MBVD: law

Showing posts with label law. Show all posts

Friday, August 26, 2011

Inside the Islamophobia Network

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.

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/

Relevant ayat & ahadith:

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SOLDIER"S ANGELS NEEDS YOUR HELP!

The Veterans Hospital in Tucson needs our help!!! They have contacted Soldiers' Angels with a list of needs for their patients. Soldiers Angels needs your help in making some of these come true.

Below you will find just a small portion of needs that are immediate. You can also find this list posted on the Soldiers Angels Forum at www.soldiersangelsforum.com you will be able to find lots of great information there for our deployed and vets.

If you are sending a monetary donation please follow the link and indicate the State you are in.

Donate here;
Ttp://soldiersangels.org/index.php?page=veterans-support

COMFORT ITEMS- $350/MO
Dry Skin Cream
Slipper Socks-No skid
Catheter bag covers
Shaving Cream
Hand Lotion
Baby Shampoo
Hand Soap
Roll on/Spray Deodorant
Denture Cleaner
Underwear (men and women (all sizes)
Toothbrushes
Denture Grip
Socks (white)
Talcum Powder
Nail Clippers
Toothpaste
Ladies hand and body lotion
Backpacks
Disposable Razors
Comb/Brushes
Shawls
Shaving Cream/small
Knitted Caps
Travel Alarm Clocks
Ball Caps
Tote Bags
Shower Shoes
Pocket Size Needle and Thread Kit
Heart pillows for cardiac patients
Lap Robes (3x5 or 5x7)

GUEST SERVICES
30 cup coffee makers
Coffee supplies (reg. & decaf)
Music CDs
Stamps
Writing Paper and Envelopes
Prepaid Phone Cards for patients’

RECREATION
Puzzle books
Crossword Puzzles
Pencils
Video tapes & DVDs (movies, educational)
DVD Player

Sports equipment (basketball, tennis rackets &
Tickets for entertainment & sporting events
Balls, badminton set, Frisbees, football)

If you can send just one item that would be great!!! If each person sends one thing we will make a difference! They are also needing those who can volunteer time at the hospital just contact the Voluntary Services Dept. For information.

Mail Items to:

Department of Veterans Affairs Southern Arizona VA Health Care System – Voluntary Services 9-135, 3601 S. Sixth Avenue, Tucson, AZ 85723

PLEASE HELP US HELP THOSE WHO FOUGHT FOR OUR FREEDOM!

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.