Showing posts with label testimony. Show all posts
Showing posts with label testimony. Show all posts

Friday, November 19, 2010

Al-taqiyya about Shari'ah Must Be Refuted!

The S-Word

Fearmongering about Sharia law in America needs to stop


    I did not find the article to be rich in substance, but a few points need to be raised.

The proposal was bolstered by a case in New Jersey in which the court considered Sharia law in its decision to deny a Muslim woman a restraining order against her sexually abusive ex-husband. That decision, thankfully, was overturned on appeal.


What if?  Suppose there was a technical error in the appeal, causing the original verdict to be upheld?  What if the appeals court failed to recognize the lower court's error?  An ounce of prevention is worth a pound of cure.

    After the negligence comes the sarcasm.

But it was enough to drive seven out of ten Oklahoma voters toward the “Save Our State” Amendment,” to “save” Oklahoma from, in the words of the bill’s main author, Muslims who desire nothing more than to take away “liberties and freedom from our children.”


A student, occupied with learning and passing exams, can be forgiven for being ignorant of Islamic doctrines & practices, but not for assuming that he knows everything about the subject. I was ignorant of Islam when I was a student, but I have learned a great deal in the last ten years.  Islam's strategic objective is total world domination: making the entire human race slaves of Allah. Islam does not recognize man made legislation, it demands the imposition of Shari'ah, derived from the Qur'an & Sunnah.

But the law exemplifies something far more insidious than bad public policy. Quite simply, there is a dangerous amount of ignorance in the United States about what Sharia law actually is. And until this misconception is corrected, as another concerned columnist so eloquently put it, the war on global Islamist terror will also continue be a war on American Muslims.


Basing American court decisions on the American Constitution, legislation & case law is not "bad public policy", it is common sense.  There is a dangerous level of ignorance about Shari'ah. That ignorance can be corrected by reading Reliance of the Traveller, Noah Ha Mim Keller's translation of Umdat Al-Salik, the Shafi'ite school's handbook of Fiqh.  The text includes certificates of authenticity and accuracy from scholars at Al-Azhar. 

In England, Shari'ah courts deal mainly with family law. Safe, sane and simple; no threat there, right?  Wrong!!!  Book m treats of the laws of marriage. Lets examine a sample.

m3.13: Guardians Who May Marry a Virgin to a Man Without Her Consent

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.

So much for the minimum legal age. So much for choosing your own lifetime mate.  Book n treats of divorce.  Who can do it?
Divorce is valid from anyDivorce is valid from any

n1.1

Divorce is valid from any:

(a) husband;

(b) who is sane;

(c) has reached puberty;

(d) and who voluntarily effects it.

A divorce is not valid from:

-1- (non-(c) above) a child;

-2- (non-(b) ) someone insane;

-3- or (non-(d) ) someone who is wrongfully coerced to do it, as when one is threatened with death, dismemberment, being severely beaten, or even mere verbal abuse or a slight beating if the person being coerced is someone whose public image is important and would thereby suffer. (O: Someone being forced should use words that give a misleading impression (def: r10.2) for his ostensible "divorce.'')

n2.1

A free man has three pronouncements of divorce (O: because of the word of Allah Most High,

"Divorce is two times, then retain with kindness or graciously release'' (Koran 2:229),

and when the Prophet (Allah bless him and give him peace) was asked about the third time, he said.

"It is Allah's having said, or graciously release''').

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 (O: or words

derived from it).  When the husband says' "I 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.)

 

 


Let divorce cases be handled by Shari'ah courts; great idea, ladies?   How about honoricide?  Book o treats of "justice". o.1 details retaliation for death or injury. There are certain cases in which no retaliation is due. Here they are.

o1.2

The following are not subject to retaliation:

-1- a child or insane person, under any circumstances (O: whether Muslim or non-Muslim.

The ruling for a person intermitently insane is that he is considered as a sane person when in his right mind, and as if someone continously insane when in an interval of insanity. If someone against whom retaliation is obligatory subsequently becomes insane, the full penalty is nevertheless exacted. A homicide committed by someone who is drunk is (A: considered the same as that of a sane person,) like his pronouncing divorce (dis: n1.2) );

-2- a Muslim for killing a non-Muslim;

-3- a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences);

-4- a father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring;

-5- nor is retaliation permissible to a descendant for (A: his ancestor's) killing someone whose death would otherwise entitle the descendant to retaliate, such as when his father kills his mother.


You can not execute a Muslim for killing a kuffar, an apostate or his own offspring. That's the law. It should be enforced, of course. It is so much superior to our man made laws.   How about the blood money to be paid for murder? 

o4.9

(A: For the rulings below, one multiplies the fraction named by the indemnity appropriate to the death or injury's type of intentionality and other relevant circumstances that determine the amount of a male Muslim's indemnity (def: o4.2-6 and o4.13). )

The indemnity for the death or injury of a woman is one-half the indemnity paid for a man.

The indemnity paid for a Jew or Christian is one-third of the indemnity paid for a Muslim. The indemnity paid of a Zoroastrian is one-fifteenth of that a Muslim.


A Muslim woman is worth only one half of her Muslim husband. A Christian is worth only one third as much as a Muslim. What a great system, lets implement it!  

    Then there is the matter of eligibility to give testimony in court.

o24.2

Legal testimony is only acceptable from a witness who:

(a) is free;

(b) is fully legally responsible (mukallaf, def: c8.1) (O: as testimony is not accepted from a child or insane person, even when the child's testimony regards injuries among children that occurred at play);

(c) is able to speak;

(d) it mentally awake;

(e) is religious (O: meaning upright (o24.4) (A: and Muslim), for Allah Most High says,

"Let those of rectitude among you testify" (Koran 65:2),

and unbelief is the vilest form of corruption, as goes without saying);

(f) and who is outwardly respectable (O: respectability (muru'a) meaning to have the positive traits which one's peers possess in one's particular time and place. Sheikh al-Islam (A: Zakariyya Ansari) says, "Respectability is refraining from conduct that is unseemly according to standards commonly acknowledged among those who observe the precepts and rules of the Sacred Law." It is according to standards commonly acknowledged (def: f4.5) because there are no absolute standards for it, but rather it varies with different persons, conditions, and places, Such things as eating and drinking (A: in the marketplace or wearing nothing on one's head may vitiate it (A: though the latter is of no consequence in our times), as may a religious scholar's wearing a robe or cap in places where it is not customary for him to do so).

o24.7

The testimony of the following is legally acceptable when it concerns cases involving property, or transactions dealing with property, such as sales:

-1- two men;

-2- two women and a man;

-3- or a male witness together with the oath of the plaintiff.

o24.8

If testimony does not concern property, such as a marriage or prescribed legal penalties, then only two male witnesses may testify (A: though the Hanafi school holds that two women and a man may testify for marriage).

 


Christians can't testify, nor can menial laborers and it takes two women to give evidence. What a great system! Other schools of Islamic jurisprudence are not exact matches, but are objectionable, none the less.  For example, the Maliki's Risala. Marry off your virgin daughter, unequal blood wit, female testimony, infidel testimony. Is that warm glow of Ivy League superiority holding still holding up?


   One senator had words of wisdom about basing rulings on foreign law.

I did want  to mention it in that connection. But lf me U.S. Supreme Court. ls not going to look to the laws of the Uunited States, including  the fundamental law of tho Unted Status, which In tho Constitution, but lnterpreting what is and is not constltutlonal under tha U.S. Constitution by looking at what foreign governments and foreign Iaws have to my about that same issue. I fear that bit by bit and case by case the Amerlcan people are slowly losing control over the meaning of our laws and the Constitution itself. It this trend continues, foreign governments may have a say in what our laws and
our Constitution mean and what our policies  ln America. should be.

Senator John Cornyn, March 20,2005, Congressional Record, Vol. 151, Pt. 4, pg. 5516


    International and Foreign Law Sources: Siren Song for U.S. Judges? By Chimène I. Keitner on page ten, cites legislation proposed in 2005 that would limit federal judges to domestic sources except for British common law at the time of the adoption of the Constitution. Justices cited as favoring consideration of foreign law, cited by Chimène I. Keitner. include William Rehnquist, Sandra Day O’Connor,Ruth Bader Ginsburg, and Anthony Kennedy.  Shari'ah is not mentioned in that article, but the same principle applies.

    For the grand finale, lets glance at the temporary injunction.


Munir Awad vs. Oklahoma  State Board of Elections;  Case No. CIV-10-1186-M

State Question No. 755, which was on Oklahoma’s November 2, 2010 ballot, provides: This measure amends the State Constitution. It changes a section that deals with the courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state law when deciding cases.
It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law....

"Specifically, plaintiff asserts that the ban on the state courts’ use and consideration of Sharia Law violates the Establishment Clause and the Free Exercise Clause of the First Amendment to the United States Constitution."

Three elements are listed:

  1. by Oklahoma’s official condemnation of his religion/faith as reflected through the amendment to Oklahoma’s constitution banning state courts’ use or consideration of Sharia Law,
  2. by the invalidation of his last will and testament which incorporates various teachings of Mohammed, and
  3. by the excessive entanglement of the state courts with religion that would result from the amendment as the state courts in implementing the amendment would have to determine what is and is not encompassed in Sharia Law.
Constitutional elements:
  1. must have a secular legislative purpose,
  2. its principal or primary effect must be one that neither advances nor inhibits religion, and
  3. it must not foster an excessive government entanglement with religion.


    The amendment specifies the local sources of law and proscribes use of foreign law and Shari'ah. It is unreasonable to equate rejecting Shari'ah as an input to judical decisions with rejection of Islam. 

    Does any reasonable person believe that the amendment rejects or invalidates the plaintiff's last will and testament?  If his will is probated, it will be subject to state law, regardless of Shari'ah. Book l treats of inheritance. Only one third of the estate can be bequeathed, the rest is divided according to a complex formula. If you are crazy enough to want to figure it out, go to Book l.1.

    Entanglement?  All the courts need to do under the amendment is perform  their duties as they do now, considering the facts, law and constitutions but not Shari'ah.  There is no need for the courts to read Reliance, Risala or Hedaya, they just need to do their job. The complaint is obviously unfounded.

    The amendment has a constitutional purpose: preserving the primacy of the federal and state constitutions.  It neither advances nor inhibits religion, it prevents entanglement the court system with Shari'ah.  It does not foster government entanglement with religion, it prevents entanglement. 

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My Favorite Speeches and Other Items of Interest

  • George Bush's March 28, 2007 Discusses Economy, War on Terror During Remarks to the National Cattlemen's Beef Association;http://www.whitehouse.gov/news/releases/2007/03/20070328-2.html
  • Mitch McConnell's March 15, 2007 Funding For Troops, Not Timelines for Retreat; http://mcconnell.senate.gov/record.cfm?id=270747&start=1
  • Ronald Reagan's June 12, 1987 Tear Down This Wall Speech; http://www.reaganfoundation.org/reagan/speeches/wall.asp
  • Vice President Cheney's March 12, 2007 Remarks at the AIPAC 2007 Policy Conference; http://www.whitehouse.gov/news/releases/2007/03/20070312.html

Winston Churchill Quotes

  • A prisoner of war is a man who tries to kill you and fails, and then asks you not to kill him.
  • Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement.
  • Although prepared for martyrdom, I preferred that it be postponed.
  • Attitude is a little thing that makes a big difference.
  • Battles are won by slaughter and maneuver. The greater the general, the more he contributes in maneuver, the less he demands in slaughter.
  • Danger - if you meet it promptly and without flinching - you will reduce the danger by half. Never run away from anything. Never!
  • I always seem to get inspiration and renewed vitality by contact with this great novel land of yours which sticks up out of the Atlantic.
  • I am an optimist. It does not seem too much use being anything else.
  • I have nothing to offer but blood, toil, tears and sweat.
  • I like a man who grins when he fights.
  • I was only the servant of my country and had I, at any moment, failed to express her unflinching resolve to fight and conquer, I should at once have been rightly cast aside.
  • If you have an important point to make, don't try to be subtle or clever. Use a pile driver. Hit the point once. Then come back and hit it again. Then hit it a third time-a tremendous whack.
  • In war as in life, it is often necessary when some cherished scheme has failed, to take up the best alternative open, and if so, it is folly not to work for it with all your might.
  • It is no use saying, 'We are doing our best.' You have got to succeed in doing what is necessary.
  • Moral of the Work. In war: resolution. In defeat: defiance. In victory: magnanimity. In peace: goodwill.
  • Never in the field of human conflict was so much owed by so many to so few.
  • Never, never, never give up.
  • No folly is more costly than the folly of intolerant idealism.
  • One ought never to turn one's back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half. Never run away from anything. Never!
  • Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.
  • Success is not final, failure is not fatal: it is the courage to continue that counts.
  • The first quality that is needed is audacity.
  • The nose of the bulldog has been slanted backwards so that he can breathe without letting go.
  • The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.
  • There is no such thing as public opinion. There is only published opinion.
  • These are not dark days: these are great days - the greatest days our country has ever lived.
  • They are decided only to be undecided, resolved to be irresolute, adamant for drift, solid for fluidity, all-powerful to be impotent.
  • True genius resides in the capacity for evaluation of uncertain, hazardous, and conflicting information.
  • Victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory, there is no survival.
  • War is a game that is played with a smile. If you can't smile, grin. If you can't grin, keep out of the way till you can.
  • War is mainly a catalogue of blunders.
  • We shall defend our island, whatever the cost may be, we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender.
  • We shall draw from the heart of suffering itself the means of inspiration and survival.
  • When the eagles are silent the parrots begin to jabber.
  • When you are winning a war almost everything that happens can be claimed to be right and wise.
  • You have enemies? Good. That means you've stood up for something, sometime in your life.

Ronald Reagan Quotes

  • "The trouble with our liberal friends is not that they're ignorant: It's just that they know so much that isn't so."
  • Above all, we must realize that no arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today's world do not have.
  • All the waste in a year from a nuclear power plant can be stored under a desk.
  • Approximately 80% of our air pollution stems from hydrocarbons released by vegetation, so let's not go overboard in setting and enforcing tough emission standards from man-made sources
  • Come here to this gate! Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall!
  • Concentrated power has always been the enemy of liberty.
  • Double, no triple, our troubles and we'd still be better off than any other people on earth. It is time that we recognized that ours was, in truth, a noble cause.
  • Facts are stupid things.
  • Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.
  • Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.
  • Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.
  • Governments tend not to solve problems, only to rearrange them.
  • History teaches that war begins when governments believe the price of aggression is cheap.
  • How can a president not be an actor?
  • How do you tell a communist? Well, it's someone who reads Marx and Lenin. And how do you tell an anti-Communist? It's someone who understands Marx and Lenin.
  • I have wondered at times what the Ten Commandments would have looked like if Moses had run them through the US Congress.
  • I will stand on, and continue to use, the figures I have used, because I believe they are correct. Now, I'm not going to deny that you don't now and then slip up on something; no one bats a thousand.
  • In Israel, free men and women are every day demonstrating the power of courage and faith. Back in 1948 when Israel was founded, pundits claimed the new country could never survive. Today, no one questions that. Israel is a land of stability and democracy in a region of tryanny and unrest.
  • Let us ask ourselves; "What kind of people do we think we are?".
  • Man is not free unless government is limited.
  • My philosophy of life is that if we make up our mind what we are going to make of our lives, then work hard toward that goal, we never lose - somehow we win out.
  • No mother would ever willingly sacrifice her sons for territorial gain, for economic advantage, for ideology.
  • Of the four wars in my lifetime, none came about because the U.S. was too strong.
  • Our forbearance should never be misunderstood. Our reluctance for conflict should not be misjudged as a failure of will. When action is required to preserve our national security, we will act.
  • Protecting the rights of even the least individual among us is basically the only excuse the government has for even existing.
  • Some people wonder all their lives if they've made a difference. The Marines don't have that problem.
  • The ultimate determinant in the struggle now going on for the world will not be bombs and rockets but a test of wills and ideas - a trial of spiritual resolve: the values we hold, the beliefs we cherish and the ideals to which we are dedicated.
  • The United Sates has much to offer the third world war.
  • There are no easy answers' but there are simple answers. We must have the courage to do what we know is morally right.
  • To paraphrase Winston Churchill, I did not take the oath I have just taken with the intention of presiding over the dissolution of the world's strongest economy.
  • Today we did what we had to do. They counted on America to be passive. They counted wrong.
  • We are never defeated unless we give up on God.
  • We have the duty to protect the life of an unborn child.
  • We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
  • We will always remember. We will always be proud. We will always be prepared, so we will always be free.
  • Within the covers of the Bible are the answers for all the problems men face.
  • You know, if I listened to Michael Dukakis long enough, I would be convinced we're in an economic downturn and people are homeless and going without food and medical attention and that we've got to do something about the unemployed.

Eleanor Roosevelt Quotes

  • No one can make you feel inferior without your consent

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