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Tag: shariah

  • Negative Connotations Surrounding Shariah Must be Dispelled

    In November 2010, Oklahoma voters approved an amendment to the state constitution expressly prohibiting Oklahoma state judges from considering international law or Sharia in their decisions. Munir Awad filed a complaint against the Oklahoma State Board of Elections challenging this, alleging that the anti-Sharia amendment to the Oklahoma Constitution, if certified, would violate the Establishment and Free Exercise Clauses of the First Amendment of the US Constitution. More specifically, Awad alleged that the amendment targets his religion for negative treatment and creates excessive state entanglement with religion. Stigmatizing him and other Muslims, Awad proffered, the amendment would inhibit the practice of his religion and would prevent a court from probating his Sharia-compliant last will and testament. The US District Court for the Western District of Oklahoma agreed with Awad, issuing a preliminary injunction against the certification of the amendment pending the litigant’s claims being adjudicated on the merits.

    Last month, in Awad v. Ziriax, the US Court of Appeals for the Tenth Circuit affirmed the district court’s preliminary injunction but utilized a different constitutional scrutiny standard. The district court had evaluated the plaintiff’s claims under the Lemon v. Kurtzman guidelines. Lemon provides that the scrutinized legislation must have a secular purpose that primarily does not inhibit or advance religion and does not foster excessive government entanglement with religion. The Tenth Circuit reached the same conclusion but evaluated the plaintiff’s claims under the more stringent standard enunciated in Larson v. Valente. Larson held that the three prong test from Lemon was appropriate in cases where religion benefited at the expense of non-religious citizens. However, when one religion is preferred over another, a strict scrutiny evaluation is required (i.e., a legislation that discriminates among religions is valid only if it is “closely fitted to the furtherance of any compelling interest”).

    The Tenth Circuit, in its ruling on Awad v. Ziriax, held that Oklahoma’s “one sentence” stating that “Oklahoma certainly has a compelling interest in determining what law is applied in Oklahoma courts” failed to “identify any actual problem the challenged amendment seeks to solve.” Without “any concrete problem, any harm Appellants seek to remedy with the proposed amendment is speculative at best and cannot support a compelling interest.”  Without a compelling interest, the Tenth Circuit concluded it was not necessary to proceed to the “closely fitted” prong of the strict scrutiny test. The Oklahoma amendment was deemed unconstitutional. Be that as it may, the Tenth Circuit made several interesting observations about the closely fitted prong. “Even if the state could identify and support a reason to single out and restrict Sharia law,” the Tenth Circuit hypothecated, the amendment is not “closely fitted” as its “complete ban of Sharia law is hardly an exercise of narrow tailoring.”

    The anti-Sharia movement seeking to legislate its political agenda is directly at odds with a basic principle laid out by the Supreme Court in Larson v. Valente: “the clearest command of the Establishment Clause” that mandates “governmental neutrality between religion and religion … The State may not adopt programs or practices … which aid or oppose any religion … This prohibition is absolute.”

    So, what is Sharia after all? After briefly describing Sharia, I will use several examples to illustrate the role of Sharia or any religious and/or foreign law for that matter, in a US court.

    Sharia is more than simply “law” in the prescriptive sense; it is also the methodology through which a jurist engages the foundational religious texts (Qur’an and Sunnah) to search for an understanding of, and compliance with, divine will. As a jurist-made law, the outcome of this process of ascertaining divine will is called fiqh (positive law), which is the moral and legal anchor of a Muslim’s total existence. Everything from the way Muslims eat, to how they treat animals and protect the environment, how they conduct commercial trade, solemnize their marriage, or distribute their estate at death — all is governed by Sharia, dictating every aspect of an observant Muslim’s practical and moral life. Therefore, Sharia is extremely personal to the majority of Muslims regardless of their level of religiosity.

    Of course, this type of relationship with religion applies to most devout Christians, Jews, Hindus, and others, for religious principles and laws are very personal to all religious Americans. Whether it is Jews submitting to the jurisdiction of Rabbinic courts, Christians submitting to Christian Conciliation tribunals, or US political activists advocating a religious position on abortion, capital punishment, sex education, same-sex marriage and many other issues, religion and religious law have been alive and thriving in the US since its founding. Of course, the role of religious law or religious principles in the US court system continues to be subject to public policy and constitutional constraints. In the end, however, the US Constitution is the law of the land.

    The modern manifestations of Sharia are either a source of legislation or actual nation-state law in the majority of Muslim countries. Sharia is the supreme law of the land in Saudi Arabia. Islamic law is a primary source of the family law codes of Egypt, Jordan, the United Arab Emirates, Qatar and many other Muslim countries, and Sharia is the gap filler in almost all of the civil codes of Muslim countries.

    The globalization of domiciles, marriages, divorces, corporations and commercial transactions requires US courts to regularly interpret and apply foreign law — including Islamic law — to everything from the recognition of foreign divorces and custody decrees, the validity of marriages, the enforcement of money judgments or the damage elements in commercial disputes or negligence matters.

    Sharia is relevant in a US court either as a foreign law or as a source of information to understand the expectations of the parties in a dispute. As an attorney, consultant or expert witness I have handled more than 100 matters involving a component of Sharia or the laws of the Middle East. I will use several examples to explain the actual role Sharia or the laws of the Middle East play in litigation in the US.

    Case #1: A, a New York resident, married B, a UK resident, in a European country. Their marriage was solemnized by a Muslim clergy. The parties live in both countries. They have one child together. B files for divorce in England. A counters, alleging that their marriage was not legal. Which jurisdiction governs the validity of the marriage and the place of the marriage, UK law or New York law? If New York law governs, the marriage would be valid as long as the marriage was valid under Sharia.

    Case #2: A, an employee of a US corporation negligently caused the death of B in a country utilizing Sharia. The estate of B institutes an action against A in the US. Based on US conflicts of law, the law where the tort occurred would govern the dispute. The court would require expert testimony regarding the tort law of the country using Sharia, which would include issues relating to Sharia.

    Case #3: A, a Saudi company, enters into a joint venture agreement with B, a US company. Their joint venture agreement provides that Saudi law would govern any disputes. A sues B in state court. State court applies Saudi law to the dispute. Saudi law is based on Sharia law. The primary issue of the dispute is then whether Sharia law provides for consequential damages.

    Case #4: A and B are married. They have lived in New York for the past twenty years. A and B are originally from Jordan. While A and B are visiting Jordan, A divorces B. Upon return, A seeks to enforce the Jordanian divorce. The court must determine whether the Jordanian divorce should be recognized. In this circumstance, the state judge must determine whether the Jordanian divorce violated American public policy. As the wife was not a resident of Jordan, did not participate in the Jordanian proceeding, and since the majority of the marital assets are in New York, the court is more than likely to hold that the Jordanian divorce violates New York public policy.

    The above examples illustrate Sharia as a foreign law. Sharia, then, is extremely relevant for US judges adjudicating matters within the strictures of our law. Of course, the US judge is applying US conflicts of law to determine the applicable law. In other words, even though the judge is applying a foreign law to the dispute, it is US law that dictates that he apply the foreign law.

    Below are two examples of how Sharia is relevant to a US judge, not as a foreign law but as a source of information to understand the surrounding circumstances to an agreement or dispute or to clarify an ambiguity or correct a mistake.

    Example #1: A, a New Jersey resident, married B, also a New Jersey resident. Both are Muslim. They had a Muslim Imam solemnize their marriage, which included execution of a Muslim marriage contract. Their Muslim marriage contract had a provision called Mahr, which directs the husband to pay the wife the sum of $20,000 in the event of divorce. The wife, A, filed for divorce in the New Jersey Superior Court, seeking the enforcement of the $20,000 payment. The court heard testimony about Muslim marriages, marriage contracts, the meaning of Mahr and related information surrounding the execution of the marriage contract. The judge then considers this information to better understand the expectations of the parties at the time of the marriage and applies New Jersey contract law. The judge enforces the Muslim marriage contract finding it satisfied all of the elements of New Jersey contract law.

    Example #2: In a similar case B, the groom, at the wedding ceremony, for the first time, is asked to sign the marriage contract with the $20,000 stipulation. Embarrassed and pressured before 300 guests, the groom signed the document. In addition, the document was in Arabic, and he did not read or write Arabic. Several years later, the wife filed for divorce and asked for the $20,000. The New Jersey judge finds that there was no meeting of the minds because of the circumstances surrounding the execution of the document. In other words, the marriage contract between these parties did not satisfy all of the elements of a valid contract under New Jersey law.

    In sum, most legal experts would agree with the Tenth Circuit’s conclusions in Awad v. Ziriax. Why then is there paranoia around the country? Why are warnings that Sharia threatens the constitutional system still raging and picking up steam? Almost every Republican presidential candidate has affirmed his opposition to the imaginary threat of Sharia. For attorneys and legal experts, the above examples are very simple and first-year law school material. These nuances, unique facts, and legal subtleties are absent from the discussion about Sharia in America. Their absence is not an innocent omission. It is intentional in order to fuel the misinformation and distortion about Islam and Muslims.

    As attorneys, we have an obligation to correct the misunderstanding about the role of any foreign law in our system. It is always subject to the limits of the Constitution. That is the law of the land. The politicization of this issue is undermining the integrity of our judicial system and constitutional protections. US judges are equipped with the necessary legal tools to evaluate the legal and factual issues before them without the requirement of bright line rules, especially those that originate out of misinformation, distortion and outright discrimination.

  • What is Shariah for, and What Does it Aim to Do?

    The law plays a central role in Islam and yet the law is also the least understood aspect of the Islamic faith by Muslims and non-Muslims alike. Some even go as far as thinking that a Muslim who believes in Sharia law is by definition a fanatic or fundamentalist. Yet to accuse every Muslim who believes in Islamic law of fanaticism is akin to accusing every Jew who believes in Rabbinic or Talmudic law to be a fanatic as well. The truth is that so much hinges on the particular conception that one has of Islamic law and the interpretation that one follows.

    Islamic law is derived from two distinct sources: the Quran and the traditions of the Prophet (known as the Hadith and Sunnah). Traditions purporting to quote the Prophet verbatim are known as Hadith. The Sunnah, however, is a broader term; it refers to the Hadith as well as to narratives purporting to describe the conduct of the Prophet and his companions in a variety of settings and contexts.

    In Islam, the Quran occupies a unique and singular status as the literal word of God transmitted by the Angel Gabriel to the Prophet Muhammad. The Prophet Muhammad did nothing more than communicate word for word God’s revelation and Muslims preserved the text and transmitted it in its original form and language to subsequent generations. Muslims believe that God warranted and promised to guard the text of the Quran from any possible alterations, revisions, deletions, or redactions, and therefore, while Muslims may disagree about the meaning and import of the revelation, there is a broad consensus among Muslims on the integrity of the text. At times the Quran addresses itself to the Prophet, specifically, but on other occasions the Quran speaks to all Muslims or to humanity at large. In different contexts, the Quran will address Jews or Christians or the polytheists. After the Quran, most Muslims consider the Sunnah of the Prophet as the second most authoritative source of Islam. Although the Quran and Sunnah are considered the two primary sources of Islamic theology and law, there are material differences between them.

    The Quran is primarily concerned with ethics and morality; the Sunnah, however, contains everything ranging from enunciations of moral principles, to detailed prescriptions on various matters of personal and social conduct, to parables and historical narratives. Not all of the Sunnah can easily translate into a set of straightforward normative commands, and therefore, Muslim jurists argued that parts of the Sunnah are intended as legislative and binding, while other parts are simply descriptive and for the most part, not binding. Most importantly, the huge body of literature that embodies the Sunnah is complex and generally inaccessible to the lay person. In order to systematically and comprehensively analyze what the Sunnah, as a whole, has to say on a particular topic requires a considerable amount of technical knowledge and training. In part, this is due to the fact that the Sunnah literature reflects a rather wide array of conflicting and competing ideological orientations and outlooks that exist in tension with each other. Selective and non-systematic approaches to the Sunnah produce determinations that are extremely imbalanced and that are highly skewed in favor of a particular ideological orientation or another. And yet, such selective and imbalanced treatments of the Sunnah are commonplace in the contemporary Muslim world. Nevertheless, it is important to note that many of the basic rituals of Islam were derived from the Sunnah traditions. In addition, the Sunnah helps in contextualizing the Quranic revelation, and also in understanding the historical framework and role of the Islamic message. Consequently, it is not possible to simply ignore this formidable oral tradition, or focus exclusively on the Quran, without doing serious damage to the structure of the Islamic religion as a whole.

    When the Quran and Sunnah are considered together, they tell a complex story. They can be a source of profound intellectual and moral guidance and empowerment. However the opposite is also true if approached with inadequate intellectual and moral commitments which could contribute to a process of ethical and intellectual stagnation, if not deterioration. For instance, the Sunnah contains a large number of traditions that could be understood as very empowering to women, but it also contains an equally large number of traditions that could be understood as disfranchising or restraining of women. To engage the Sunnah on this subject, analyze it systematically, interpret it consistently with the Quran, and to read it in such a fashion that would promote, and not undermine, the ethical objectives of Islam calls for a well-informed and balanced intellectual and moral outlook.

    Other than the Quran and the traditions of the Prophet, there were various methodologies used by jurists for producing legal rulings. Jurists used rule by analogy and principles such as equity and public interest in order to make the law responsive to changing circumstances and conditions. Importantly, what is called Islamic law is not contained in a single or few books. Islamic law is found in an enormous corpus of volumes that document the rulings and opinions of jurists over the span of many centuries. At one time, there were 130 schools of legal thought in the Islamic civilization but most of them became extinct for a variety of reasons. On any point of law, one will find many conflicting opinions about what the law of God requires or mandates. The Islamic legal tradition is expressed in works that deal with jurisprudential theory and legal maxims, legal opinions (fatawa), adjudications in actual cases, and encyclopedic volumes that note down the positive rulings of law (ahkam).

    Islamic law covers a broad array of topics ranging from ritual practice to criminal law, personal status and family law, commercial and transactional law, international law, and constitutional law.

    The question is: How does this substantial body of jurisprudence relate to Divinity or to God’s law? In what way can this tradition of juristic disputations, judgments, and opinions claim to be sacred or Divine law? These questions bring us to a crucial distinction that is central to the very logic of Islamic law. What is customarily referred to as Islamic law is actually separated into two distinct categories: Sharia and fiqh. Sharia is the eternal, immutable, and unchanging law, or Way of truth and justice. In essence, Sharia is the ideal law as it exists in the Divine realm. Thus human beings must strive and struggle to comprehend and apply Sharia law to the best of their abilities. In contrast, fiqh is the human law — it is the human attempt to reach and fulfill the eternal law as it exists according to the Will of God. Fiqh, unlike Sharia, is not eternal, immutable, or unchanging. By definition, fiqh is human and, therefore, subject to error, alterable, and contingent.

    The moral and ethical objectives of the Quran play a central and pivotal role in the process of legal analysis. The point of the legal analysis is not to unthinkingly and blindly implement a set of technical rules, but to seek after the ultimate objectives of the Quran. All Quranic laws reinforce and promote moral and ethical objectives, such as racial and ethnic equality, freedom from compulsion in the conduct of human affairs, freedom of conscience, or the right of women to own property, and it is the duty of Muslims to apply themselves intellectually in order to comprehend and fulfill these objectives. These moral objectives are related to the obligation to seek Godliness in oneself and in society. Some of the specific rulings of the Quran came in response to particular problems that confronted the Muslim community at the time of the Prophet. These particular rulings are contingent on specific historical circumstances that might or might not exist in the modern age. At the time these rulings were revealed, they were intended to achieve particular moral objectives such as justice, equity, equality, mercy, compassion, benevolence, and so on. Therefore, it is imperative that Muslims study the moral objectives of the Quran, and treat the specific rulings as demonstrative examples of how Muslims should attempt to realize and achieve the Quranic morality in their lives.

    At the most basic and fundamental level, we can ask: What is Sharia for and what does it aim to do? What are the ultimate objectives of the Sharia? Historically, legal schools of thought disagreed on many issues, but they agreed on the response to these questions. According to all the jurisprudential schools the purpose of the Sharia is to serve the best interests of human beings (tahqiq masalih al-ibad). Put differently, the objective of the law is not to put forward rules that humans are commanded to follow — as formalities decreed for their own sake or dissociated from their effects — but to achieve the ultimate moral and ethical objectives that represent the essence of Godliness on this earth.

  • What is Shariah and Why Does it Matter?

    In the past year or so, one of the hottest topics in America is Shari’ah. There are those who spend tremendous amounts of human and financial resources to create the fear that Shari’ah is about to cause “destruction of the national existence of the United States,”  a force for  “destroying Western civilization from within…”  The fear of the man in the street about Shari’ah is understandable when politicians talk glibly about Shari’ah as “an infiltration … into all of our operating systems in our country as well as across Western civilization.” And now the presidential hopefuls make Shari’ah one of their top campaign issues. Gingrich, in a speech to the American Enterprise Institute in Washington, said Shari’ah is “a mortal threat to the survival of freedom in the United States and in the world as we know it.”

    As a result of this propaganda and fear-mongering, many Americans are led to believe that American Muslims should not be trusted and that Islam does not belong in America. Shari’ah has become an ominous term and currently as many as two-dozen states have passed or proposed legislation to prohibit the application of Shari’ah. Those various laws aim to make talking openly about Shari’ah unlawful. Making wudhu (ablution) or offering salat (prayer) in a public place could result in being fined or jailed. This Islamophobic campaign raises serious questions and concerns that Muslims simply cannot ignore.

    First, those who wave the red flag about “creeping shari’ah” know, or should know, that the Supremacy Clause of the U.S. Constitution establishes that the Constitution and all laws and treaties made pursuant to the Constitution shall be “the supreme law of the land.” Secondly, there are two clauses, referred to as the “religion clauses” in the First Amendment. The Establishment Clause states, “Congress shall make no law respecting an establishment of religion…” And the Free Exercise Clause adds,  “… or prohibiting the free exercise [of religion] thereof…”  According to these two clauses, Congress cannot establish a national religion and the government cannot act in any way which gives preference to one religion over another.

    Those who propagate the nonsense that shari’ah is infiltrating all the operating systems in the U.S., are concerned, as is writer James Zumwalt, a retired Marine infantry office who now heads a security firm, that, “…our Constitution is under serious attack from a foreign body of law that seeks to erode its very foundation.” Yet they seem unconcerned with a very real danger: that state legislation which they promote — banning Shari’ah and the Islamic practices which are part and parcel of it — is in effect prohibiting the free exercise of religion. That is, without debate, an erosion of Constitutional rights and guarantees.

    Many who fan the flames of fear and suspicion about Islam and Muslims forward the idea that Islam is a cult. As Muslims, we believe that Islam, surrender to God Almighty, is as old as humanity and it culminated 1400 years ago in the advent of Muhammad, peace be upon him. Allah SWT says in the Qur’an, “He (Allah) has ordained for you the same religion (Islam) which He ordained for Noah, and that which We have inspired in you (O Muhammad), and that which We ordained for Abraham, Moses, and Jesus, namely that you should establish religion and make no divisions in it. Intolerable for the disbelievers is that to which you (O Muhammad) call them. Allah chooses for Himself whom He wills, and guides unto Himself he who turns to Him in repentance and in obedience” (Qur’an 42:13).

    Calling Islam a cult brings to mind associations of fanaticism and strangeness. Yet, today almost one out of five people, or 20% of the world population, belong to the Islamic faith. Describing Islam as a cult also suggests a rejecting of mainstream America and its tenets of citizenship.  Muslims, however, have been living in the U.S. for decades as law-abiding citizens. If any Muslim American claims that he is not obligated to follow the U.S. Constitution, he is exposing his ignorance of Islam. Muslim scholars view citizenship as a covenant between the citizen and the state in which he resides. According to this view, the covenant guarantees the citizen’s security in the state and he or she, in turn, is obliged to obey the laws of the land. The Qur’an commands Muslims with regard to covenants: “And fulfill every covenant. Verily, you will be held accountable with regard to the covenants” (Qur’an, 17:34). Sheikh Salman al-Oudah, a Saudi scholar has written, “[Islamic] scholars have stated that those who enter non-Muslim countries have to adhere to their respective laws and regulations even if they entered those countries illegally; and they have no excuse for breaking those laws, since they were entrusted to abide by those laws upon entry into those countries…As long as [a Muslim] agrees to live in a non-Muslim country, he is never to rebel against the people living in his choice of residence, even it seems too hard for him to endure.”

    Shari’ah is often equated by Islamophobes with the stoning of adulterers or cutting off the hands of thieves. But Shari’ah is the total and comprehensive system of deen (religion, way of life) with all the beliefs, rituals, and practices that relate to human existence; the fixed punishments are but one integral part of this system. In fact, of the 6,236 verses in the Qur’an, only 10 verses relate to the hudud punishments. These punishments are to be applied only after a genuine Islamic society has been established, one founded on Islamic principles so that the practice of religion and spirituality can flourish; so that the social, economic, and political environment is conducive to and protective of ethics and morals; and in which the survival needs of all citizens have been procured so that, for example, stealing out of necessity is no longer a motive for theft. There are many conditions stipulated for the application of a hudud punishment so as to avoid a strictly literalist applying of such punishments without regard to conditions and contexts and mitigating circumstances.

    A prime example that demonstrates the suspension of hudud punishment in order to abide by the dictum of absolute justice is the time that the caliph Umar put a moratorium on the punishment for theft as there was a famine in the land. Another important point is that the fixed punishment is the last action in a process of seeking the best application of justice. In 2011 Sheikh Yusuf Al-Qaradawi was interviewed about the hudud on Al-Jazeera and mentioned an agreed-upon rule of fiqh — let doubt suspend hudud. Illustrating the caution with which a hudud punishment is to be applied is the hadith related by Hakim and As-Suyuti, “Refrain from enforcing hudud on Muslims as much as you can. If you find a way out for a Muslim, let him (or her) go, as it is better for the imam (ruler) to wrongly forgive than to wrongly punish.” Unfortunately, many of the punishments that are carried out in Muslim countries in the name of Shari’ah are in fact violations of the Shari’ah itself.

    The word shari’ah as used in the Qur’an holds the meaning of a straight way or a path: “Then We put you on the (straight) Way of Religion: so follow that (Way) and follow not the desires of those who know not” (Qur’an 45:18). The root meaning of shari’ah is a watering place or a path to a watering place. Allah SWT alone is the source of truth and the only One who determines it as He alone has created the entire creation and the only One who knows its secrets. We as human beings may exercise our intellects to their fullest capacity, but without His Guidance, we will overlook and misunderstand much, as we are very limited by our human and individual capacities as well as by the conditions of our environment.  On the other hand, Allah SWT transcends time and space has the ultimate knowledge of all things.  He says in the Qur’an, “Does He who created not know while He is the Subtle, the Acquainted?” (Qur’an 67:14). The truth has been communicated to us through His prophets and messengers and through revealed Scriptures: “Then We revealed the Book to you (O Muhammad!) with Truth, confirming the Book that was revealed before, and protecting and guarding over it. Judge, then, in the affairs of men in accordance with the Law that Allah has revealed, and do not follow their desires in disregard of the Truth which has come to you. For each of you We have appointed a Shari’ah and a way of life” (Qur’an 5:48).

    So each nation has had prescribed for them a shari’ah, as Qatadah (RAA) has said, “The Taurah has its Shari’ah, the Injil has its Shari’ah and The Quran has its Shari’ah. Allah SWT makes whatever He wishes lawful and whatever He wishes unlawful as a test to see to obeys from the one who disobeys but the core of belief is one: Tawheed; the Oneness of Allah SWT.”

    Shari’ah, therefore, can be defined as the totality of all the guidance and directives that Allah SWT has  presented to humanity in the Qur’an or taught by the Messenger (peace be upon him)  through his sayings and actions.  The Shari’ah thus includes beliefs, ibadah (worship) injunctions, enumeration of traits of good character as well as those of sin and evil, and codifications relating to human interactions including inheritance, contracts, witnesses, marriage and divorce, food and drink, clothing, crime and punishment, banking and business dealings, and much more. Frank Griffel, professor of Islamic Studies at Yale, points out that Shari’ah goes beyond what most Americans would consider “legal discourse, for it extends to matters concerning proprieties of clothing, conduct between spouses, filial piety, behavior at funerals, and other questions that Westerners would treat not as legal, but as moral issues or mere etiquette.” Put simply, “all normative discussions within Islam” center around Shari’ah

    Just as water is vital to sustain biological life, Shari‘ah is vital to sustain the human soul. It is the path that leads to the source of optimal nourishment — of human energy and spiritual life. Shari’ah is the straight path by which we aim for nearness to Allah SWT. It is the system of ethical, legal, social, and spiritual proprieties that Allah has provided so that human beings can live together in peace and honor their obligations to God, to society, and to each other. Shari’ah is also the inspiration by which we can end our silence and answer in the best ways those who promote hate, intolerance, or discrimination.

    “Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knows best who have strayed from His Path, and who receive guidance.“ (Qur’an 16:125).

  • Caricature and Hysteria Over Shariah Must End

    Caricature and Hysteria Over Shariah Must End

    An organized minority can act and appear like a majority. This is part of our high school civics   knowledge. One of our founding fathers—Benjamin Franklin—also reminded us about it. That only a few individuals can mislead and literally fool the entire nation by manufacturing a threat—one which has no credible basis whatsoever—is nonetheless surprising; yet most people in our society don’t seem to be aware of this manipulative exercise, unfortunately. The recent hysteria over shariah in America is the case in point.

    Muslims constitute less than two per cent of the U.S. population. Among them, the number of practicing Muslims is even much less. But what we are being told day and night is that “sharia is taking over America.” The absurdity of this accusation is evidently clear: in order for shariah to become law of the land, majority people would have to support this.Then we must ask: who is behind the “No Shariah” campaign and what is the motive? The New York Times reports: “It is the product of an orchestrated drive that began five years ago in Crown Heights, Brooklyn, in the office of a little-known lawyer, David Yerushalmi, a 56-year-old Hasidic Jew with a history of controversial statements about race, immigration and Islam. Despite his lack of formal training in Islamic law, Mr. Yerushalmi has come to exercise a striking influence over American public discourse about sharia.” (Andrea Elliott, “The Man Behind the Anti-Shariah Movement”, NYT, July 31, 2011) Michael Collins Piper of American Free Press also writes: “Working with a cadre of conservative public-policy institutes and former military and intelligence officials, Mr.Yerushalmi has written privately financed reports, filed lawsuits against the government and drafted the model legislation that recently swept through the country—all with the effect of casting shariah as one of the greatest threats to American freedom since the Cold War.”

    Fear Inc., The Roots of the Islamophobia Network in America, another important study on the subject reveals that the “No Shariah” campaign is basically comprised of five interlocking elements. The first is the funding source: only seven contributors have given nearly $43 million to anti-Muslim organizations and think tanks in the past decade. The second constituent part is played by five Islam-bashing scholars and policy experts and their organizations. The third element in the anti-shariah campaign is the religious right, and the fourth is comprised of the media enablers. The fifth component involves political players like Michele Bachmann, Herman Cain, Newt Gingrich, and their ilk.

    What do these people say about shariah? Anti-shariah campaigners suggest that the shariah law will replace the American constitution and American laws; that Muslims are using stealthy techniques and agendas with the express aim of “destroying Western civilization from within”; that shariah oppresses women and institutes harsh penal laws. The proponents of “No sharia” campaign are imploring the legislators both at the state and federal level, as well as the presidential candidates, “to protect the constitution by repudiating shariah law.”

    The fact, however, is that shariah, historically, has been considered and made use of when relevant or suitable in American courts, in exactly the same way as other religious and foreign laws have been applied, with the same objective of serving the cause of justice for litigants from a particular religious or foreign background or community, and yet, wholly consistent with the law of the land. As professor Abed Awad has rightly mentioned: “Shariah is protected by the 1st Amendement and any attempt to restrict it is unconstitutional… As long as a provision in Jewish law, canon law or shariah does not offend our constitutional protections and public policy, courts will consider it.” In fact, a federal court has recently held that a ban on shariah would likely violate the Supremacy Clause of the Constitution and the First Amendment.

    Since confusions and misgivings about shariah abound, a few notes on the concept and contents of shariah would be of help. Shariah literally means way or path–Muslims apply the shariah in their lives every day when they pray, fast or carry out their religious obligations. Shariah is not just a set of punishments. It is comprehensive code of conduct that guides Muslim beliefs and practices. The interpretation of Shariah is considered to be valid so long as it protects and advocates for life, property, family, faith, and intellect.  Ibn Qayyim al-Jawziyyah, one of Islam’s leading scholars, said, “Shariah in its entirety is justice, mercy and wisdom. Any rule which transforms justice to tyranny, mercy to its opposite, the good to the evil, and wisdom to triviality does not belong to the Shariah.”

    Abraham Foxman, National Director of the Anti-Defamation League (ADL) rightly says “concerns about a ‘creeping Sharia law’ are the stuff of pure paranoia.” He also says that these are the results of “pernicious conspiracy theories.” Indeed, the main purpose behind the anti-shariah campaign is to generate Islamophobia and the perception that Islam and Muslims shouldn’t be part of the American society.

    Islamic Circle of North America (ICNA) therefore has taken up the task of dispelling the myths about shariah and communicating the truth to the American public. To this end, ICNA has launched a year-long nation-wide campaign under the theme “Defending Religious Freedom — Understanding Shariah.” Our purpose is to present the facts through open dialogue. We sincerely believe that truth has its own power which, if presented accurately and faithfully, will prevail over falsehood. Our fellow Americans deserve to know the truth and we must not fail them.

  • How to be a Muslim in America?

    In a Q&A session with the Islamic Circle of North America (ICNA), Prof. Tariq Ramadan answered questions on how Muslims in a western society could proactively give back to their societies without sacrificing their Muslim faith and identity.

    Q: Having experienced the consequences of asserting Islamic identity by being banned to the US, how would you encourage American Muslims to assert their Muslim identity despite the challenges they may face?

    I would say that there’re many levels, and I really think that we have to be really cautious not to be assertive because we are resisting. We should be assertive because we want to be who we are and we know what Islam means for us.

    So the starting point is not because having been banned or because I’m facing many different attacks coming from westerners or from different circles in western societies.

    I think that our strength is mainly to come back to the fundamentals of the Islamic faith, and the tradition and ‘Aqida(creed), which is really this connection with God.

    I have one fear with Muslims living in the West and living in the States, for example. What I’m saying is two things; some are going very far into spirituality, and even Sufism, and “This is Islam”, and “This is the only way to be good Muslims”. On the other side, we have people very much against the system, struggling for rights and politics. And it is as if there’s a gap between the two.

    But to be a Muslim and to assert your identity is to be both at the same time, is to really know the very essence of Islam, which is to purify yourself and to come back to this closeness to Allah, to God, and to try to understand that at the end of the day all our life is a struggle for peace, and the most important peace is the inner peace.

    By saying this we come with values and understanding the oneness of God: At-Tawheed; is a reconciliation between you and Him (God) which means between you and yourself because the knowledge of God is between you and your heart:

    “… and know that Allah comes in between a man and his heart” (Al-Anfal 8; 24).

    This is one thing.

    Islam is visible through your actions and behavior, on the civil ground, on the social ground at both the individual level and the collective level

    For a Better World

    On the other side, we are doing all this to change the world for the better. And to change the world for the better means to change the United States of America for the better, is to be a contributing force to the best of values and justice, equality and empowerment, for Muslims.

    So, because I know the meaning of being at peace with God and to try to promote justice, that I’ve been struggling for my rights in this country by saying ‘what you are doing is wrong’, because at the end of the day nothing is wrong in me supporting Palestinians, for example, because I will keep on supporting them whatever is going to happen, because this is justice; because these are oppressed people, and this is what we have to do.

    So this mindset is important because you are not assertive against, (instead), you are assertive for: for your values, for some objectives: it’s more justice in the United States of America, it’s a democracy, but still not a perfect democracy. When you are an African American in this country you are still facing injustices. When you are poor, you are facing injustices. So the civil rights are an ongoing struggle in this country. It’s not because your president now is an African American president that everything is solved. That’s not true. It may be a symbol, but a symbol could hide the reality and not express it.

    So I would say this is where the Muslims should be, and that’s why they have to be assertive.

    Thus, by doing these two things that are very important to me; never to nurture a victim mentality. We are not victims. Life is a test:

    “He Who created Death and Life that He may try which of you is best in deed” (Al-Mulk 67; 2).

    Islam is visible through your actions and behavior, on the civil ground, on the social ground at both the individual level and the collective level

    So, life is a test. Your life and death are tests, so you have to face up to the challenges of these tests. You have to be the subject of your own history. So by being American; by being citizens in these countries it’s not to say ‘Oh, we are victims. You don’t like us, so we are going to withdraw, or to show you a nice face of spiritual things, for example. That’s not right. The nice face is there, but it should be visible through your acts and behavior within the society. Because in Islam, faith is visible through your actions and behavior, on the civil ground, on the social ground at both the individual level and the collective level. So this is one dimension; so no victim mentality.

    Stick to Your Values

    Another thing, which is quite important as it is also what I’m seeing in many western societies as exactly the same in the United States of America, is this mindset of being minority; ‘Oh we are minority in the society’.

    No, our values are majority values. So, as citizens we have to come and speak about justice, we will be understood by anyone as we do speak for justice for all, justice for every one; man and woman, black and white. Anything which has to do with justice we are for it, against, you know, torture, extraordinary rendition, wrong laws against immigrants …all these are our struggles.

    So, I would say here that we have to come with something which is a majority mindset, which is we are talking to the whole of the United States of America as a majority with our majority values, and this is where we have to be constructive.

    Q: Do you think there are ways for Muslims to be integrated into the society without just being assimilated?

    Once again, it’s always a question of terminology; what does it mean to be integrated?

    For me, it’s over. The religious and cultural integration is done. You, your organizations, all what you are doing is just showing that you are Americans, you have just to be accepting the fact that you are American Muslims or Muslim Americans. That’s not the problem. What I’m saying now, and I’m always repeating this, because you have always people who say ‘You Muslims have to integrate’. And by using the term they create the problem. And we have to do exactly the opposite, because the success of integration is to stop talking about integration. That’s over now.

    Let us talk about the real challenge which is contribution. It is what we have to do; we need to contribute. Our contribution to this society should be on many levels. And once again, not only on the social ground, but also on the spiritual ground; with ethics. Our distinction should me a moral ethical distinction, and not only distinction in the way we dress, because the way we dress is just showing what we believe in. These are values, we speak about dignity, we speak about the self. We are saying to the people your value is not in what you have, but your value is in what you are.

    So this is the way we dress. We are sending a message. So, I would say that this is something which is really important in our presence in the United States of America and in the western societies.

    So to let people know say ‘OK, look, if you want me to integrate by being lesser a Muslim and more an American, it’s over; you’ve lost the struggle.’ All the people who are now settling are willing to be both fully Muslim and fully American. And this is what we have to do.

    Our distinction should be a moral ethical distinction, and not only distinction in the way we dress

    But we also have to say to the Muslim ‘be careful. Don’t fall into the trap of this American dream that as you are settling down in the United States making money forgetting about values and principles.

    And if you look at the reality of the Muslim community in America we can say that there’s a gap between the new immigrants, the new American citizens outside the inner cities they are making money building big mosques, while in the inner cities we have African American Muslims very poor, marginalized in this society. And they are saying to this society you are telling us that we have to integrate? We are native Americans; we have been here for centuries.  It might be exactly the opposite, that the United States of America should integrate the Muslim presence, not Muslims to be integrated. This is something that we also have to tell the people.

    So, it’s also a very important intellectual struggle, an intellectual Jihad which is really to resist this use of wrong terminology used to create problems that are now solved already.

    Q: ICNA has multiple programs catering to the society at large, how important are these programs? Also, how do you think this would play into creating that Muslim identity?

    First, of course I’m supporting this because I really think this is what we have to do. I would start with a comprehensive picture is that for the Muslims not to be only visible when we speak about Islam. It’s when we speak about human beings we are here. This is what it is to be a Muslim. It’s really this. This is the essence of Islam.

    Be Proactive

    So when we speak about being Muslims in this country; in the States, it is really to be involved in all the discussions. We speak about schools we have to be involved in anything which has to do with education, not by saying ‘Oh, we are going to create our Islamic schools’.

    That’s fine. Do your Islamic schools, but what about the state system? What about the schools and the curriculum, what we are teaching?

    When we speak about social problems; marginalization, poverty in this country, this is supposedly the biggest and the richer country in the world. Despite that, if you go and see how people are living, you have poverty and things that are unacceptable. So we are speaking about human dignity. That’s what we have to be involved in; we have to be struggling against anything which has to do with poverty. In Mauritius, for example, we started a big campaign (a Jihad) against poverty because this is the right way of using Jihad-against poverty. Our enemy is not non-Muslims. Our enemy is anything which is wrong. So this is something that we have to do as well.

    When we speak about family, we Muslims are very quick to say family is very important. OK, but what is happening in the rich countries, about divorces and kids not knowing how to deal with authorities and transmission. What about fatherhood? We speak very much about women, and we are right to do that, but we also have to speak about fathers because it’s very difficult to be a father in western societies, all this question of being a presence of going along your own kids.

    Let people see you as an American- a Muslim American dealing with everything and not only with Islam.

    So, this is where the Muslims should be; everything that has to do with being a citizen or being a human being. So, this is a comprehensive approach. Let people see you as an American- a Muslim American dealing with everything and not only with Islam. Because if you come only when we speak about Islam on the domestic side or in the international scene, we are perceived by definition to be on the defensive; you come only when we speak about Islam. So, this is something that we have to do.

    The second point which is important is all the work that you are talking about; solidarity work and telling the people if you want to ask about Islam just come to us and we supporting the poor, the needy people. This is all fine, but it has to be part of something which is an overall vision. And the overall vision is when we speak about contributing we are not only talking about solidarity, it’s not only humanistic or humanitarian work. It’s also about rights, it’s dealing with rights. This is to be assertive. It’s, for example, very good to speak about democracy, but the way it is implemented is quite important. So when you are black man or black woman in this country, because you don’t have enough money sometimes, you are facing wrong implementation, it is discrimination on the job market, in housing. So this is also where we all have to be; is to assertive by saying ‘we are doing this for the sake of the country’.

    For the Sake of Humanity

    So, it’s not only to come with the big heart. It’s to come with a very demanding intellectual struggle on anything which has to do with our rights, our citizenship, our dignity. And then solidarity work should be involved into this. My fear here is really to see Muslims coming with all solidarity work during Ramadan and this solidarity thing. It’s all fine, but if we go behind it it’s as if we want to show the people that we are nice, that we are kind, that we care. That’s all good if and only if we are saying we have a heart and we have requirements as well; that we have claims, we want to be treated with dignity –and not only us but every single human being.

    The last dimension of all this work is also to be involved in things that are essential for our time. I don’t see enough Muslim contributions into something which has to do with global warming, with ecology, with the way we treat animals, for example. And that’s what we have to be self critical. In Eid-Al-Adha, for example, the way we treat the sheep, the way we are slaughtering, we have to ask ourselves: ‘is this the right way to do it?’

    Because we are very strict on the technicalities –as saying when slaughtering, “Bismillah, Allahu Akbar” (In the name of Allah, Allah is the Greatest). But on the way we treat animals, that’s wrong. That’s not the Prophet’s message. So to be self critical as the Prophet, peace be upon him, told us to treat animals with dignity.

    So we can’t send a message to the people that we are strict on technicalities and not deep on teachings. So, all these things are quite important. So, of course I would support what’s done, but I would want it to be within something which is a vision, with multiple, multi-faceted vision including all things altogether.

    Q: How do you envision the American Muslim community to be like ten years from now?

    Look, in my last book (What I believe) I’m saying it’s not a question of ten years, it’s going to be a question of two generations at least. We are going to face challenges and it’s not going to be easy. Because as you can see after 9/11 it has been more and more the case. Yet, before that it was already there. It is that we are perceived as the other; so an outsider within or an insider that is still perceived as a foreigner. And this is the very essence of the question; it is how we really deal with that.

    I would say that it is a question of time. That’s why I’m always saying that we have to normalize our presence without trivializing it. Meaning by this, it’s normal to be an American Muslim but we have an ethical distinction, and this is not to trivialize our presence. That’s what God say:

    ‘Thus, have We made of you an Ummah (nation) justly balanced, that you might be witnesses over the nations” (Al-Baqarah 2; 143).

    So, I think it’s not going to be easy, you are going to face in the States challenges and campaigns against this Muslim presence.

    Embrace the Challenge

    Listen to what is said by some trends in the States about what’s going in Europe, trends who are coming mainly from the States, saying: ‘Oh, in Europe we are now dealing with Arabia with Islam is silently colonizing Europe because of the numbers. And exponentially the fact that Muslims are going to grow and being a very effective presence. So they are sending a message which is this is very scary.

    At the same time in the States they are watching Muslims, and sometimes monitoring them. So, I would say to Muslims this is not going to be easy, but you have the choice, you will have what you deserve. If you are assertive, confident with your own values and you know that you are not coming here to be “the other”, but to be here is to be among the people as an American providing this society with the best values and the best behavior. This is where you have to be assertive.

    Your spirituality, your heart, yourself; don’t forget yourself into the society, and don’t forget the society because you care about your own self. So it’s always a balance. And then give. You are what you give, and you are what you are in the same time. This is the very meaning of being a Muslim: “those who believe and do good deeds.” (Al-Baqarah 2; 25). This is the balance.

    It’s not going to easy, you’ll have people if you are here to please them you’ll never be at peace with your own self, because life is not to please the people. Life is about His satisfaction, and you know that when you please God you will be respected by the people. This is the very meaning of being with God.

    And then the second thing which is also important is whatever are the critiques and the people rejecting you, at the end you’ll find that within this society many people are starting to listen. Many Americans know something is wrong in the whole discussion. So they are listening to Muslims, they are listening to us, they want to know who are these fellow citizens trying to be, quite vigilant with their own values. So, it is up to us to do the job; it is to just to stop putting ourselves into something like we are not liked in this country.

    If we respect ourselves we are going to be respected. It’s not going to be easy, it’s going to take time, effort, patience, perseverance and endurance, and this is life. And if we think about what happen for other Muslims in other situations and in time, they were facing much more than what we are facing. So, we still have the resources to do what we have to do Insha’Allah.

  • Shariah in the Presidential Race

    The Republican presidential candidates, with the exception of Ron Paul, have too often resorted to messages of fear to garner votes. Romney, Gingrich, and Santorum have all voiced concerns about the threat of “extremist Islam.” Gingrich has said, “Today Washington refuses to tell the truth about the war we are fighting. According to experts, we are at war with Radical Islamism — and it is a war we are losing.” During the Republican National Security Debate, Santorum said, “We are not fighting a war on terrorism, terrorism is a tactic. We are fighting a war against radical Islam.”  Mitt Romney warns that radical Muslims would “unite the world under a single jihadist Caliphate. To do that they must collapse freedom-loving nations. Like us.”

    The current hyper focus in at least 13 states on stopping the “creeping shariah” from infiltrating the American justice system, threatening national security, and taking away American freedoms is a smoke screen for the anti-Islamic demagoguery used by the candidates and many others participating in the public discourse

    The current hyper focus in at least 13 states on stopping the “creeping shariah” from infiltrating the American justice system, threatening national security, and taking away American freedoms is a smoke screen for the anti-Islamic demagoguery used by the candidates and many others participating in the public discourse. This article will show, insha’Allah, how Islamophobia and its campaign to ban shariah interconnects with the concept of American Exceptionalism and the supremacist foreign policy it begets.

    At the core of the “creeping shariah” hysteria is the mongering of fear. When directed through an appeal to people’s prejudices, promulgating danger is useful —it markedly gets people’s attention; and it rouses them to rally behind the one who promises to protect them from the menace. In humans, any perceived threat, whether real or imagined, can set off an “unthinking emotional response” analogous to the “startle reflex” in animals. This unthinking response in humans is sometimes ratcheted up by a perverse pleasure in feeling threatened by a bogeyman of some other nation or religion or ideology. It stimulates asectarian impulse to see the world in simplistic terms that confer upon one’s own “tribe” the mantle of goodness regardless of their actions. The Prophet, peace be upon him, was asked about ‘asabiyya, the tribal loyalty that produces a fanatic blind loyalty. He replied, “It is aiding your folk in (their) oppression.” At another time he said, “One who is killed under the banner of ‘asabiyya, or raises the banner of ‘asabiyya, or aids a party on the basis of ‘asabiyya, (has died) a death of ignorance” (specifically, ignorance of Divine guidance; often referring to the ignorance represented by that of the pagan Arabs before the guidance brought by Prophet Muhammad, peace be upon him).

    Civilizing Missions

    Azealous “tribal” impulse is alive and well around the globe. In the U.S., American neo-conservatives indeed see America as a “shining city on the hill,” fulfilling its destiny, as George Bush, Jr. once said, as a nation “ chosen by God and commissioned by history to be a model to the world.” Newt Gingrich declared after his South Carolina primary victory that his campaign platform was to be “American Exceptionalism,” a phrase, like “shining city on the hill,” that conveys a uniqueness about America. Unfortunately, the far right, though mostly of a religious orientation, appears to see that exceptionalism not as exceptionally devoted to ethics, integrity, and justice and a will to do good but as an unqualified and unquestioned epithet of superiority.  The ideals of life, liberty, and the pursuit of happiness are certainly excellent standards as a national presentment, and the constitutional basis of nationhood as egalitarian — that “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights” — is a noble and self-evident threshold of enlightenment. The history of this nation, however, often contravenes these ideals and objectives with the historical record showing case after case of bigotry, exploitation, and amoral conduct. Three themes animate the belief of American Exceptionalism as with the earlier concept of Manifest Destiny. Those three themes, according to historian William E. Weeks, are the following:

    the virtueof the American people and their institutions

    the mission to spread these institutions, thereby redeeming and remaking the world in the image of the U.S.

    the destiny under God to do this work

    A supremacist view — our virtue, our civilizing mission, our divine destiny —justified the genocidal assault on the indigenous people of this land. The belief was that God Himself approved the campaign of expansionism and deculturation, if not extermination, of native Americans. Self-appointed to “Christianize and civilize the Indians,” as 18th president Ulysses S. Grant said in 1870,those who advocated this manifest destiny were following the script of earlier empire-makers: Britain carried the “white man’s burden” and France believed their imperialistic forays to be la mission civilisatrice. Even Hitler believed that he was divinely destined, saying in Mein Kampf, “Hence today I believe that I am acting in accordance with the will of the Almighty Creator…”

    Cognitive Dissonance

    A cognitive dissonance — espousing that “all men are created equal, that they are endowed by their Creator with certain unalienable rights” while pursuing a campaign that characterizes a people as “savage” and denies them their most basic rights to life, liberty, let alone the pursuit of happiness —is interwoven through the fabric of  early U.S. history.  In 1779, George Washington instructed Major General John Sullivan to attack the Iroquois people, to “lay waste all the settlements around…that the country may not be merely overrun, but destroyed.”  Washington at a later date compared the American Indians with wolves: “Both being beast of prey, tho’ they differ in shape.” Such sentiments are typical of the political and military leaders of that day. Thomas Jefferson stated that any resistance on the part of the indigenous people must be met with total annihilation “…in war, they will kill some of us; we shall destroy all of them.”

    In humans, any perceived threat, whether real or imagined, can set off an “unthinking emotional response” analogous to the “startle reflex” in animals

    Keep in mind that the conflicts with the native Americans were a result of an expansionist drive, a desire for land that was already occupied by the indigenous people who were on the misfortunate receiving end of a conquering impulse. In Race and Ethnic Relations, Darryl Hall writes, “The pattern of land seizure, subjugation, assimilation, and [the subsequent] resistance to domination has been repeated with indigenous peoples in nations throughout the world.” Justifying a ruthless, vanquishing campaign necessitates a besmirching of the “enemy’s” culture, a characterizing of them as barbarous and loathsome. The demagogue’s penchant for demonizing those he wishes to exploit, control, discriminate against, or destroy has not changed over the many years.

    Those who believe in American Exceptionalism see so many evidences of the rightness of their world-view.  America’s prosperity and the political and economic march to hegemony over the course of 200 plus years prove them right, so they think. Many intellectually honest historians and commentators have suggested, however, as do writers David Kanin and Steven Meyer, that fortuitous circumstances to a great extent yielded America’s rise: “For more than a century after independence the United States benefited from a unique confluence of uninterrupted access to cheap labor (slave and immigrant), vast amounts of under populated land (especially once the natives were expelled and killed), and the Ohio-Mississippi-Missouri waterway system.”

    A Nation Like Others

    Such points, though, are lost on those who cherish the notion of American Exceptionalism, a worldview that blinds its advocates from seeing that U.S. history is a mixed bag. Winston Churchill said that “history is written by the victors,” and the advocates of exceptionalism prefer the white-washed version of reality that camouflages the dark underbelly of the American Dream —an idealist vision morphed into an octopus with countless sucker-bearing arms. A book by former New York Times foreign correspondent Stephen Kinzer, Overthrow: America’s Century of Regime Change from Hawaii to Iraq, details how the U.S. has used its far-reaching power over the last century to stifle dissent, thwart nationalist and independence movements, and direct or participate in coup d’etats — always to advance its own political and economic agendas and often to access and/or control the natural resources of other countries. That aggressive foreign policy has interfered with, exploited, or wreaked havoc with too many nations to list here, many beyond the widely known examples of Cuba, Nicaragua, Grenada, Chile, Iran, Afghanistan, and Iraq.

    Newt Gingrich would have the U.S. continue an aggressive foreign policy and its long-standing practice of propping up ruthless dictators so long as they are pro-American and accede to American dictates. In the wake of the Arab Spring, he said, “This administration is crippling the United States and every country in the world by failing to protect those who help us.” He was speaking at a Maryland Republican Party dinner in June of 2011, and went on to say, “It’s immoral and it is destructive.” Gingrich published in 2011 A Nation Like No Other: Why American Exceptionalism Matters. In this book he writes, “America is simply the most extraordinary nation in the history. This is not a statement of nationalist hubris. It is an historic fact.”

    American Exceptionalism as Code

    David Stockman, himself a Republican who at age 34 was Ronald Reagan’s budget director, said about ultra-conservative “exceptionalism”:  “The word is neocon-speak, code for an aggressive foreign policy. It’s for more Bush, with even more aggressive intent.  It’s about beating the war drums in Iran.  It’s about keeping the military establishment—which is vastly greater than we need—fully in place. That’s what exceptionalism is about. It’s not about our economic problems or jobs or the fact that Main Street is falling behind or that we’ve done nothing about Wall Street or that we have a Fed out of control or all the other issues that we could mention. That is code for an aggressive foreign policy that I think is the most dangerous thing we could do at the moment.”

    Ron Paul concurs. In January of this year Paul told a crowd in South Carolina, “There’s a move on in our country to excuse our intervention overseas, and they call it American exceptionalism. They distort this view, of course.” Paul went on, “They say that America is exceptional, they know what is right, and they have this moral obligation to force it down the throats of other people, and if they don’t take it, we’re supposed to invade them and make them do exactly as we say.” Romney, less hawkish than Gingrich or Santorum, nonetheless aligns himself with those who subscribe to an aggressive foreign policy and perhaps even the “moral obligation to force [what America sees as right] down the throats of other people.” Giving a foreign policy address at the Citadel, a military college in South Carolina, he said, “I will not surrender America’s role in the world. This is very simple: If you do not want America to be the strongest nation on Earth, I am not your President.”  He went on to say, “This century must be an American Century. In an American Century, America has the strongest economy and the strongest military in the world. In an American Century, America leads the free world and the free world leads the entire world.” And why is America at the helm? His answer:“America is exceptional.”

    La mission civilisatrice, Manifest Destiny, American Exceptionalism, an American Century…all the same —“our virtue, our civilizing mission, our divine destiny”— hubristic impulse. There is a wise saying: “Those with true virtue do not flaunt themselves and so their upstanding character is clearly seen by all; nor do they boast about themselves and so their goodness endures and speaks to the ages.” As Americans, we have to challenge ourselves and this country to be more self-examining so as to correct errors and wrongdoings and continually stretch ourselves and our nation toward greater ethics, integrity, and justice, the same as every other nation should challenge itself to do. In fact, as the dominant power in the world today, the primary challenge lays on our shoulders so that we do not continue strong-arming our way across the globe;  rather we must commit to building genuine character, individually and as a nation, and spread, thereby, a goodness purified of hypocrisy and subterfuge. That would seem like the wise, just, egalitarian approach to living in a world utterly connected and interdependent.

    Not so fast, says Romney, the presumed frontrunner in the Republican primary contest. “We have a president right now who thinks America’s just another nation,” he said during one of the primary debates. “America is an exceptional nation. We have a president who thinks that the way to conduct foreign policy is through his personal effects on other people. I believe the way to conduct foreign policy is with American strength.” But as John Milton, 17th century writer and poet, said, “What is strength without a double share of wisdom?” In fact, any nation throughout history which has brandished its military might with arrogance and inhumaneness, devoid of the wisdom yielded up by morality and reason, has bred turmoil and rancor in its wake, and ultimately brought about its own demise.

    Islamophobia and Exceptionalism

    American Exceptionalism evokes prideful feelings, that “Americans were chosen by God,”  writes Julia E. Sweig, Nelson and David Rockefeller Senior Fellow for Latin America Studies. She continues, that “…their special experiment at home [is] morally superior to other countries and thus theologically required to be a light unto the nations. Whether manifest destiny in the 19th century, [Bill Clinton’s] indispensability in the 20th century, or preemptive attacks in the 21st, Democrats and Republicans largely concur on the upside of American exceptionalism. It is the rare public official with the courage to suggest that the double standards and disregard for international law that frequently define American foreign policy might in fact hurt national interests.”

    Such nuanced understanding, that there is a downside to American Exceptionalism and its hegemonic foreign policy, is ungrasped by the far right. After 9/11 then-president George Bush said in an address to Congress on September 20, 2001, “They hate our freedoms: our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other.” However, according to a 2004 report by the Defense Science Board Task Force, an advisory committee to the Secretary of Defense:

    “Muslims do not ‘hate our freedom,’ but rather, they hate our policies. The overwhelming majority voice their objections to what they see as one-sided support in favor of Israel and against Palestinian rights, and the longstanding, even increasing support for what Muslims collectively see as tyrannies, most notably Egypt, Saudi Arabia, Jordan, Pakistan, and the Gulf states.”

    “Furthermore, in the eyes of Muslims, American occupation of Afghanistan and Iraq has not led to democracy there, but only more chaos and suffering. U.S. actions appear in contrast to be motivated by ulterior motives, and deliberately controlled in order to best serve American national interests at the expense of truly Muslim self-determination.”

    Yet, some on the far right see any back-step from the brinkmanship of aggressive foreign policy as anti-American, as hatred for Western civilization. Referring to the “American left,” Santorum said: “They hate Western civilization at the core. That’s the problem.” Santorum also sees American involvement in the Middle East as part of our “core American values.” In fact the “values” of American Exceptionalism are on full display when Noam Chomsky points out that, “In internal discussions in 1958, which have since been declassified, President Eisenhower spoke about a campaign of hatred against us in the Arab world. Not from the governments, but from the people. The National Security Council’s top planning body produced a memorandum – you can pick it up on the web now – in which they explained it. They said that the perception in the Arab world is that the United States blocks democracy and development and supports harsh dictators and we do it to get control over their oil. The memorandum said, this perception is more or less accurate, and that’s basically what we ought to be doing.”

    So the “values” of American Exceptionalism include a frank recognition of why aggressive American foreign policy provokes an anti-American backlash but, nonetheless, such rancor toward the United States is seen as an inevitable and acceptable adverse side effect. Mark Levine, in Why They Don’t Hate Us: Lifting the Veil on the Axis of Evil, writes, “Certainly, the average Muslim is better informed about the United States or Europe than the average American is about Arab/Muslim, or even European, cultures and societies. To the extent that Muslims are critical of the United States or the larger West (which today would more appropriately be called the ‘Global North’), their reasons are as often as not quite rational.” Further, he writes in a review of another book, Islamophobia: The Ideological Campaign Against Muslims, by Stephen Sheehi, “…a deep-seated psychological fear of Islam and Muslims has been produced and circulated to enable not merely war, but a globalized militarism of historically unprecedented scale that most Americans have come to take for granted as necessary and inevitable in the post-September 11 world.”

    Phyllis Bennis, director of the New Internationalism Project at the Institute for Policy Studies, commented that Islamophobic rhetoric is an important tool of incitement for hawkish politicians as was the “reds-under-your-bed” propaganda during the Cold War. But, she says, “With the fall of communism, we didn’t have the Soviet Union to kick around anymore. But then came the idea of Islam as an enemy. That’s powerful. ”Notice how a version of “reds under your bed” is used anew to monger fear: Rep. Allen West a Republican from Florida campaigned on a promise to oppose religious diversity. He has said that he hopes Congress will focus on the “infiltration of the Sharia practice into all of our operating systems in our country as well as across Western civilization.” Banning shariah must be a part of the “national security strategy” and that focus must include “security systems, our political systems, economic systems, our cultural and educational systems, so that we can thwart this.”

    The Poisonous Atmosphere – and How to Clear the Air

    The current campaign of Islamophobia and shariah-bashing thus stand on a number of bases:

    the concept of American
    Exceptionalism

    the aggressive foreign policy that accompanies that worldview

    the political benefit of having a bogeyman, someone to blame, especially when there is an economic downturn and people feel insecure and fearful; Muslims currently serve as the bogeyman

    the election of a black president which threatens the worldview of the less than broad-minded of the white working class and causes them to feel loss of socioeconomic primacy and thus become more susceptible to mongers of hatred and fear

    the propagandized perception of Islam and all Muslims as radical, with a propensity for terroristic activity to achieve end goals of world dominance

    subscribing to a set of double standards: all nations must abide by international law but the superpower will ignore such law as and when it pleases

    refusal to acknowledge the historically documented awareness of the power elite of how a hegemonic foreign policy legitimately and inevitably breeds resentment and hatred

    the concern that President Obama has (tenuously, at times) embraced a foreign policy approach that relinquishes some of the most hawkish and imperialist aspects of American Exceptionalism

    There are a number of ways to throw light on the destructiveness and intellectual dishonesty of the current campaign to foment Islamophobia and the fear of shariah:

    Point out that all evidence indicates that shariah as a threat is a non-issue. According to a 2011 report by the ACLU, Nothing to Fear: Debunking the Mythical ‘Sharia Threat’ to Our Judicial System, “There is no evidence that Islamic law is encroaching on our courts. On the contrary, the court cases cited by anti-Muslim groups as purportedly illustrative of this problem actually show the opposite: Courts treat lawsuits that are brought by Muslims or that address the Islamic faith in the same way that they deal with similar claims brought by people of other faiths or that involve no religion at all. These cases also show that sufficient protections already exist in our legal system to ensure that courts do not become impermissibly entangled with religion or improperly consider, defer to, or apply religious law where it would violate basic principles of U.S. or state public policy.”

    Point out that Jewish Halakah law and Catholic Canon law are both faith-based laws that exist side by side with civil law. Beth Din is a mediation and arbitration service that uses Halakah law and “conducts its proceedings in a manner that is consistent with the requirements of secular arbitration law, so that the rulings of the Beth Din are legally binding and enforceable in the secular court system.” When there are differences between Halakah law and constitutional law, rulings by the religious court would be overridden. Canon law, according to Dr. Edward Peters, a lay canon lawyer, “the oldest continuously functioning legal system in the western world, is the internal legal system of the Catholic Church. It affects virtually every aspect of the faith life of some one billion Catholic Christians throughout the world.”  No one has raised a voice about “creeping Halakah” or “creeping Canon law.” Shariah law must be seen in the same way as Halakah or Canon law.

    Point out that we would hope and expect that American people not be judged by the beliefs and actions of American extremists such as the Ku Klux Klan, the Patriot movement, or any of the other myriad of hate groups within the U.S. with propensity to violence. According to the The Southern Poverty Law Center there are 1,002 known hate groups operating across the country, including neo-Nazis, Ku Klux Klan, white nationalists, neo-Confederates, racist skinheads, black separatists, Christian identity groups, border vigilantes, and others. Since the year 2000, the number has increased by over 50 percent. Yet, we would be averse to other nations judging Americans by the many extremist groups in our midst. Likewise, Muslims should not be judged by the extremists in their midst nor characterized en masse.

    Point out that we must apply a single standard of morality to ourselves as we do to others, including utilizing and applying a single definition of terrorism; the official U.S. definition is: “[An] act of terrorism, means any activity that  involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; and appears to be intended  to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by assassination or kidnapping.” Any person, group, or nation that is guilty of such action, must acknowledge that and cease and desist from such activity, and be held accountable. All nations must denounce and eschew double standards when it comes to the support and abiding of international law.

    Point out that the campaign to ban shariah has unintended consequences. Tim Murphy, who writes for Mother Jones, says with regard to anti-shariah legislation, “According to Roger Baron, a professor of family law at the University of South Dakota, the amendment’s prohibition on foreign laws would remove the state from a number of agreements concerning child custody and child abduction. Because those agreements hinge on reciprocity, ‘foreign countries will not enforce our custody decrees…’”

    No Conceit or Condescension

    Most importantly, we must make sure that we do not commit the same errors committed by those who ascribe to American Exceptionalism. At the core of  this “exceptionalism” is the belief in superiority. This gives rise to arrogance and overweening pride. Jamal Badawi comments about spiritual arrogance: “As a response to some of the people who used to talk in pride about their ancestors (when people talked about their relation to Abraham and other Israelite prophets) the Qur’an says in (2:141) ‘That was a people that hath passed away. They shall reap the fruit of what they did, and ye of what ye do!’  In the time of the Prophet (pbuh) some of the Israelites used to boast that if they were going to go to the fire, it will only touch them for a few days, in (2:80) ‘And they say: The Fire shall not touch us but for a few numbered days; Say: Have ye taken a promise from Allah, for He never breaks His promise? Or is it that ye say of Allah what ye do not know?’  Addressing the Muslims themselves in order to avoid the attitude of spiritual arrogance, the Qur’an says in (4:123) ‘Not your desires, nor those of the People of the Book (can prevail): whoever works evil, will be requited accordingly. Nor will he find, besides Allah, any protector or helper.’”

    Certainly a Muslim should feel a sense of honor in being Muslim. However, this very easily can slink its way to a sense of superiority and arrogance. Narrated Abdullah bin Masood: “The Prophet of Allah said: ‘He who has in his heart the weight of a mustard seed of pride and arrogance shall not enter Paradise.’  A person (among those listening) said: ‘Verily a person loves that his dress should be fine, and his shoes should be fine.’ He (the Prophet) remarked: ‘Verily, Allah is beautiful and He loves beauty. Pride is disdaining the truth (out of self-conceit) and contempt (or condescension) toward the people’” (Sahih Muslim). Islamically, the only true honor is taqwa (God-consciousness, piety, virtue). Islam does not sanction any sense of superiority to others — whether nations, ethnicities, races, or religions, or persons. Being Muslim must be viewed as a blessing and a responsibility, not a merit and privilege. Yet there are some who think themselves superior because they are Muslim. Pointing to the actual meaning of “muslim” as “one who surrenders to God” — a personal characterizing rather than a nominal title —Abul A’la Maududi writes, “Islam, in fact, is a descriptive title. Whoever possesses the qualities contained within this description, regardless of his race, community, country, or family, is a Muslim. According to the Qur’an (the holy Book of the Muslims) among every society and in all ages there have been good and righteous people who possessed these qualities – and all of them were and are Muslims.”

    In fact, this gets to the crux of the problem with belief in American Exceptionalism. If an individual of any group or persuasion went around announcing his superiority, boasting of his own virtue, claiming that it was his mission and his divine destiny to civilize others, making his self-proclaimed “exceptionalism” his calling card, he would be discredited and rejected without hesitation. But if he was, in fact, virtuous but humbly went about his life’s work spreading goodness wherever he went, he would be perceived as a genuinely exceptional person. It’s worth repeating: “Those with true virtue do not flaunt themselves and so their character is clearly seen by all; nor do they boast about themselves and so their goodness endures and speaks to the ages.”This just as aptly applies to nations. In the last sermon of the Prophet, peace be upon him, he said, “All mankind is from Adam and Eve; an Arab has no superiority over a non-Arab nor a non-Arab has any superiority over an Arab; also a white has no superiority over a black nor a black has any superiority over a white, except by piety and good action.”

    We pray that Allah SWT guide us in our efforts to offset the campaign to besmirch Islam and shariah. Let us be of those who offer an alternate vision to pretentious exceptionalism, espousing for America an egalitarian approach to existence and engagement in the world, firmly planted on a foundation of ethics, justice, and integrity. We would hope that Romney, Santorum, and Gingrich spend less time boasting of America’s greatness and more time actualizing the precepts of their religion, plain for all to see in their scripture. Jesus, peace be upon him, is reported to have said to his followers during the famous Sermon on the Mount: “A city that is set on an hill cannot be hid. Neither do men light a candle and put it under a bushel, but on a candlestick; and it giveth light unto all that are in the house. Let your light so shine before men, that they may see your good works…”

    We can join with those many fellow Americans who believe that the U.S. can be a genuine force for good in the world, and will fulfill its potential when the majority of citizens demand ethics and integrity from the politicians. We must elect those who renounce the power elite who seek to act in their own political/military/corporate interests. We must elect those who realize that they are public servants who can only serve the common good by being honest, moral, self-examining, humble, and genuinely wishing for one’s human brothers and sisters all over the world what one wishes for oneself. Then the shining city on the hill will not be a showcase for boasting and bedazzlement, but a beacon of lucid and inspiring light for all who journey on the path to goodness.

    “And turn not thy cheek away from people in pride, and walk not haughtily on earth: for, behold, God does not love anyone who, out of self-conceit, acts in a boastful manner” (Qur’an 31:18).

  • Understanding Shariah and Defending Our Religious Freedom

    Understanding Shariah and Defending Our Religious Freedom

    “Sharia is a threat to America,” “mosques are Trojan horses,” “radical Islam has infiltrated mainstream Muslim organizations,” “there is no such thing as moderate Islam — traditional Islam is radical,” “practicing Muslims cannot be loyal Americans.” These are some of the talking points (or, more correctly, propaganda points) of a newly-emerged extreme right-wing faction in the American body politic. Compared with the rising tide of Islamophobia in Europe, American society is still strikingly tolerant, pluralistic, and accommodating towards Islam and Muslims. However, that American broadmindedness is contracting all too quickly as the relatively small but well-connected anti-Muslim forces have taken their hate campaign to new heights in recent times. This xenophobic minority has put its agents in most key sectors of society. Even intelligence and law enforcement agencies are falling prey to the Islamophobia industry by inviting self-proclaimed “terrorism experts” to educate local officials and rank and file officers. These “experts” are, in fact, spreading fear and misinformation in the guise of training. They are brazen Islamophobes, actively promoting bigotry against the American Muslim community. Troubling indications of this trend are the three states have already passed anti-sharia laws and 18 others that are discussing similar bills. A Tennessee anti-sharia bill, which sought to make the observance of Islam a crime punishable by 15 years in prison, has been modified under pressure from civil liberties groups and the Muslim community, removing any direct reference to shariah but still posing significant threat to civil and religious liberty. A Texas bill would deny recognition of Muslim marriages. It is clear that the anti-sharia campaign targets everything related to Islam and Muslims, and in some of the most extreme cases, seeks to criminalize the very practice of Islam.

    So how does this antipathy impact America? Yale professor Eliyahu Stern has observed: “The crusade against shariah undermines American democracy, ignores our country’s successful history of religious tolerance and assimilation, and creates a dangerous divide between America and its fastest-growing religious minority” (Don’t Fear Islamic Law in America, NY Times, September 2, 2011). Unfortunately, such voices of reason and moderation are too often drowned out by the raucous belligerents spreading their propaganda. So more and more might come to believe that practicing Muslims cannot be loyal Americans even though a recent Pew Research Center poll has found that Muslim Americans exhibit the highest level of integration among major American religious groups. And, notably, Muslim respondents expressed a greater degree of tolerance toward people of other faiths than did Protestants, Catholics, or Jews.

    Who is feeding the Islamophobia in America? The Center for American Progress, a progressive think tank, conducted a six-month long study and has released a report entitled Fear Inc., The Roots of the Islamophobia Network in America. Their research has found that the anti-shariah campaign is basically comprised of five interlocking elements. The first is the funding source: only seven contributors have given nearly $43million to anti-Muslim organizations and think tanks in the past decade. The second constituent part is played by five Islam-bashing scholars and policy experts and their organizations that act as the central nervous system responsible for producing and conveying the fictitious memes and fear-mongering talking points about Muslims and Islam. The Fear Inc. report says that Frank Gaffney’s neoconservative think tank, Center for Security Policy, has used its financial clout to misdefine shariah as the dominant totalitarian threat to America. Wajahat Ali, one of the Fear Inc. researchers, has rightly observed: “No religious Muslim scholar, let alone a practicing layman, would recognize this definition of Sharia, which, in reality, deals primarily with personal religious observances, including practices such as charitable giving, prayer, and honoring one’s parents, with precepts virtually identical to those of Christianity and Judaism.” The third interlocking element in the anti-shariah campaign is the religious right, and the fourth is comprised of the media enablers: “The mainstreaming of this fringe, extremist rhetoric is aided by media allies in network TV (Fox News), radio (Rush Limbaugh, Sean Hannity, Glenn Beck), online magazines (World Net Daily, Front Page Magazine) and the Islamophobia blogosphere (Jihad Watch), which give Islamophobe talking-heads an influential pulpit to broadcast their misinformation,” explains Wajahat Ali. The fifth category involves political players like Michele Bachmann, Herman Cain, Newt Gingrich, and their ilk.

    While every individual is entitled to speak his/her mind, we do well to recognize that promoting the banning of shariah would be like promoting the banning of halakha (Jewish law) or cannon law (Christian law) observed by practicing American Jews and Christians respectively. More importantly, the anti-shariah campaign foments a hostile environment that can only stymie the growth of American Muslim inclination and readiness to integrate and contribute to a pluralistic and tolerant American narrative.

    Denying Muslims’ constitutionally-granted right to practice their religion prompts Tariq Ramadan to pose the salient question: “Why is it today that when the Muslims are asking the same rights as others, they are perceived as not truly Americans?” Indeed, the anti-shariah exponents don’t have any answer to this question.

    We must stand firm and speak out to counter the anti-shariah vitriol, remind its supporters to abide by the American constitution and promote the pluralistic values and vision of the American founding fathers.

  • Understanding Shariah Law

    Understanding Shariah Law

    In the past year, a group of conservative pundits and analysts have identified Shariah, or Islamic religious law, as a growing threat to the United States. These pundits and analysts argue that the steady adoption of Shariah’s tenets is a strategy extremists are using to transform the United States into an Islamic state.

    A number of state and national politicians have adopted this interpretation and 13 states are now considering the adoption of legislation forbidding Shariah. A bill in the Tennessee State Senate, for example, would make adherence to Shariah punishable by 15 years in jail. Former Speaker of the House of Representatives and potential presidential candidate Newt Gingrich has called for “a federal law that says Sharia law cannot be recognized by any court in the United States.”

    The fullest articulation of this “Sharia threat” argument, though, is in the September 2010 report “Sharia: The Threat to America,” published by the conservative Center for Security Policy. The authors claim that their report is “concerned with the preeminent totalitarian threat of our time: the legal-political-military doctrine known within Islam as ‘Shariah.’” The report, according to its authors, is “designed to provide a comprehensive and articulate ‘second opinion’ on the official characterizations and assessments of this threat as put forth by the United States government.”

    The report, and the broader argument, is plagued by a significant contradiction. In the CSP report’s introduction, the authors admit that Islamic moderates contest more conservative interpretations of Shariah:
    Sharia is the crucial fault line of Islam’s internecine struggle. On one side of the divide are Muslim reformers and authentic moderates… whose members embrace the Enlightenment’s veneration of reason and, in particular, its separation of the spiritual and secular realms. On this side of the divide, Sharia is a reference point for a Muslim’s personal conduct, not a corpus to be imposed on the life of a pluralistic society.

    The authors later assert, however, that there is “ultimately but one shariah. It is totalitarian in character, incompatible with our Constitution and a threat to freedom here and around the world.”

    The initial concession that Muslims interpret Shariah in different ways is accurate and of course contradicts the later assertion that Sharia is totalitarian in nature.

    Any observant Muslim would consider him or herself a Shariah adherent. It is impossible to find a Muslim who practices any ritual and does not believe himself or herself to be complying with Shariah.

    But by defining Shariah itself as the problem, and then asserting the authenticity of only the most extreme interpretations of Shariah, the authors are effectively arguing that the internecine struggle within Islam should be ceded to extremists. They also cast suspicion upon all observant Muslims.

    It’s important to understand that adopting such a flawed analysis would direct limited resources away from actual threats to the United States and bolster an anti-Muslim narrative that Islamist extremist groups find useful in recruiting.

    It would also target and potentially alienate our best allies in the effort against radicalization: our fellow Americans who are Muslim. According to the “Sharia threat” argument, all Muslims who practice any aspect of their faith are inherently suspect since Shariah is primarily concerned with correct religious practice.

    This brief will explain what Shariah really is and demonstrate how a misrepresentation and misunderstanding of Shariah—put forth in the CSP report and taken up by others—will both harm America’s national security interests and threaten our constitutionally guaranteed freedoms.

    What is Shariah?
    The CSP report defines Shariah as a “legal-political-military doctrine.” But a Muslim would not recognize this definition—let alone a scholar of Islam and Muslim tradition. Muslim communities continue to internally debate how to practice Islam in the modern world even as they look to its general precepts as a guide to correct living and religious practice.

    Most academics studying Islam and Muslim societies give a broad definition of Shariah. This reflects Muslim scholars struggling for centuries over how best to understand and practice their faith.

    But these specialists do agree on the following:

    • Shariah is not static. Its interpretations and applications have changed and continue to change over time.
    • There is no one thing called Shariah. A variety of Muslim communities exist, and each understands Shariah in its own way. No official document, such as the Ten Commandments, encapsulates Shariah. It is the ideal law of God as interpreted by Muslim scholars over centuries aimed toward justice, fairness, and mercy.
    • Shariah is overwhelmingly concerned with personal religious observance such as prayer and fasting, and not with national laws.

    Any observant Muslim would consider him or herself a Shariah adherent. It is impossible to find a Muslim who practices any ritual and does not believe himself or herself to be complying with Shariah. Defining Shariah as a threat, therefore, is the same thing as saying that all observant Muslims are a threat.

    The CSP report authors—none of whom has any credentials in the study of Islam— concede this point in several places. In the introduction they say, “Shariah is a reference point for a Muslim’s personal conduct, not a corpus to be imposed on the life of a pluralistic society.” Yet the rest of the report contradicts this point.

    The authors, in attempting to show that Shariah is a threat, construct a static, ahistorical, and unscholarly interpretation of Sharia that is divorced from traditional understandings and commentaries of the source texts.
    The “Sharia threat” argument is based on an extreme type of scripturalism where one pulls out verses from a sacred text and argues that believers will behave according to that text. But this argument ignores how believers themselves understand and interpret that text over time.

    The equivalent would be saying that Jews stone disobedient sons to death (Deut. 21:18- 21) or that Christians slay all non-Christians (Luke 19:27). In a more secular context it is similar to arguing that the use of printed money in America is unconstitutional— ignoring the interpretative process of the Supreme Court.

    In reality, Shariah is personal religious law and moral guidance for the vast majority of Muslims. Muslim scholars historically agree on certain core values of Shariah, which are theological and ethical and not political. Moreover, these core values are in harmony with the core values at the heart of America.

    Muslims consider an interpretation of Shariah to be valid so long as it protects and advocates for life, property, family, faith, and intellect. Muslim tradition overwhelmingly accepts differences of opinion outside these core values, which is why Shariah has survived for centuries as an ongoing series of conversations. Shariah has served Muslims who have lived in every society and in every corner of the planet, including many Americans who have lived in our country from before our independence down to the present day.

    Recent statements from Muslim religious authorities, such as the 2004 Amman Message, show the dynamic, interpretive tradition of Islam in practice. In fact, the Amman Message is a Sharia-based condemnation of violence. So if CSP wants Muslims to reject Sharia they are effectively arguing Muslims should reject nonviolence.
    The fact that the Amman Message is a Sharia-based document shows the problem with the “Sharia threat” argument: By criminalizing Sharia they also criminalize the Sharia-based message of nonviolence in the Amman document.

    It is surprising that a group claiming to be invested in American national security would suggest that we make nonviolent engagement criminal.

    Suspicion Based on Religious Misinterpretation

    The CSP report’s contradictions can only be resolved through unconstitutional means. And the authors propose doing so with no sense of irony.

    They argue that believing Muslims should have their free speech and freedom of religion rights restricted: “In keeping with Article VI of the Constitution, extend bans currently in effect that bar members of hate groups such as the Ku Klux Klan from holding positions of trust in federal, state, or local governments or the armed forces of the United States to those who espouse or support Shariah.”

    The authors have already conceded that even mainstream Muslims espouse Sharia. So by the report’s own analysis, CSP are recommending that even mainstream American Muslims, who follow Sharia in their personal lives, be prohibited from serving in the government or the armed forces.

    The authors cite Koran verses that “are interpreted under Shariah to mean that anyone who does not accept Islam is unacceptable in the eyes of Allah and that he will send them to Hell,” concluding, “When it is said that Shariah is a supremacist program, this is one of the bases for it.”

    It is no secret that many Christians interpret their own faith to mean that non-Christians are destined for Hell. Is this too a form of supremacism?

    Many advocates of the “Sharia threat” also refer to taqiyya, an Arabic word that means concealing one’s faith out of fear of death, to mean religiously justified lying. Not all Muslims subscribe to the theological concept of taqiyya, however. In fact, it is a minority opinion.

    The charge of “taqqiya” is often deployed by “Sharia threat” advocates when confronted with evidence that refutes their thesis. Under this methodology one cannot trust any practicing Muslim. Even if a Muslim preaches and practices nonviolence the CSP authors would say that person is either not a true Muslim or is practicing taqiyya.

    They have, in fact, used this tactic against Muslim-American leaders who advocate strong civic engagement. Responding to Imam Feisal Abdul Rauf ’s assertion that the proposed Park 51 Islamic Center in New York would be a venue for interfaith dialogue, CSP’s Frank Gaffney wrote in The Washington Times: “To be sure, Imam Rauf is a skilled practitioner of the Shariah tradition of taqqiya, deception for the faith.”

    While providing a mechanism for critics to ignore any disconfirming evidence, adopting such an interpretation of taqiyya would almost certainly result in every observant Muslim being branded a liar.

    The authors of the CSP report are clearly aware of this, and they try to temper their conclusions: “This is not an argument for trusting or mistrusting someone in any particular instance,” they write. “It is, though, an argument for professionals to be aware of these facts, to realize that they are dealing with an enemy whose doctrine allows—and at times even requires—them not to disclose fully all that they know and deliberately to misstate that which they know to be the truth.”

    In other words, all Muslims are suspect simply by virtue of being Muslims.

    Biased Premises Lead to Bad Policy

    The CSP report’s premise is that Shariah is the problem and that observance of Shariah results in extremism. The authors do not acknowledge that Shariah is something the extremists are attempting to claim.

    This purposeful misconstruction of the security issues America faces ignores multiple data points and turns all Muslims into traitors. According to a report from the Combating Terrorism Center at West Point, 85 percent of all terrorist victims are Muslims. The Muslim community, therefore, has good reason to ally with American interests to defeat extremists. Those who assert the most extreme definition of Shariah agree with the extremists’ definitions of Islam and help create an environment of alienation and distrust—which serves extremist interests, not American interests.

    Adopting the CSP’s analysis—and the hysteria over the “Sharia threat” that it is clearly intended to provoke—will prevent us from working with our natural allies and weaken our ability to protect ourselves. The war against extremism cannot be labeled as a war against Islam. Taking such a civilizational, apocalyptic view could well become a self-fulfilling prophecy. Further, we actually allow extremists to operate more freely without a clear identification of the threat and a consistent and constitutionally defensible system for recognizing and tracking extremists.

    It is important to recognize that Muslims are in an ongoing conversation to define what their faith will look like. They have engaged in that conversation for centuries. But the challenge of faith and modernity is not unique to Muslims, and we cannot single them out for their beliefs.

    Finally, it’s important to note that even if the most extreme interpretation of Shariah were the correct one, there is no evidence that the U.S. legal system is in any danger of adopting tenets of Shariah.

    To put this in perspective, the extreme Christian right in America has been trying for decades to inscribe its view of America as a “Christian nation” into our laws. They have repeatedly failed in a country in which more than three-quarters of people identify as Christians.

    It’s extremely unlikely that an extreme faction of American Muslims, a faith community that constitutes approximately 1 percent of the U.S. population, would have more success. We need to both respect constitutional freedoms and understand that the Constitution and our courts guarantee a separation between church and state.

    The “Sharia threat” argument is so irresponsible as to almost demand a comic response, were it not for the disastrous consequences of adopting it. It’s important that its claims be interrogated rigorously, in order to understand that they should not be taken seriously.

  • The Role of Human Rights in Islamic Law

    The Legacy of Love, Truth, and Justice

    The legacy of the Prophet Muhammad is revival of the essence of all religion. He revitalized personal awareness and loving awe of God leading to piety, which is a core aspect of  taqwa, and a resulting commitment to truth and justice. These two pillars of Islam and of every world religion reinforce each other. The neglect of either one can result in extremism. Without love and mercy, the pursuit of justice can result in cruelty and oppression. And without commitment to truth and justice, one’s love of God is powerless in the world.

    The two basic philosophical principles of Islam are known as tawhid and mizan. Tawhid refers to the concept that everything in the universe is interrelated with everything else in a coherent whole, and that this unity is the inevitable result of the Oneness of the Ultimate, the Creator of all, whom Muslims refer to as Allah and Christians call God.

    Mizan, the second philosophical principle, emanates from the first one. Mizan means balance. Since God created the universe as a balanced whole, a task of every human is to help maintain this perfect balance by avoiding extremism. This maintaining of balance and avoiding extreme thought, policy or action that neglects other necessary principles, applies to all facets of life including human interaction with the ecosystem or personal moral imprint on one’s own life activities and relationships.

    A framework for maintaining balance in life is provided by Islamic law and is its very purpose. This framework is a hierarchical system of human responsibilities and rights. For example, one has a responsibility to defend one’s family and community, and one has an equal responsibility to respect individual human life. Therefore, those who kill innocents in the alleged defense of their community clearly have lost balance. This violates the design of Allah.

    It is extremist and therefore immoral.

    The indignities of miserable poverty and political oppression can produce alienation, desperation, and extremism. Unfortunately, Muslims have suffered more than their share of both these causes and effects; but regardless of how understandable the source of extremism, the resulting indiscriminate violence and aggression is immoral and Islamically abhorrent.

    Extremism does not have to result from indignities, but it all too often does unless there is a source and framework for hope. The source must be spiritual, based on taqwa. The framework must be a coherent body of human responsibilities and rights, based on a mutually reinforcing combination of divine guidance through revelation (wahy), and natural law (sunnat-Allah or signs of divine order in the universe). Without this intellectual framework, people wander in an intellectual void, and this, in turn, can produce a spiritual malaise.

    Over the long run, the most productive initiative, available to the still largely silent majority of Muslims, to marginalize and disempower Muslim extremists is to fill the intellectual and spiritual void that serves as an ocean in which the extremists can sail, casting their spurious safety ring buoys to those drowning in poverty and humiliation. One way to fill that void  is to ally with like-minded Americans of other faiths to create mutual understanding of how classical Islamic ideals, as all classical religious principles and values, are  consonant with classical American ideals, even though many people do not understand or live up to the respective ideals.

    Teaching and emphasizing that the founders of America and the great scholars of Islam shared a similar vision for a society based upon truth, justice, and mercy is one good way to nurture a commonality of purpose in life. Those who are willing to envision a society of individuals who transcend their own self-centered interests and join together in a single pluralist community, lay down a template for hope that pushes beyond conspiracy theories and the emptiness of  a life constrained by ruthless survival demands.

    The Framework  of Justice

    Justice is the Will and Design of God.  It is also the underpinning for the body of Islamic normative law which provides the intellectual framework to understand and address all of reality. Muslims need to emphasize the universal Islamic principles, known as the maqasid al shariah, which spell out precisely the human rights that some critics have asserted do not exist in Islam. These maqasid, following the methodology instituted by the Prophet Muhammad and superlatively elaborated on six centuries ago by Al-Shatibi, are considered to consist of seven responsibilities, the practice of which actualize the corresponding human rights.

    The first one, known as haqq al-din, provides the framework for the next six in the form of respect for a transcendent source of truth that guides human thought and action. God instructs us in the Quran “…and the word of your Lord is perfected in truth and justice (Al-Quran, 6:115). Recognition of this absolute source of truth and of the responsibility to apply it in practice are needed to counter the temptations toward relativism and the resulting chaos, injustice, and tyranny that may result from de-sacralization of public life.

    Each of the seven universal principles is essential to understand the next and succeeding ones. The next three universal principles are necessary to sustain existence. First of these is haqq al-nafs or haqq al-ruh, which is the duty to respect the human person. The ruh, or spirit, of every person was created by God before and outside of the creation of the physical universe and is constantly in the presence of God. This is the basis of the intimate relationship between God and the individual as expressed in the Quranic verse, “We are closer to him than is his own jugular vein” (Al-Quran, 50:16). At the secondary level of this principle of haqq al-nafs, lies the duty to respect life, haqqal-haya. This provides guidelines for what in modern parlance is called “the doctrine of just war.”

    The next universal principle, haqq al-nasl, is the duty to respect the nuclear family and the community at every level, all the way to the community of humankind as an important expression of the individual. This principle teaches that the sovereignty of the person, subject to the ultimate sovereignty of God, comes prior to and is superior to any alleged sovereignty of the secular invention known as the State.

    This principle teaches also that a community at the level of the nation, of a people who share a common narrative of the past, common values in the present, and common hopes for the future, such as the Palestinians, Kurds, Chechens, Kashmiris, the Uighur in China, and the Anzanians in the Sudan, have legal existence and therefore legal rights in international law. This opposes any national or international entity that operates on the principle of “might makes right.”

    The fourth principle is haqq al-mal, which is the duty to respect the rights of private property in the means of production. This requires respect for institutions that broaden access to capital ownership as a universal human right and as an essential means to sustain respect for the human person and human community. This principle requires the perfecting of existing institutions to remove the barriers to universal property ownership so that wealth will be distributed through the production process rather than by redistribution from the rich to the poor through taxation, monetary policy, or other means. Such redistribution can never have more than a marginal effect in reducing the gap between the inordinately rich and the miserably poor.

    The last three universal principles in Islamic law primarily concern what we might call the quality of life. The first is haqq al-hurriya, which requires respect for self-determination of both persons and communities through political freedom, including the concept that economic democracy (which includes such ideas as giving citizens a voice in economic decision-making and ensuring that the collective well-being is not subordinated to private profit) is a precondition for the political democracy of representative government.

    The secondary principles required to give meaning to the parent principle of haqq al-hurriya and carry it out in practice are khilafa, the ultimate accountability of both the ruled and the ruler to God; shura (mutual consultation), to ensure the responsiveness of the ruler to the ruled, which must be institutionalized in order to be meaningful; ijma, the duty of policy makers, by engaging in shura, to reach a consensus on any specific issue; and an independent judiciary.

    The sixth maqasid is haqq al-karama or respect for human dignity. The two most important requirements (hajjiyat) for individual human dignity are religious freedom and gender equity. In traditional Islamic thought, freedom and equality are not ultimate ends but essential means for each individual to pursue the higher purposes inherent in the divine design of the Creator.

    The last universal or essential principle at the root of Islamic jurisprudence, which can be sustained only by observance of the first six principles and also is essential to each of them, is haqq al-ilm or respect for knowledge. Its second-order principles are freedom of thought, press, and assembly so that all persons can fulfill their purpose to seek knowledge to whatever degree they choose and in all ways available.

    This framework for human rights is at the very core of Islam as a religion. Fortunately, this paradigm of law in its broadest sense of moral theology is now being revived by what  is still a minority of courageous Muslims. They are determined to fill the intellectual gap that has weakened the Muslim umma for more than six hundred years. This revival can be part of a spiritual renaissance in all faiths, a reawakening that can transform the world.

  • Hudud (Penalties) in Comtemporary Fiqh

    Sheikh Yusuf Al-Qaradawi  calls for applying Shariah while taking into consideration the changes in time, place, and humanity, as there are past jurisprudential rulings that are not applicable in this modern world.  Shariah is valid for all times and places; however, the application of Shariah needs ijtihad (use of reasoning and educated judgment to deduce an opinion or ruling) by qualified scholars who take into account the prevailing conditions in today’s world while having extensive knowledge of the tenets of Shariah.

    Shariah and Hudud

    Shariah cannot be taken in one part while another part or part are disregarded; it must be administered as a whole.  It is worth noting, therefore, that out of 6,236 Quranic verses, only 10 directly address the topic of hudud (the limits of lawful behavior and the fixed punishments for transgressing those boundaries). These verses were revealed late during the mission of Prophet Muhammad (peace and blessings be upon him). The hudud laws mentioned in the Quran are four, or five if the one of qisaas (retaliation) is added. These five hudud address qisaas, adultery, qadhf (false accusation), hirabah (highway robbery), and theft. The phrase “hududu Allah” mentioned in some verses of the Quran relates to issues like divorce and marriage. In those verses, the term “hudud” refers to the features and boundaries that distinguish what is permissible from what is forbidden .

    We realize that the subject of hudud (prescribed punishments) is an integral but limited aspect of Islam when we consider that many scholars divide Islam into creed, acts of worship, morals, manners, and laws. The laws are then divided into civil, economic, family, commercial, criminal, constitutional, international relations,  and so on.  Yet some people focus only on one part — the criminal law — and ignore the rest of Shariah. Non-Muslims and even some Muslims  see the hudud as the distinguishing element of Islam. Perhaps it is because the hudud laws are essentially different from man-made  and, therefore, changeable laws. Moreover, people see the hudud as the conspicuous part of Shariah; however, hudud alone are a core but very limited part of Shariah and its application. People are so primarily focused on the hudud that if the laws related to banning usury or collecting zakah (prescribed alms) are applied, many will think that the ruler is not applying Shariah so long as hudud are not applied.

    Hudud in the Quran and Sunnah

    There are clear-cut hudud established by the Quran as mentioned above, with regard to retaliation, adultery, false accusation, highway robbery, and theft. There are also the dhanni (deduced) hudud, which are derived from the Sunnah, such as the penalty for drinking wine. Some scholars said it is 40 lashes; others said it should be 80 lashes, while some others, like Al-Bukhari and At-Tabari said there is no specified penalty for drinking wine but should receive a  lesser tazeer punishment (discretionary punishment).  Sheikh Qaradawi  agrees with the application of a discretionary punishment, which could be whipping, imprisoning, or imposing fines.

    Another dhanni (deduced) hudud is the one for apostasy, derived from  the Sunnah. There are many hadiths, as well as some references in the Quran, about putting apostates to death. However,  Umar ibn Al-Khattab asked an apostate to repent. Also, Imam An-Nakhiy and Imam Ath-Thawry are of the opinion that apostates should repeatedly be given opportunity to repent.  Another example  of a dhanni hudud is the stoning penalty for a married adulterer, a penalty derived from the Sunnah and not the Quran.

    Application of Hudud

    The problem with hudud is not their application in society but their misapplication — applying them without meeting the necessary conditions. The Prophet (peace and blessings be upon him) prepared his contemporary society before applying hudud. He established the pillars of Islam including the prayer and the collection of zakah from those who could afford it, and distributed it among the poor. He created all the necessary conditions for social stability and solidarity. He established Islam as the way of life so that the needy were provided for and no one was left destitute, without food or shelter or other necessities for survival. In that case, for example, the theft penalty could be applied. But how can hudud be applied when people are unemployed, hungry, sick, orphaned, or homeless? Islam must be established in all aspects first, and then if someone steals, such an act of theft is a result of corruption of the soul rather than out of necessity.

    Umar ibn Al-Khattab suspended the theft penalty during the Starvation Year, as people were stealing because of need and hunger. When a rich man came to Umar complaining that his slaves were stealing, after pondering and investigating the matter and knowing that this master had not met the needs of his slaves, Umar told him, “Go meet their needs first, or I’ll cut your hands off.” So social justice should be applied and people’s needs should be met, and proper conditions should be established in order to apply hudud. Otherwise, hudud may be used as a pretext by rulers to oppress people. Most egregious is the reality in some countries that the hudud are not applied to those who are politically connected or wealthy, even though they may defraud the people or embezzle millions of dollars. Yet the hudud are applied to the weak and the poor.

    Hudud Are Not the Ultimate Goal

    Another point is that when someone commits a crime with a prescribed punishment, the authorities should not start with applying the hudud penalty, but rather should seek lesser punishment if any doubt about guilt or mitigating circumstance exist.  An agreed-upon rule of Islamic jurisprudence is “Let doubt suspend hudud.” Many jurists widen the range of doubt based on the following hadith related by Al-Hakim and As-Suyuti: “Refrain from enforcing hudud on Muslims as much as you can. If you find a way out for a Muslim, let him (or her) go, as it is better for the imam (ruler) to wrongly forgive than to wrongly punish.”  We can thus see that Islam is not keen on punishing people. Punishments are for wicked, corrupt, or sociopathic people, who constitute a small portion of society. However, if these people are not punished, corruption will prevail. There is a hadith that says,  “A penalty applied on earth is better for people than rain falling upon them for 30 or 40 mornings” (Ahmad).  This is in the case that guilt is “beyond doubt” and with no mitigating circumstance. Then, according to this hadeeth, there is no benefit in receiving rain and cultivating when all that hardwork becomes a stolen harvest by thieves prevailing in a society.

    Restrictions of Applying Hudud

    Allah has prescribed hudud to deter and purge the wrongdoers. Hudud deter those who commit crimes and prevent them from committing them again; they further discourage other people from committing crimes. Some people say that the hudud are harsh. In fact, harshness is sometimes required for reform. Moreover, what is the alternative for hudud? The alternative in a man-made system of justice is imprisonment, which does not deter criminals. And a large percentage of criminals repeat their evil acts with more severe and harmful results after being released from prison. They become more hardened in their criminal intent and, unfortunately for society, have gained in criminal know-how from the malevolent experiences of their fellow criminals while in jail.

    Islam’s rational and jurisprudential basis for applying hudud with regard to adultery, for example, does not relate to the act of adultery itself – which is a forbidden act due to many reasons . Rather it is correlated to the adulterer committing his or her act publicly. Thus, the adultery penalty is applied only when four individuals witness the  act of illicit sexual intercourse, or when the adulterer confesses four times before a judge that he or she has committed that act. In that case, the defendant should be informed of the penalty before he or she confesses. Moreover, the four witnesses must be competent to give testimony, and the judge must interrogate them to determine if they are lying or in any way untrustworthy in their testimony. If any of these conditions are not met, the penalty cannot be applied. In that case, the adulterer may have the chance to repent without receiving the penalty.

    Even when guilt has been established beyond doubt or disupte and there exist no mitigating circumstance, there still remain conditions for hudud to be applied:

    1. It must be established that the accused committed the crime by choice rather than under duress of some kind, and while knowing that the act is illegal and a punishable crime.
    2. The defendant has publicly committed the crime or confessed to committing it.

    Applying Hudud Today

    When the elements of a crime categorized as punishable by hudud laws are established according to all requisite conditions, hudud should be applied. However, if these elements are not present, then tazeer (lesser, discretionary punishment) should be applied. Tazeer is to be applied under the authority of the imam or judge. But applying hudud is the exclusive domain of the state.  Thus no group in any place has the right to apply hudud to a group of people away from the authority of the state.

    Countries today that apply hudud such as Saudi Arabia, Iran, and Sudan must answer for themselves as to whether all conditions have been met and an Islamic way of life fully established so that hudud is applicable and Islamically warranted. And Allah SWT knows best.