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Dispelling the Sharia Threat Myth


http://apps.americanbar.org/cle/programs/t11dst1.html

Dispelling the Sharia Threat Myth:

Implications of Banning Courts from Referencing Religious, Foreign, or International Law

Date: Wednesday, December 7, 2011
Format: Live Webinar and Teleconference
Duration: 90 minutes

 

In the last year nearly 50 bills and state constitutional amendments intending to ban state courts from considering international, foreign, or religious law were introduced in more than 20 states.   Such provisions—commonly referred to as “Sharia law bans” or “anti-Sharia law legislation”—have already passed in Oklahoma, Tennessee, and Louisiana.

Once adopted these bans have the potential to obstruct state courts from performing essential functions including enforcement of commercial contracts, intra-country adoptions, foreign marriages, Native American rights, foreign, judgments, and the outcome of voluntary faith-based dispute resolution forums as well as efforts to thwart child abduction. The provisions also have serious implications for individual rights under the free exercise clause of the First Amendment.

Our panel will discuss the origin of these bans, their potential impact on how state courts function, and efforts to combat the provisions in legislatures and the courts.

Do we really want Islamic commercial law to be enforced in our courts? To be Shari’ah compliant, Zatat of 2.5% is required on financial transactions. 12.5% of Zakat must be paid to those “fighting in Allah’s cause”.  Zakat paid on Shari’ah compliant investments, insurance, annuities & mortgages will be used to finance terrorism. Wasn’t that what the Holy Land foundation trial was about? Reliance of the Traveller, Book H codifies the law of Zakat.

h8.17 The seventh category is those fighting for
Allah, meaning people engaged in Islamic military
operations for whom no salary has been allotted in
the army roster (0: but who are volunteers for
jihad without remuneration). They are given
enough to suffice them for the operation, even if
affluent; of weapons, mounts, clothing, and
expenses (0: for the duration of the journey,
round trip, and the time they spend there, even if
prolonged. Though nothing has been mentioned
here of the expense involved in supporting such
people’s families during this period, it seems clear
that they should also be given it).

Several of the cases described in http://www.shariahinamericancourts.com involve divorce and child custody.  Islamic laws of marriage & divorce are codified in books M & N of Reliance of the Traveller Do you really want those laws enforced in our courts?

Shari’ah empowers the father of a pre-pubescent virgin girl to compel her to marry the man of his choice.  How does that square with our age of consent laws?  Should a girl be allowed to choose her own mate, and wait until she is sufficiently mature to make the decision?

m3.13 Guardians are of two types, those who
may compel their female charges to marry someone,
and those who may not.
(1) The only guardians who may compel
their charge to marry are a virgin bride’s father or
father’s father, compel meaning to marry her to a
suitable match (def: m4) without her consent.

Shari’ah allows a Muslim to divorce his wife by repeating “I divorce you.” three times, it is quick and simple.

n3.1 The words that effect a divorce may be
plain or allusive. Plain words effect the divorce
whether one intends divorce by them or not, while
allusive words do not effect it unless one intends
divorce by them.
n3.2 Using plain words to effect a divorce
means expressly pronouncing the word divorce
(0: or words derived from it). When the husband
says, HI divorce you,” or “You are divorced,” the
wife is divorced whether he has made the intention
or not.
(A: Here and in the rulings below, expressions
such as “The wife is divorced,” or “The
divorce is effected,” mean just one of the three
times (def: n9.0(N:» necessary to finalize it,
unless the husband thereby intends a two- or
threefold divorce (dis: n3.5) or repeats the words
three times.)

The Shari’ah of support could be an important consideration in divorce cases.

m 11.1 0 As for a woman in her postmarital waiting
period (def: n9), she is entitled to housing during
it no matter if it is because of her husband’s death,
a divorce in which the husband may take her back,
or a threefold, finalized divorce. As for her support
(A: in terms of food) and clothing:
(1) it is not obligatory to provide her with
it during the waiting period after (N: a threefold
divorce, a release for payment (def: nS), or) her
husband’s death;
(2) it must be provided in the waiting period
of a (A: not yet threefold) divorce in which her
husband may take her back;
(3) and if a woman in the waiting period of a
threefold divorce is pregnant, she is given support
each day (A: until the child is born, after which
she is entitled to support and wages for taking care
of it), but if not pregnant, she is not entitled to
support.

In matters of child custody, which parent is better qualified to have custody?  Islamic law might not meet your expectations.  Custody is a function of age and religion.

m13.5 When a child reaches the age of discrimination
(0: which generally occurs around seven or
eight years of age) he is given a choice as to which
of his parents he wants to stay with (0: since the
Prophet (Allah bless him and give him peace)
gave a young boy the choice between his father
and his mother. The child is only given such a
choice when the necessary conditions for child
custody (def: m13.2) exist in both parents. If one
of them lacks a single condition, then the child is
not given a choice, because someone lacking one
of the conditions is as though nonexistent).
If the child chooses one of the parents, he is
given to the care of that one, though if a son
chooses his mother, he is left with his father during
the day so the father can teach him and train him.

What if the father is Muslim and the Mother is Christian?

m13.2 The necessary conditions for a person to
have custody of a child are:
(a) uprightness (def: 024.4) (0: a corrupt
person may not be a guardian, because child care
is a position of authority, and the corrupt are
unqualified for it. Mawardi and Ruyani hold that
outward uprightness (def: m3.3(f) is sufficient
unless there is open wrongdoing. If the corruptness
of a child’s mother consists of her not performing
the prayer (sal at) , she has no right to
custody of the child, who might grow up to be like
her, ending up in the same vile condition of not
praying, for keeping another’s company has its
effects);
(b) sanity (0: since a mother uninterruptedly
insane has no right to custody, though if her
insanity is slight. such as a single day per year. her
right to custody is not vitiated by it);
(c) and if the child is Muslim, it is a necessary
condition that the person with custody be a Muslim
(0: because it is a position of authority, and a
non-Muslim has no right to authority and hence
no right to raise a Muslim. If a non-Muslim were
given charge of the custody and upbringing of the
child, the child might acquire the character traits
of unbelief (kufr».

m13.4 A woman has no right to custody (A: of
her child from a previous marriage) when she
remarries (0: because married life will occupy her
with fulfilling the rights of her husband and prevent
her from tending the child. It makes no difference
in such cases if the (A: new) husband
agrees or not (N: since the child’s custody in such
a case automatically devolves to the next most
eligible on the list (dis: m13.I)), unless the person
she marries is someone (A: on the list) who is
entitled to the child’s c!Jstody anyway (0: as
opposed to someone unrelated to the child, since
such a person, even if willing, does not deserve
custody because he lacks the tenderness for the
child that a relative would have).

The offspring of a Muslim father must be raised as Muslims. A Christian mother can not obtain custody. If she remarries, she loses custody.  Do you want that Islamic law enforced in our courts?

There are many other details that make Shari’ah incompatible with American law. You can read about them in Reliance of The Traveller. Consider the laws of eligibility to give testimony in court.  You can obtain the book from Amazon.com for about $30; it is 1251 pages long including the index. .

Examine the House Resolution before the Congress. It simply excludes foreign law unless it is explicitly required by the Constitution or federal legislation.

H.R. 973: To amend title 28, United States Code, to prevent the misuse of foreign law in Federal courts,…112th Congress: 2011-2012

http://www.govtrack.us/congress/billtext.xpd?bill=h112-973

SECTION 1. USE OF FOREIGN LAW IN FEDERAL COURTS.
Part VI of title 28, United States Code, is amended by adding at the end the following:
‘CHAPTER 183–USE OF FOREIGN LAW IN FEDERAL COURTS
‘Sec. 4201. Limitation on use of foreign law in Federal courts
‘In any court created by or under article III of the Constitution of the United States, no justice, judge, or other judicial official shall decide any issue in a case before that court in whole or in part on the authority of foreign law, except to the extent the Constitution or an Act of Congress requires the consideration of that foreign law.’.

Michigan House Bill 4769 would ban enforcement of foreign law which abrogates constitutional rights.  Take a close look at its operative provisions.

Sec. 2. A court, arbitrator, administrative agency, or other
4  adjudicative, mediation, or enforcement authority shall not enforce
5  a foreign law if doing so would violate a right guaranteed by the
6  constitution of this state or of the United States.
7  Sec. 3. (1) If any contractual provision or agreement provides
8  for the choice of a foreign law to govern its interpretation or the
9  resolution of any dispute between the parties and if the
10  enforcement or interpretation of the contractual provision or
11  agreement would result in a violation of a right guaranteed by the
12  constitution of this state or of the United States, the contractual
13  provision or agreement shall be applied as modified or amended to
14  the extent necessary to preserve the constitutional rights of the
15  parties.
16  (2) If any contractual provision or agreement provides for the
17  choice of venue or forum outside of the states or territories of
18  the United States, and if the enforcement or interpretation of the
19  contractual provision or agreement applying that choice of venue or
20  forum provision would result in a violation of any right guaranteed
21  by the constitution of this state or of the United States, that
22  contractual provision or agreement shall be interpreted or
23  construed to preserve the constitutional rights of the person
24  against whom enforcement is sought. Similarly, if a natural person
25  subject to personal jurisdiction in this state seeks to maintain
26  litigation, arbitration, agency, or similarly binding proceedings
27  in this state, and if a court of this state finds that granting a
claim of forum non conveniens or a related claim violates or would
2  likely lead to a violation of the constitutional rights of the
3  nonclaimant in the foreign forum with respect to the matter in
4  dispute, the claim shall be denied.
5  (3) Any contractual provision or agreement incapable of being
6  modified or amended to preserve the constitutional rights of the
7  parties pursuant to the provisions of this section is null and
8  void.
9  (4) If a corporation, partnership, limited liability company,
10  business association, or other legal entity contracts to subject
11  itself to foreign law in a jurisdiction outside of any state or
12  territory of the United States, this act does not apply to that
13  contract.
14  Sec. 4. This act applies only to actual or foreseeable
15  violations of the constitutional rights of a person caused by the
16  application of the foreign law.

Exactly how does prohibiting the enforcement of foreign law which would violate the Constitutional rights of one party impair a Muslim’s right to practice Islam?  Please explain in a comment or document your answer in a blog post and post the url in a comment.  Does the proposed legislation stop him from Iman, Salat, Saum, Hajj or Zakat?   What real harm is done to the Muslim if the legislation deprives him of a frivolous defense against charges of bigamy, marital rape or domestic violence?

Must we allow Khalid Sheikh Mohammed & conspirators to assert a defense based on religious obligation and let him get off Scott free because “Allah made me do it.”?

Does anyone comprehend the fact that Muslims present a real, present & persistent danger to our personal and national security precisely because of Shari’ah, which codifies Allah’s imperative, threat & promise?  Allah said “fight them“;  Shari’ah  says that  if jihad is neglected when possible to perform,  all who knew of it are in sin.  Shari’ah says that “The  caliph makes war upon Jews, Christians and Zoroastrians”…

Shari’ah’s provisions for perpetual conquest may not be tried in our courts, but its child custody provisions have already made an appearance there.  Despite 50 trial and appelate cases in the last 30 years, the ABA assures us that Shari’ah poses no threat.

The Shari’ah threat can not be exorcised by the magic of legal incantations, it can only be exorcised by expelling Islam and its advocates from our shores.  At present, legislation to exclude Shari’ah from court decisions is the only proximate solution to an insoluble problem.

November 12, 2011 Posted by | Islam | , , , , | Leave a comment

Inside the Islamophobia Network


Muslims and their dhimmis are kvetching & caterwauling
over what they perceive as a right wing extremist campaign to divert
attention from the important items of their Socialist agenda  by
seeking laws to bar Shari’ah from American courts.  Thanks and a
tip of the hat to Bare Naked Islam for bringing this to my
attention.

Inside the
Islamophobia Network

has a video in which snippets of remarks by several experts  are
used to create a false image of superficiality.  The most
accessible handbooks of Shari’ah run in excess of 1000 pages. The
experts can’t tell us everything in a few seconds of air time.

http://www.youtube.com/watch?v=Zx4M0xFjRKA&feature=player_embedded

agenda: demonize Muslims

The “experts” called Shari’ah a threat, they
accurately described it, they  did not declare it satanic nor did
they attach that label to Muslims.  Shari’ah is a system of law
based on the Qur’an & hadith.  Many provisions of Shari’ah are
not compatible with our Constitution.

link to terrorism

Terrorism is a battle tactic1,
the battle is part of
jihad.  Jihad is defined in Reliance of the Traveller, Book O, Chapter 9,
which also describes the communal religious
obligation
to perform it
annually.  It describes the caliph as making war against Jews,
Christians & Zoroastrians10
until they are subjugated and pay the
jizya. It describes the caliph as fighting all other peoples until they
become Muslim.

infiltration of Shari’ah

Shari’ah courts are operating in England, but not
here, of course; it can’t happen here. “This
Shari’ah law business is
crap
“. So Says Governor Christie..  But CSPI has a surprise
for
you: in
the last three decades, fifty court cases have involved Shari’ah.

Shariah
Law and American State Courts: An Assessment of State Appellate Court
Cases

Version 1.4 / June 21, 2011 (PDF, 635 pages, 2.4 MB)

The
Center for Security Policy’s report, Shariah
Law and American State Courts: An Assessment of State Appellate Court
Cases
 evaluates
50 Appellate Court cases from 23 states that involve conflicts between
Shariah (Islamic law) and American state law.

The
facts are the facts: some judges are making decisions deferring to
Shariah law even when those decisions conflict with Constitutional
protections.

Table 1 on page 44 enumerates the cases by state.

Table 3 on page 46 lists cases by category.

Table 4 enumerates compliant and non-compliant trial court decisions.

Table 5 enumerates compliant and non-compliant appellate decisions.

Table 6 on page 47 lists the conflicts by country of origin.

Twenty one cases dealt with marriage law and
seventeen with child custody.

its crap!

The crap is flowing from the
mouths of the smug, smarmy, holier than thou self-righteous deniers of
objective factual reality.  Shari’ah has been admitted to American
courts already. Seventeen cases involved child custody. Do you have a
clue concerning the relevant provisions of Shari’ah?  I have some
clues for you.

This is not hate speech. This is not demonization.
This is not Islamophobia. This is exposing a significant sample of the
provisions of Islamic law so that you can see and understand
them.  I am providing quotes and links to source documents so that
you can delve as deeply into them as you like.  Reliance of the
Traveller, Books  M & N regulate marriage and divorce.

This partial table of contents comes
from page 508 of the text, page 526 of the pdf.

Child Care and Custody m13.0

Meaning of Child Care mB.O(O:)

Precedence Order of Who Deserves Child’s Custody m13.1

Conditions for Eligibility to Have Child Custody m13.2

Non-Muslim Day-Care Centers, Schools, Etc. m13.3

A Woman Who
Remarries Loses Right to Custody
m13.4

Older Children Decide Which Parent to Stay With mB.5

Now we are going to get down to some gritty detail.
There is blessed good reason why Shari’ah should not be enforced in our
courts and I shall now expose you to it.

Shari’ah denies custody to a secular mother

Shari’ah denies custody to a Christian mother

 


m13.2 The necessary conditions for a person to

have custody of a child are:

(a) uprightness
(def: 024.4) (0: a corrupt

person may not be a guardian, because child care

is a position of authority, and the corrupt are

unqualified for it.
Mawardi and Ruyani hold that

outward uprightness (def: m3.3(f) is sufficient

unless there is open wrongdoing. If the corruptness

of a child’s mother consists of her
not performing


the
prayer (sal at) , she has no right to


custody
of the child, who might grow up to be like


her,
ending up in the same vile condition of not


praying,
for keeping another’s company has its


effects);

(b) sanity (0: since a mother uninterruptedly

insane has no right to custody, though if her

insanity is slight. such as a single day per year. her

right to custody is not vitiated by it);

(c) and if
the child is Muslim, it is a necessary


condition
that the person with custody be a Muslim

(0: because it is a position of authority, and a

non-Muslim
has no right to authority
and hence

no
right to raise a Muslim
. If a non-Muslim were

given charge of the custody and upbringing of the

child, the
child might acquire the character traits


of
unbelief (kufr».
{Emphasis added.}

Under Shari’ah a divorced woman loses custody of her
children if she does not perform Salat, if she remarries or if she is
not a Muslim.   If you do not comprehend this, go back and
read sections a, c & d again.

Risala treats of custody in Chapter 33 on page 332 of the pdf.

Maliki & Shafi’ite do not agree perfectly.

33.9b. Custody

After a divorce, the woman has custody of a boy until he reaches puberty

and a girl until
she marries and the marriage consummated
.

[This is the right of the mother, be she free or slave, Muslim, or Kitabi,
sensible or

foolish according to Ibn ‘Arafa. This right also pertains if she is
widowed. The

girl’s maintenance is owed by the father until her marriage is
consummated.]

33.9c. Order of custody

After that if the mother dies or remarries, custody goes to the
grandmother

and then the maternal aunt. If there are no female relatives of the
mother,

then it goes to one of the sisters and paternal uncles. If there are
none,

then the agnate relatives.

[Custody goes first to the mother’s mother and then the father’s
mother.]

Hedaya, Volume I, page 138  on page 197 of the pdf, has this ruling, which
indicates that re-marying would  void the mother’s right to
custody.

In case of separation, the care of the infant

children belongs to
the mother,
the right

of nursing and keeping it rests with the

mother, because it is regarded that a woman

once applied to the. prophet, sayiug, ” 0,

prophet of God ! this 1s .my son, the fruit

of my womb, cherished in my bosom and

suckled at my breast, and his father is desirous

of taking him away from me into ,his

own care ;”-to which the prophet replied,

thou hast a
right in the child prior to that


of thy husband, so
long as thou dost not


marry with a
stranger
:’

On page 139, page 198 of the pdf, there is another interesting
ruling. A non-Muslim woman loses custody once the child is old enough
to decide on religion.

And also an infidel mother the wife of a

Mussulman or female infidel

subject, married to a Mussulman, is entitled

to the Hizanit of
her child, although  he be


a Mussulman like
the father; but this only


so long as the
child is incapable of forming


any judgment with
respect to religion
, and

whilst there is no apprehension of his imbibing

an attachment to infidelity ; but when

this is the case, he
must be taken from.the


mother,
because, although it be for the child’s

advantage to be under her care until that

period, his
remaining longer with he might


prove injurious.


forced marriage

Should a father be able to compel his pre-pubescent
daughter to marry? He is, if Shari’ah is applied.

m3.13 Guardians are of two types, those who

may compel their female charges to marry someone,

and those who may not.

(1) The only
guardians who may compel


their charge to
marry are a virgin bride’s father or


father’s father,
compel meaning to marry her to a


suitable match
(def: m4) without her consent.

(2) Those who may not compel her are not

entitled to marry her to someone unless she

accepts and gives her permission.

Whenever the bride is a virgin, the father or

father’s father may marry her to someone without

her permission, though
it is recommended to ask


her
permission if she has reached puberty
. A virgin’s

silence is
considered as permission.

As for the nonvirgin of sound mind, no one

may marry her to another after she has reached

puberty without her express permission, no matter

whether the guardian is the father, father’s

father, or someone else.

Risala rules on this issue in page 302 of the pdf.

32.2 The authority of the guardian

32.2a. A father arranging the marriage of a virgin daughter

A father can
arrange the marriage of his virgin daughter without her permission even
if she is


beyond the age of
puberty.
It is up to him whether he consults her or not.

[To whomever he wants for the dowry he wishes, even for less than a
suitable dowry. He can give her

choice, and it states in al-Jawahir and elsewhere that it is
recommended that he ask her permission.]

Hedaya  covers this issue tangentially in
Volume I, page 32, in the second column of Page 93 of the pdf.

I focused on the child custody issue because of its
familiarity and critical importance. If your daughter marries a Muslim,
gives you grand children and is divorced by tripple talaq,
do you want the provisions listed above to determine who gets
custody?  If your wife is raped, do you want her to be required to
provide four male witnesses to prove it? What is your
attitude toward being excluded from being a witness because you are not
Muslim?

Shari’ah compliant finance is a related issue,
requiring the payment of a 2.5% tax. 12.5% of that tax must be paid to those “fighting in
Allah’s cause”
ie. terrorists. Do you give a damn?

Remember, “it’s crap!”; it can’t happen here,
“nobody is demanding it”; except that there have already been 50 cases
involving Shari’ah in state trial and appellate courts.   It
will happen unless we rise up to put a stop to it. If your state has
pending legislation to exclude foreign law, contact your legislators
and ask them to vote for it. Contact your Congressman to ask him to
co-sponsor and vote for H.R.
973
.
Congress.org  lets you email your state and federal legislators
without knowing their names or district numbers. You need only know
your Zip Code. Sign up and send those emails today!

http://www.congress.org/


  1. Relevant ayat & ahadith:
    1. http://www.islamawakened.com/Quran/3/151/
    2. http://www.islamawakened.com/Quran/8/12/
      1. http://corpus.quran.com/wordbyword.jsp?chapter=8&verse=12
        1. (8:12:16)

          l-ruʿ’ba

          the terror

    3. http://www.islamawakened.com/Quran/8/57/
    4. http://corpus.quran.com/wordbyword.jsp?chapter=8&verse=60
      1. http://corpus.quran.com/wordbyword.jsp?chapter=8&verse=60
        1. (8:60:10)

          tur’hibūna

          (to) terrify

    5. http://www.islamawakened.com/Quran/33/26/
      1. http://corpus.quran.com/wordbyword.jsp?chapter=33&verse=26
        1. (33:26:12)

          l-ruʿ’ba

          [the] terror,

    6. http://www.islamawakened.com/Quran/59/2/
      1. http://corpus.quran.com/wordbyword.jsp?chapter=59&verse=2
      2. (59:2:32)

        l-ruʿ’ba

        [the] terror,

    7. http://www.islamawakened.com/Quran/59/13/
    8. http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/hadith/bukhari/007.sbt.html#001.007.331
    9. http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/hadith/bukhari/052.sbt.html#004.052.220
    10. http://www.islamawakened.com/Quran/9/29/
    11. http://www.islamawakened.com/Quran/8/39/

August 26, 2011 Posted by | Islam, Political Correctness | , , , , | 4 Comments

   

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