The Gross National Debt

Thursday, January 12, 2012

In defense of Sharia

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Sharia is the word used to describe the bodies of law based around the Koran. In other words, Sharia is Muslim-Islamic law based on that religion. I say "law" to bow to convention even though Sharia is not always law. Sometimes it is and sometimes it is a matter of custom and social norm.
Can I get an Amen?


That said, the tenets of Sharia are not universal. Sharia law varies widely across the globe. What one Sharia allows, another forbids and vice versa.

But it's still based on Islam.

Do you think Sharia should be banned in the United States?

Do you also want to be fair?

If you say yes, then you set a precedent. By banning Sharia law, you also set the stage to ban law based on other religions, like Christianity. Or any other religion. Or, lack of religion. Yes, I consider atheists to be have a religion. Which is an entirely different column.

OK, say you want to ban Sharia but don't want to be fair. Majority rules? OK, what if Muslims are a majority and seek to ban the stuff you support? There are places in the US where Muslims make up enough of the population to possibly make this happen in the polls.

The problem with banning Sharia is it is unConstitutional. Don't believe me?
Nose removal, a legal punishment under Sharia in some places, but not all.

The First Amendment: 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.



Please pay close attention to the "free exercise" bit. This does not give you license to go out rape, kill, pillage, steal & etc in the name of your god, or otherwise be the kind of person who needs to be hurled off a cliff. Unless of course you are the president of the United States in command of the world's most powerful military and get mad at some third world country. But that too is another column.

Anyway, banning Sharia is unConstitutional, despite what you may think. Wanna bet?

Do you have the right to set your will up as you see fit? In other words can you say who gets what when you pass this realm of existence?

A will is a binding legal document.

What is a person wants to draft his will according to Sharia?

Ummm.

That is, so I am told, what happened in the above court case. The man who sued wanted to set his will according to his beliefs, interpretations and instructions based on his religion.

Should he be allowed to do this?

The court in the above link states Furthermore, plaintiff has presented testimony that "Sharia Law" is not actually "law", but is religious traditions that provide guidance to plaintiff and other Muslims regarding the exercise of their faith. Plaintiff has presented testimony that the obligations that "Sharia Law" imposes are not legal obligations but are obligations of a personal and private nature dictated by faith. Plaintiff also testified that "Sharia Law" differs depending on the country in which the individual Muslim resides... Based upon this testimony, the Court finds that plaintiff has shown "Sharia Law" lacks a legal character, and, thus, plaintiff's religious traditions and faith are the only non-legal content subject to the judicial exclusion set forth in the amendment.

In simple words - the man said his actions are guided by his beliefs, faith and his religion.

Do you have a problem with that? If you would ban this man from acting on his beliefs, faith and religion, then you clearly violate the First Amendment and set out a precedent. You too can be banned from doing what your conscience dictates.

Even the most hardened atheist is guided by his beliefs and faith, and as I said earlier his religion. Every thinking human is guided by his own beliefs and faith and religion (or lack thereof).

Do you really want to ban Sharia?

That way lies a dictatorship in which everything not forbidden is compulsory.

6 comments:

  1. "and therein lies the rub" so to speak. So many people want to ban Sharia and hell anything non-Christian and don't realize the precedents it would set. Since a huge amount of our own laws are based off Christian beliefs, there could easily come a time when a majority says they don't like our set of mores and ban them. People rail about all the atrocities committed under Sharia rules, but I could easily give dozens or more examples of atrocities committed under Christian rules and, despite what most people think, a large chunk of them are current time not some long ago time. Equality for all or equality for none.

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  2. Sharia starts by declaring that there is no god but dead Allah. It's a non-starter with the First Amendment.

    That won't stop the Muslim World from trying to force the U.S. to bow to it. That's why you have to remain vigilant and not be an ostrich.

    Join the Islam Watchers:

    http://tinyurl.com/islamwatch

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  3. This comment has been removed by the author.

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  4. The 10th Circuit Court was correct in their decision since the law singled out religion, a violation of the 1st AMD. The District Court reached the same correct conclusion, but they were incorrect in their additional ruling that Sharia "lacks a legal character".
    Sharia is not strictly "private and personal in nature". Where Sharia is used it has exactly the same characteristics of what we would consider law- a rule the violation of which carries a penalty. If you violate Sharia law in Saudi Arabia or Iran there are very real consequences. Yes Sharia is different in different countries, but so what. American law is based on English common law, but some of our laws are different than English laws.
    The problem we in the West face is our lack of understanding that Islam is both religious and political. Islam does not recognize any separation of the secular state from the world of Islam. In Islam Mohamed was the prophet and the first Islamic ruler and his rule was guided by Allah. There is no "Give to Caesar what is Caesar's and to God what is God's" in the Koran.

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  5. Nose removal, is not a legal punishment under Sharia. It is only in your mind or you're trying to subdue people in error. This is a diffamatory attack against Islam. You should be perssued.

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  6. As for Ali's comments, as best I can read them, no. Ali is wrong. The Koran states removal of the nose is allowable, required in fact.

    http://answering-islam.org/Authors/Arlandson/retaliation.htm

    Some other uses (see below) are questionable.

    http://www.dailymail.co.uk/news/article-1336773/Father-law-Times-Afghan-cover-girl-nose-ears-sliced-ARRESTED.html - This article does say there is no provision under Sharia for some such mutilations, but the article also states a Taliban commander did act as judge when ordering the mutilation.

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