Thursday, February 16, 2012

Why Islamic Law is Intolerable

Why Islamic Law is Intolerable Spell it Sharia,  spell it Shari'ah or call it Fiqh, it is Islamic law, based on the Qur'an & hadith which are the primary sources of Islam.  Islam conflates spiritual & temporal authority and imposes its law on the entire society.

    The fact that Shari'ah imposes corporal punishments including amputation, decapitation, lashing & lapidation is common knowledge.  We recognize that such punishments are incompatible with our Constitutions.  Many people assume that incompatibility to impose a total exclusion on Shari'ah, but it does not. In the last three decades, there have been fifty cases and appeals involving Islamic Laws in American courts.

    Unfortunately, Islam is not an a la carte menu  from which you can select the items you like; it is all or nothing; a package deal.

2:85. After this, it is you who kill one another and drive out a party of you from their homes, assist (their enemies) against them, in sin and transgression. And if they come to you as captives, you ransom them, although their expulsion was forbidden to you. Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allâh is not unaware of what you do.

If Muslims reject part of the Qur'an, they will be disgraced in this world and damned in the next.  Muslims can not reject jihad, corporal punishment inequality, indignity or the disgusting fiqh of marriage, divorce & child custody. 

    I have compiled screen shots of some crucial rulings into  gifs for your reading displeasure.  The first gif is entirely sourced from Reliance of the Traveller, which is the most widely accepted codification of Shari'ah.  These rulings impact issues of equality, dignity, justice and 'family law'.  They come from books M, N & O of Reliance of the Traveller. 

Islamic laws incompatible with our Constitution.

    The following table includes links to the three main codifications of Islamic law which you can purchase at Amazon in two cases or read on line in pdf format. Risala is the shortest and easiest to read but less detailed than the others. Hedaya uses arcane & archaic vocabulary & type face and is rather dense.  Reliance set the standard, and is accepted as authentic and accurate by sheikhs of Al-Azhar University in Cairo.

Reliance of the Traveller
Hedaya Volume II Reliance of the Traveller: A Classic Manual of Islamic ...
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Text: English, Arabic (translation) Original Language: Arabic. Product Details. Hardcover: 1232 pages; Publisher: Amana Corporation; Revised edition (July 1, ...

The hedàya, or guide; a commentary on the Mussulman laws: translated by order of the Governor-General and council of Bengal, by Charles Hamilton. ... Volume 2 of 4 by Ali lbn Abi Bakr Burhan a al-Marghinani (Paperback - May 30, 2010)

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Reliance of the Traveller and Tools for the Worshipper.
File Format: PDF/Adobe Acrobat
Reliance of the Traveller and. Tools for the Worshipper. A CLASSIC MANUAL OF ISLAMIC SACRED LAW BY AHMAD IBN. NAQIB AL-MISRI (Died 1368 AD) ...

Islamic E-Book

File Format: PDF/Adobe Acrobat
The Risala : A Treatise on Maliki Fiqh. 'Abdullah ibn Abi Zayd al-Qayrawani (310/922 -. 386/996). Translated by Alhaj Bello Mohammad Daura, MA. (London) ...

The Hedaya : commentary on the Islamic laws

Internet Archive BookReader - The Hedaya : commentary on the Islamic laws. The BookReader requires JavaScript to be enabled. Please check that your ...

The second gif follows; it displays the Qur'anic ejunctions of jihad, the confirming ahadith from Sahih Bukhari & Sunan Abu Dawud and their codification in Hedaya, Volume II, Book IX, Chapters 1 &2, and Risala. The subset of the law displayed here covers the following vital  issues:

  • Allah's commands to fight
    • Moe's confirmation of those commands
  • Islamic jurist's interpretation of those original sources
    • legal definition of jihad
    • obligation to perform jihad
      • communal
      • individual
        • in every year
        • continuously until Judgment Day
    • jihad is primarily offensive, not defensive
      • undertaken on Islam's initiative
        • proceeded by Dawah
          • involves killing men
          • involves enslaving women and children
    • jihad is undertaken by the caliph as the regular order of business
      • against Jews, Christians & Zoroastrians until they are subjugated and pay jizya
        • jizya is a punitive tax in lieu of execution
          • according to the Hanifi school, collected in a punitive & humiliating manner
      • against all other people until they become Muslims.

The most important points of the law of Jihad

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