (1) believe not in Allâh, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allâh and His Messenger (4) and those who acknowledge not the religion of truth (i.e. Islâm) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued.
Muslims are commanded to wage war until only Allah is worshiped; until Jews & Christians are subjugated & extorted. Tell me again how the teachings of Islam uphold freedom of religion.
universal moral values
Universal moral values such as the sanctity of marriage? We turn next to Surah An-Nisa’ 4:24 to examine the morality of Islam.
Muslims are prohibited from copulating with married women except those they own. Of course the prohibition of rape is another universal moral value upheld by the teachings of Islam; or is it? There is a hadith which speaks to this issue with stunning clarity. Moe did not say “don’t rape them’ he ruled against al-Azl.
Narrated Ibn Muhairiz:
I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, “We went out with Allah’s Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, ‘How can we do coitus interruptus before asking Allah’s Apostle who is present among us?” We asked (him) about it and he said, ‘It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist.”
just and peaceful co-existence
In Surah Al-Baqarah 2:143 we discover the meaning of just: Muslim. If it ain’t Muslim, it ain’t just. Examine the highlights carefully.
Surah Al-Imran neatly wraps up the issue of co-existence. Examine the highlights carefully and click through for the full context; to the end of the Surah.
The above cited verse and its context give a strong hint, but fall short of complete clarity; they require external confirmation which is contained in Moe’s extortion letter to the Byzantine Emperor. The extortion letter preceded the ghazwat on Tabuk, which is the main focus of Surah At-Taubah.
…The contents of the letter were as follows: “In the name of Allah the Beneficent, the Merciful (This letter is) from Muhammad the slave of Allah and His Apostle to Heraclius the ruler of Byzantine. Peace be upon him, who follows the right path. Furthermore I invite you to Islam, and if you become a Muslim you will be safe, and Allah will double your reward, and if you reject this invitation of Islam you will be committing a sin by misguiding your Arisiyin (peasants). (And I recite to you Allah’s Statement:)
‘O people of the scripture! Come to a word common to you and us that we worship none but Allah and that we associate nothing in worship with Him, and that none of us shall take others as Lords beside Allah. Then, if they turn away, say: Bear witness that we are Muslims (those who have surrendered to Allah).’ …
word that is just
The “word that is just” is Islam. The call is to ‘come to Islam’. That is the dawah which precedes invasion if it does not result in surrender. .
Peace be upon him…
But war will be upon him who rejects the call to Islam.
become a Muslim; be safe
If you do not become a Muslim, you will not be safe; Muslims will wage war against you.
Bear witness that we are Muslims
Why say that except as a veiled threat? The basis of that threat is revealed in Surah Al-Hashr 59:13.
Allah told Moe that he and his army scared the Jews more than Allah did. Moe had built a well deserved reputation for rapacious rapine; which is what Allah talks about when he says that he will “cast terror”. The context is confirmed by another extortion letter dictated & dispatched by Moe to Ethiopia.
In the name of Allah, the Compassionate, the Merciful.
From Muhammad, Prophet of Allah –
To Negus, King of Ethiopia.
His Prophet (Sal Allaho Alehe Wasallam).
I bear witness that there is none to be worshipped except Allah. No one is His associate or partner. He does not stand in need of a wife or children. And I affirm that I am his servant and his Prophet.
I invite you to believe in Allah who is One. If you want security, accept Islam.
O people of the Book! Ignore all matters of difference and dispute, and agree to a thing to which you and we are equally committed, and it is that we should not worship anyone except Allah. And neither should we associate anyone else with Him nor should we regard anyone else as our Sustainer. If they object to it, tell them, “you will bear witness that we believe in Allah.”‘
If you will not accept these, the responsibility of the transgression of your Christian people shall be yours.
Seal: Allah’s Prophet Muhammad
Muslims want us to believe the fabulism that Islam only fights defensively. I already showed you the ayat containing the primary imperatives of offensive jihad. In the early Meccan period, when Moe was weak, with no army, he preached tolerance and forbearance. At Medina, as his army grew, he preached defensive & retaliatory combat. When his army was ready to take on Mecca, he issued 8:39 & 9:29.
Shari’ah puts proof to the egregious lie: Reliance of the Traveller, Book O and Al Hedaya Volume II, Book IX fall short of perfect clarity individually, but together they are mutually clarifying.
The first is when they are in their own countries, in which case jihad (def: o9.8) is a communal obligation, and this is what our author is speaking of when he says, “Jihad is a communal obligation,” meaning upon the Muslims each year….
The destruction of the sword is incurred by infidels, although they be not the first aggressors, as appears from various passages in the sacred writings which are generally received this effect.
protection of innocent non-combatants
Islam is so moral, isn’t it? Offensive wars of conquest are ok so long as women and children are protected, right? Yeah, right! Lets examine the reality of this egregious al-Taqiyya. In Sahih Muslim 19.4294, the second most authentic of the canonical hadith collections, Moe’s orders to his field commanders are listed. They are ordered to avoid certain acts that would profane a holy war. See also Sunan Abu Dawud 14.2608.
What do embezzling spoils and killing children have in common? Mull it over for a moment, we’ll get back to it. Next we turn to Malik’s Muwatta, #4 in authenticity, for a real eye opener.
Yahya related to me from Malik from Ibn Shihab that a son of Kab ibn Malik (Malik believed that ibn Shihab said it was Abd ar-Rahman ibn Kab) said, “The Messenger of Allah, may Allah bless him and grant him peace, forbade those who fought ibn Abi Huqayq (a treacherous jew from Madina) to kill women and children. He said that one of the men fighting had said, ‘The wife of ibn Abi Huqayq began screaming and I repeatedly raised my sword against her. Then I would remember the prohibition of the Messenger of Allah, may Allah bless him and grant him peace, so I would stop. Had it not been for that, we would have been rid of her.’ “
A fighter about to kill a woman remembered Moe’s prohibition and spared her; what a gentleman! But why did Moe proscribe killing women and children? Obtain a clue from Surah Al-Ahzab.
Who was made captives? Tafsir Ibn Kathir has the answer.
What would they have done with Atiyah if he had reached puberty? Such fine, peaceful gentlemen who do not kill children. Why don’t they kill children? The next clue comes from Shari’ah, codified in Reliance of the Traveller.
For the kill shot, we turn to the Religious and Moral Doctrine on Jihad by Ibn Taymiyyah.
What do captive women and children have in common with the spoils? They are part of the spoils!! Killing them is prohibited because they represent a source of wealth, to be sold on the slave market.
Shari’ah protects religious liberty
Examine the code from Reliance of the Traveller, Book O, Chapter 9 to see how Shari’ah protects religious liberty.
O9.8: The Objectives of Jihad
The caliph (o25) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax (jizya, def: o11.4) -which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (O: and the war continues) until they become Muslim or else pay the non-Muslim poll tax…
The caliph fights all other peoples until they become Muslim (O: because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax…
Of course, waging war upon people until they convert to your religion is a great way to protect religious liberty.
Shari’ah & secular law
The Fiqh Council says they are compatible; are they? Our Constitution prohibits “cruel and unusual” punishments. Shari’ah requires lashing and amputation.
The penalty for drinking is to be scourged forty stripes, with hands, sandals, and ends of clothes. It may be administered with a whip, but if the offender dies, an indemnity (def: o4.4) is due (A: from the scourger) for his death. If the caliph (def: o25) increases the penalty to eighty stripes, it is legally valid, but if the offender dies from the increase, the caliph must pay an adjusted indemnity, such that if he is given forty-one stripes and dies, the caliph must pay 1/41 of a full indemnity.
P21.1 Allah Most High says: “Thieves, male or female–::eut off their hands in retribution for what they have earned, as an exemplary punishment from Allah. Allah is Almighty and Wise” (Koran 5:38).
Islam is compatible with democracy
Democracy involves man made law and a process of consensus. Islam requires Allah’s demonic law. The two are incompatible because they are polar opposites. Our laws are made by our bicameral legislature within limits set by our Constitution. Islamic law is the Qur’an & sunnah.
Moe was an autocrat; how can his successors be anything else? Surah Al-Ahzab has a clue for you.
Anti-Islam = racism
What race is Islam? It was invented by an Arab, but it has conquered Asians, Caucasians and Negroes. So, what race is it? Islam is a deen: way of life. That deen is intra-species predation. One hadith in Sunan Abu Dawud makes this fact abundantly clear. It offsets jihad against commerce and agriculture as inferior economic systems. It declares jihad to be the original religion of Islam.
Narrated Abdullah ibn Umar:
I heard the Apostle of Allah, (peace_be_upon_him) say: When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
Islam plays the race card and the hate card to silence its critics because it can not refute the fatal facts displayed above. Islam is the polar opposite of American values: life, liberty and the pursuit of happiness. Can there be any greater arrogance than that which at once seeks to destroy our way of life; to kill or enslave us and demands that we tolerate it in silence?
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