It is wrong to compare Islamic and Jewish religious courts: they are very different

No Comparison: Shariah and Jewish Religious Courts. An excellent article by Rabbi Aryeh Spero explaining how different Islamic and Jewish laws are, published in The American Thinker:

Many stealth jihadists pushing to have Shariah law instead of American civil law govern American Islamic communities are making the preposterous claim that Shariah Courts are similar to Jewish religious courts that observant Jews often use to adjudicate intra-community disputes. This is entirely inaccurate given that Shariah has as its goal the replacement of American law with Shariah, whereas Beit Din, Jewish religious court, limits its purview and has no intent or desire to flout American law.

Over 1800 years ago, the Talmudic Rabbi Samuel set the tone of how Jews were to interact with the laws of Babylonia, which had become the primary residence of the Jewish People after its exile from Israel.  His statement and decision has guided the Jewish community throughout their dwellings in new lands: "The law of the land is the law." Rabbi Samuel understood, as did all subsequent rabbinic figures, that dwelling in a land and being a good citizen meant living by its laws and standards.

Naturally, many aspects of Jewish religious life differed from that of the host culture, such as the requirement to eat kosher food, observe the Sabbath and abstain from bread on Passover, and Rabbi Samuel would have been the first to reject any attempt by the State to prohibit our core religious observances. In the spirit of Render unto Caesar that which is his and unto God that which is His, Rabbi Samuel demarcated between religious law and civil law. His intellectual honesty lay in not allowing the subterfuge of categorizing civil law as "religious" law, which would have effectively nullified the whole concept of "The law of the land is the law".

Rabbi Samuel certainly wished to preserve Jewish culture and ethnicity. Nonetheless, the Head of Babylon's Jewish community imbibed a deep respect and loyalty to his new country and would not allow zealots and separatists to lurch into a mode of cultural supremacy by erecting autonomous communities within the nation, which is accomplished when the purview of religious law is inflated to include that which is essentially civil and criminal law, something to be decided by the general public.

Eight hundred years later, as the center of Jewish life shifted westward to Europe, Rabbi Gershom of Germany expanded on the theme of "The Law of the land is the law." He declared that because something is permitted in religious law does not mean a Jew should exercise that religious right if it is contrary to a fundamental standard and custom of the country where he now resides. So that even though the ancient Bible did not limit a man to one wife, henceforth Jewish men living in Europe could not marry as was done in biblical days, since European/Christian mores had rejected the simultaneous taking of multiple wives. Though polygamy was already centuries earlier culturally taboo among western Jews, Rabbi Gershom took the opportunity to prohibit it officially and legally to underscore the point that no particular ethnic community stands above and beyond deep-rooted national moral and ethical mores and standards.  

Contrast this philosophy with that of shariah compliance where, for example, in certain European countries Islamic clerics are asking that the State welfare system subsidize the multiple wives of a Pakistani-born Muslim, or that of New Jersey where a lower court judge agreed not to hold a man liable for raping his wife, "reasoning" that his culture permits a man to force himself on his wife even though she vehemently protests her subjugation. Or the case of an 18 year old Columbus, Ohio girl whose wish to convert to Christianity is causing a risk to her life from her parents who claim that shariah does not allow her to become Christian. Jewish law intrinsically deplores what shariah here espouses, and no Beit Din would kow-tow to such rejection of civilized American societal norms.

The three cases mentioned above, some even criminal, stand foursquare against our American principle that women and children are not simply a man's property. This isn't simply a legalism but fundamental to our identity and to who we are as a people and nation. Having two sets of laws, one of which extends to Muslims the right to do that which is forbidden to all other Americans is a breach of the bedrock principle of Due Process, wherein our laws are applied equally to all, be it our rights or our prohibitions. Should we suddenly make one group of citizens more privileged than all others? That is not American, nor western. Equality under the law must transcend fashionable and often silly notions of multi-culturalism. Too much multi-culturalism leads to no culture at all, a society denuded of standards.

It has always been understood here that no one can claim a religious exception to civil and criminal rules that govern all. Religious freedom does not mean freedom from living by the civilized laws that constitute us as a people. That is exactly what Rabbi Samuel had in mind 1800 years ago when warning against those who would abrogate their fealty to civil and criminal law by claiming a special dispensation under religious law.

There are two areas where from time-to-time a Jew invites a Beit Din into his life. One is marriage and divorce. But here the Beit Din does not supersede routine civil law, rather it embellishes these events with certain required rituals, none of which offend deep-rooted social morality nor contradict existing civil law. After the divorced couple arranges their divorce settlement -- finances, child custody questions etc. -- the Beit Din's scribe quilts on parchment a divorce document according to an ancient Hebrew text. Marriage is similarly preceded by written documents and blessings. These additions do not abrogate any civil laws, rather fall under the rubric of rituals that adorn and enrich each particular group within humanity.

The second is the arbitration process where two Jewish litigants decide to forgo the expenses of lawyers and protracted civil court proceedings and opt to have the Beit Din arbitrate and decide their business or monetary conflict. Courts are often pleased by this choice since it relieves them of yet another case on their heavy dockets. But even here, the Beit Din cannot pull out of left field some wild form of insular reasoning whose logic could not stand up in secular court. Nor would it ever arbitrate on criminal matters.

And herein lays an essential difference between those advocating shariah for Islamic communities as opposed to Beit Din in highly observant Jewish communities. Whereas, a Jew finds himself at a Beit Din once or twice in life, and for many never at all, shariah will dominate the individual within the community. He will live under shariah. Shariah is comprehensive, and coercive. It is the ultimate balkanization, wherein a mini nation lives within a broader nation. It is a seceding from the Union - yet with all the privileges of being in that union.

For stealth jihadists, shariah is the most effective way to Islamize a country. Through its imposition, it telegraphs that a nation has no unique and binding set of laws, mores and standards. That's why radical multiculturalists love it. It helps brings down America.

Islamic shariah has a completely different aspiration than Jewish law. Jewish law has no world-wide ambitions. We don't even seek converts. There's one Jewish state, and a small one at that. Islam's stated goal is to have the world live under shariah. It yearns for a world-wide caliphate, bringing all under Islam, individuals and nations.

Shariah announces that Islam is above and beyond the law. It is above country. Once allowed and implemented in Islamic neighborhoods, it reaches beyond and extends to ever growing areas where its adherents migrate, so that neighborhoods once under American law now must forfeit their American way of life if they wish to do business or be shielded from harassment. Shariah does not believe in Live and let Live, which has been the sweet anthem that has guided America. It demands changes in our schools, work places, swimming pools, and every facet of public and commercial life.

In England , for example, whole school districts now forbid pork in school cafeterias where Christian children still constitute the majority, and some districts won't even teach the Holocaust because it "offends" anti-Semitic Muslims. Liberals call this sensitivity and accommodation. But it is capitulation; capitulation by emasculated multi-culturalists who feel that the only way to validate our western culture is by forfeiting it and submitting to those who wish to destroy it. Any ideology whose demands and stranglehold on civic and public life are so extensive and unyielding is theocratic in nature and thus incompatible with and dangerous to western life.

At one time, North Africa was not Islamic. Neither was Turkey, southern Asia, Indonesia, Central Africa, Persia, nor most of Iraq and Lebanon; nor were vast lands west, east and north of India. Nor were the Balkans. They are now mostly Islamic. Some fell to the sword of Islam. Others decided to be "nice guys" and allow shariah law in their countries for those few who demanded it. Now, tens of millions of them and their children must live under shariah law. Their heritage is gone.

Intolerance towards other religions

Under Islamic law, non-Muslims are not allowed to propagate their faith, as established in the Pact of Umar. Examples (for the situation of the Copts in Egypt see here; Christians in general here):

• Indonesia Mar 2011: Indonesia, war on the Ahmadi considered blasphemous by government and Islamic leaders (AsiaNews).
• Indonesia Mar 2011: New ban imposed on Ahmadiyah Islamic sect (adnkronos).
• Pakistan Feb 2011: Pak's Hindu temples turned into picnic spots, hotels (rediff).
• Malaysia Sep2009: a group of more than 50 Muslim men gathered outside a state mosque and marched to a government office proudly carrying a cow's head as a symbol of protest while chanting the world-famous praise "Allahu akbar." The Muslim group was against the construction of a Hindu temple in their district. "I challenge the state to go on with the temple construction. I guarantee bloodshed and the state will be held responsible. Allahu akbar!" said the group's spokesman (JPost).
  
  
  
  
  
  In November 2007, some 30,000 Hindus marched the streets of Kuala Lumpur to protest against discrimination and alleged systematic demolition of Hindu temples by the state. The protesters met the full force of the state's chemical-laced water cannons and tear gas canisters.  In stark contrast, the cow-head protest went ahead without any police intervention.

In Malaysia, religious rows dominate national media: Students arrested for handing Christian pamphlets to Muslims; protests outside churches suspected of facilitating Muslim apostasy; a ban prohibiting non-Muslims from using the word "Allah"; Islamic rehabilitation centers "persuading" Muslims against conversion; a Muslim mother sentenced to be caned for consuming beer, with the woman's father urging the authorities to cane his daughter in public to make her an example. What might be deemed lunacy in the modern world pervades life in Malaysia, troubling its non-Muslim minorities as well as its liberal Muslims.

Is the Islamic concept of Temporary Marriage (Mutah) akin to prostitution?

Well, read and draw your own conclusion. The following is a direct translation of the Persian document as shown on Planet Iran. It is an advertisement from the Iman Reza's Shrine in Mash'had, in Iran:

July 18, 2010

Bismellah al rahman a rahim

Temporary Marriage (Marriage is among the traditions of the Prophet Mohammad)

In order to elevate the spiritual atmosphere, create proper psychological conditions and tranquility of mind, the Province of the Quds’eh-Razavi of Khorassan has created centers for temporary marriage (just next door to the shrine) for those brothers who are on pilgrimage to the shrine of  our eighth Imam, Imam Reza, and who are far away from their spouses.

To that end, we call on all our sisters who are virgins, who are between the ages of 12 and 35 to cooperate with us. Each of our sisters who signs up will be bound by a two year contract with the province of the Quds’eh-Razavi of Khorassan and will be required to spend at least 25 days of each month temporarily married to those brothers who are on pilgrimage. The period of the contract will be considered as a part of the employment experience of the applicant. The period of each temporary marriage can be anywhere between 5 hours to 10 days. The prices are as follows:

• 5 hour temporary marriage – 50,000 Tomans ($50 US)
• One day temporary marriage – 75,000 Tomans ($75 US)
• Two day temporary marriage – 100,000 Tomans ($100 US)
• Three day temporary marriage – 150,000 Tomans ($150 US)
• Between 4 and 10 day temporary marriage – 300,000 Tomans ($300 US)
• Our sisters who are virgins will receive a bonus of 100,000 Tomans ($100 US) for the removal of their hymen .

After the expiration of the two year contract, should our sisters still be under 35 years of age and should they be so inclined, they can be added to the waiting list of those who are seeking long-term temporary marriage. The employed sisters are obligated to donate 5% of their earnings to the Shrine of Imam Reza. We ask that all the sisters who are interested in applying, to furnish two full-length photographs (fully hijabed and properly veiled), their academic diplomas, proof of their virginity and a certificate of good physical and psychological health which they can obtain through the health and human services of the township of their residence. Please forward all compiled material and send to the below address by the 31st of the month of Ordibehesht, 1389 (May 21st, 2010).

Attention: For sisters who are below 14 years of age, a written consent from their fathers or male guardian is required.

Address: Mash’had, Shrine of Imam Reza, Shaheed Navab-Safavi, Kossar passage, Bureau of Temporary Marriages or call Haji Mahmood Momtaz : 98/511/222-5790

For further information, please refer to the Quds’eh Razavi website.

Punishments under Islamic Law: flogging, beheading, hanging, crucification ...

The post Sharia- Crime and Punishment under Islam provides an excellent discussion on the types of crime and related punishments prescribed under Sharia Law. Here, there are a few actual examples:

Flogging
Sudan (Dec 2010): video shows a women receiving lashes at the Khartoum Police Station and part of an interview with the Governor of Khartoum, Dr. Abd Al-Rahman Al-Khadr. He stated that "what was aired was the implementation of an Islamic punishment..."  In fact, he went on to say that "[w]e should consider the more important issue in this case ~ our penal code is in keeping with Islam and the sharia is the main source of our legislation.  Islamic punishments are carried out to purge the perpetrator." (MEMRI TV Video #2772 and transcript).

Islam is above criticism: kill or harass those who "slender" Islam

Under Sharia Law, it is a crime punishable by death to criticize Islam, his prophet or Sharia Law.

The Islamic world, which feels free to disparage other religions, and whose holist book denigrates Jews as apes, demands no criticism of its prophet by nonbelievers. This profoundly selfish and unfair standard should not be tolerated by the rest of the world. Judaism, Christianity, Buddhism, Hinduism, and all the other major faiths survive criticism from nonbelievers. It is now time for Islam to mature, and for Muslims worldwide to announce that their faith is strong enough to withstand criticism. It is a sign of weak faith to attack critics.

Death threats are commonplace. But a recent phenomenon has emerged: Western institutions (government, judiciary, publishers, universities) just seem to accept and impose Sharia-like norms to silence those who criticize Islam. It is like saying: "don't kill us; we will shut them up for you." It is like a civilizational self-censorship.

Who does not remember the Danish Cartoons? Muslims want to kill the cartonist Kurt Westergaard. The latest happened Police in Denmark shot a Somali man attempting to assassinate Danish cartoonist , the man whose 12 cartoons in Jyllands-Posten set off worldwide unrest, including fatal riots in 2005. The 27 year old Somalian, armed with an axe, broke through a window, and was was shot in the leg, after police answered an alarm call from Westergaard's home in Aarhus, Denmark's second largest city. The cartoonist's grand daughter was present in the house, in a "safe room" that had been constructed because of the vicious attacks threatened against the brave cartoonist.

Another point related to "silencing those who criticize Islam, Mohammed or Sharia" is that blasphemy laws are sometimes used in order to settle grudges, persecute minorities and fan religious extremism (e.g., in Pakistan).

• From BBC: Muslim row cartoon timeline.
• France. Nov/2-11: The offices of the French satirical magazine Charlie Hebdo in Paris have been destroyed in a petrol bomb attack. The attack followed after the magazine announced an issue in which the "guest editor" was the prophet Mohammed (BBC).

• West Bank, Dec/2010: 26-year-old blogger, Walid Husayin — who had called the Muslim God a “primitive Bedouin” and Islam a religion of “irrationality and ignorance” — was forced to apologize in a letter to his family and to all Palestinians after being arrested by Palestinian military police on Oct. 31. His comments were deemed offensive to Islam. Defaming Islam is a crime in the West Bank (YahooNews).
• Pakistan, Dec/2010: Pakistani authorities have arrested a doctor on suspicion of violating the country’s contentious blasphemy law by throwing away a business card of a man who shared the name of Islam’s prophet, Muhammad, police said Sunday (SFC). (Pakistani Blasphemy Law) 
• Pakistan, Nov/2010: Bibi — a Christian mother of five —was sentenced to death by a municipal court for blasphemy against Islam. She insists she was falsely accused over a personal dispute. Ms. Bibi has been in jail for more than a year (Telegraph). (Pakistani Blasphemy Law)
• Sweden Dec 2010: Two explosions rocked the downtown shopping district in Stockholm this evening as holiday shoppers crowded the chainstore-clogged area around Drottninggatan. In a letter and audiotape, the bomber wrote that: "Our actions speak for themselves. As long as you don't stop your war against Islam, and you degrade the Prophet, and your support for that stupid pig [cartoonist Lars] Vilks." (Reason)
• Sweden Oct 2010: The Norwegian historian and journalist Halvor Tjønn has written a biography of the founder of Islam, Muhammed. The book was announced by the Oslo publisher Kagge in last year’s fall catalog. But now the publisher has suddenly pulled out — and refuses to provide any explanation of why it no longer wishes to publish the book (PJM, Aftenposten).
• US Sep/2010: Molly Norris goes hiding. She was a staff cartoonist for the Seattle Weekly. Last spring, in response to Islamist threats against Trey Parker and Matt Stone's lampooning the prohibition against portraying Mohammed on "South Park," Molly Norris published a cartoon proposing an "Everybody Draw Mohammed Day." The cartoon didn't actually portrayed Mohammed. American-Jihadi cleric Anwar al-Awlaki, the same who triggered both the attempted Detroit airliner attack and the Fort Hood massacre, issued a fatwa calling for her assassination. Norris consulted with the FBI, who recommended that she go underground and change her name. Apparently the Feds failed to make any serious offer of protection (WSJ, Global Jihad). 
• USA Sep/2009: Professor Jytte Klausen wrote a book called "The cartoons that shook the world" to be published by Yale University Press (YUP). In an act of self-censorship YUP removed the cartoons and any other portrait of Mohammed fearing the images would cause another outbreak of violence. The book was eventually published and can be found on Amazon with customer tags "cowardly", "censored" and "Yale Shame" (FOX, IH)
• Australia Sep/2010: An Australian Iman, Feiz Muhammad, has issued a fatwa (an Islamic religious decree) calling for the beheading of Geert Wilders, a Dutch politician. Mr Wilders is an outspoken critic of Islam and leader of the Dutch PVV Party. Imam Feiz Muhammad is an Australian Muslim preacher, head of the Global Islamic Youth Centre in Liverpool, a suburb of Sydney (BIG PEACE). 
• Russia Nov/2009: A militant Islamist group based in Russia has admitted that they are responsible for the killing of 35 years old Orthodox priest Daniil Sysoyev. He was killed in his own church in Moscow by masked gunmen. The website warned that “those in the future who defame Islam and insult the religion of Allah will suffer the fate as Sysoyev.” Father Sysoyev contacted Russian security services several times over the threats, but in vain (AFP).

Indoctrination of Children

"Give me a child and I'll shape him into anything." -- B.F.Skinner

• A report [www.mcb.org.uk] from the Muslim Council of Britain entitled ‘Meeting the Needs of Muslim Pupils in state schools’ gives an insight to what the OIC is planning for the UK and the West. Just in the report’s Foreword alone, you’ll notice the implied need for tolerance on the part of the British in sentences like “…it is important therefore, that educators… respond positively to meeting the needs of Muslim pupils” and “…with a reasonable degree of mutual understanding and goodwill, even more progress can be made in responding positively to educational aspirations and concerns of Muslim…”. At the end of the foreword, almost as an afterthought, Muslim parents are not told to ‘respond positively ‘but to “further their understanding of what they can reasonably expect from schools.” It’s the British who should be making the positive responses while Muslims should be learning what school practices can be expected to adapt to Islamic needs. Every aspect of education is targeted for Sharia compliance, from schoolyard games to vaccinations, from raffles to drama: No mixed contact sports, swimming lessons must be single sex, boys bodies covered and need I comment on the girl’s swimwear! School outings? mixed gender trips should be avoided, Arabic lessons? Of course! Art lessons, Allah Forbid life drawing classes or portraits! And of course, Muslims must be able to withdraw from non-Islamic faith classes, nor should Muslim pupils be expected to participate in drama celebrating other religions such as Nativity plays or Diwali” - but all British pupils must learn about Islam. (Hat Tip: glenn1946)
• An article by Andrew Bostom discusses the effort bu the Texas Board of Education to modify the current status-quo concerning current High School textbooks that "politically-correct whitewashes of Islamic culture and stigmas on Christian civilization." (AT)
• The American Textbook Council, a nonprofit organization that reviews history and social studies textbooks utilized in U.S. schools, issued a  a comprehensive, evidenced-based 2008 report entitled "Islam in the Classroom-What the Textbooks Tell Us." This report observed, prominently, that the deficiencies in Islam-related lessons were uniquely disturbing, with history textbooks presenting "an incomplete and confected view of Islam that misrepresents its foundations and challenges to international security." It ends with a warning: "Islamic activists use multiculturalism and ready-made American political movements, especially those on campus, to advance and justify the makeover of Islam-related textbook content." (Ref. Andrew Bostom)
• New York State High School manual for teachers whitewashes Islam. It provides an "Islamic prespective" into history, and, worse, explicitly says that students who answer differently get zero mark   (NYPost; PJM) .
• Children learning how to behead infidels: The website Big Journalism has an article asking Why Won’t MSM Cover Islam? What Are They Afraid Of? The article addresses the MSM’s tacit approval of radical Islam by their reluctance to report what really goes on in the world of terrorism.This post shows a video used by radical Muslims to train their pre-pubescent boys in the art of beheading. This graphically evil video shows children training for Jihad beheading a man all the while praising Allah.
  

Early marriage and forced marriage

Early marriages, or child bride marriages, violate the 1989 U. N. Convention of the Rights of the Child. 


Even though early marriage is a practice that did not start with Islam, Islam has perpetuated it. Child marriage has been practiced in Muslim societies since the dawn of Islam. This phenomenon follows directly from the prophet Mohammed. When Mohammed, Islam's sole prophet and source, married 6-years old Aisha, later consummating the marriage when she was 9, he set an absolute precedent, since Mohammed is the example to be followed.

You have in (Muhammad) the Messenger of Allah a beautiful pattern of conduct for any one to follow [Koran 33:21].

That is why early marriage is endemic in Islamic societies. And, even though it is forbidden in several Muslim majority countries, it is still practiced as a religious right. Here comes the example of Mohammed again: if one claims that he is marrying a child following the example of Mohammed, who dares to say Mohammed was wrong?


Early marriage is a problem that comes associated with forced marriage since the girls would not have choice to avoid the situation.


There has been lots going on and been written about it. Let us end with this practice!


A site with lots of accounts of early and forced marriage is Women Living Under Islamic Law.


An article by Mary Robinson and Desmond Tutu entitled Ending child marriage helps communities across the developing world discusses it as a cultural problem that only happens in the "developing world". Well, it is also a religious problem, and who knows what is happening now in the several Islamic enclaves in Europe (e.g., the no-go zones of France)? It is good to discuss it nevertheless.


Philippines: Early marriage puts girls at risk.


UK: forced marriage of LGTB.


There are more examples elsewhere. Just google early marriage or forced marriage.

• Wales, Mar 2011: forced marriages, honor killings at record high (BBC).
• US, Mar 2011: 13-Year-Old California Runaway: Fleeing Forced Marriage (MSNBC)
• Saudi Arabia, 2009: The Saudi daily 'Okaz reported on August 25, 2009 that the father of a 10-year-old girl had removed her from her aunt's home, where she had been hiding for 10 days, and brought her back to her husband, who, according to the girl's relatives, is 80 years old (Hudson New York).

Movies on Islam (some available on the web)

A few movies that I consider among the best on Islam-related issues

Farewell Israel  This is in my opinion the best movie available because it puts Islam into historical perspective since its creation by Mohammed until today. Worth watching.
http://www.youtube.com/watch?v=cb9eAoBy-TM

Islam: what the West needs to know http://www.whatthewestneedstoknow.com/

            Full movie: http://www.youtube.com/watch?v=krvCQbzPKiI
  A series of interviews on Islam. Very good and freely available!

Obsession http://www.obsessionthemovie.com/

            Full movie: http://www.youtube.com/watch?v=AediQLpoGGM Freely available

Pierre Rehov’s http://www.pierrerehov.com/films.htm

            Holy Land: Christians In Peril.

            The Road to Jenin.

            Silent Exodus.                    

            Hostages of Hatred.

From the River to the Sea.

            First Comes Saturday then Comes Sunday.

            Suicide Killers.

The Armenian Genocide – Andrew Goldberg (2006)

Trailer: http://www.youtube.com/watch?v=J3r35ycecjk

The devil came on horseback – Brian Steidle (2007) – Darfur Genocide

Trailer: http://www.youtube.com/watch?v=498tOlnBQBY

The Stoning of Soraya M. http://www.thestoning.com/

Trailer: http://www.youtube.com/watch?v=uWbdn5YfMJs

Homegrown Jihad

http://www.christianaction.org/store/comersus_viewItem.asp?idProduct=19

Hate Speech on Campus – http://www.standwithus.com/STORE/?CID=2

Muslim Brotherhood

Muslim Brotherhood motto: "Allah is our objective; the Prophet is our leader; the Quran is our law; Jihad is our way; dying in the way of Allah is our highest hope."

Two references on The Muslim Brotherhood.

There was a show on CBN News, Stakelbeck on Terror - The Muslim Brotherhood in America.

An article by Moshe Dan, in the American Thinker, called: The Muslim Brotherhood: Islam's Global Challenge to the West:

The Muslim Brotherhood (MB) is one of the most dangerous Islamic groups in the world today, not only because it supports terrorism -- providing political and financial support for its  Palestinian branch, Hamas, for example -- but because it is part of a global Islamist network and promotes an ideology that encourages extremism and terrorism.

With branches in seventy countries and linked to major Islamic organizations, the MB has an extensive and well-financed network of educational, social, and cultural institutions which promote a strategic MB plan for Islamic dominance -- not through violence, but integration, becoming part of the national social and political life, and the application of Shariah law. These connections give it access to political power and explain why it and the organizations it supports are courted by governments and NGOs. Jean-Pierre Filiu of the Hudson Institute:

The Muslim Brotherhood ... has for reasons both ideological and tactical tended in recent decades to embrace a more limited conception of jihad combined with missionary activity and organized political struggle.

Hillel Fradkin, director of the Hudson Institute's Center on Islam, Democracy and the Future of the Muslim World, notes that the MB, founded in Egypt in 1928, is the source of modern radical Islamic movements and an important part of Muslim communities around the world. The takeover of the Gaza Strip by Hamas changed the picture. For the first time, the MB had its own territory, a virtual state, and an army. Filiu:

The Brotherhood-offshoot Hamas, which since 2006 has officially ruled over the Gaza strip, is the first Palestinian militia to consistently limit its activities to the territory of pre-1948 Palestine-meaning Israel, the West Bank and Gaza... In the process of consolidating its power, [it] subsequently repressed Gaza's al-Qaeda-inspired groups. Nowadays, al-Qaeda's ongoing conflict with Hamas has become one of the main liabilities to al-Qaeda's propaganda and its efforts to establish itself as the leader of the worldwide jihadist movement.

According to an MB document written in 1991, its role in host countries is a process of settlement called "Civilization-Jihad," which will "eliminate and destroy Western civilization from within" and establish a "global Islamic state." To accomplish this, through mosques and Islamic centers, the MB engages in "coalitions," "absorption," and civic "cooperation," building parallel social, political, and cultural organizations. Its guiding principles are those of Hasan al-Banna, who established the Egyptian MB movement and was closely allied with the Nazis.

The North American Connection

The most comprehensive study of the Muslim Brotherhood in the United States is Steven Merley's monograph published by the Hudson Institute (April 2009). He concludes:

[The MB's] extensive history of support for Islamic fundamentalism, anti-Semitism, and support for terrorism ...  includes ideological, financial, and legal support, particularly for Hamas and other Palestinian terror organizations.

MB affiliate organizations like the Council on American Islamic Relations (CAIR) -- which grew out of the Islamic Association of Palestine (IAP), a front group fund-raising for Islamic jihad and Hamas terrorist organizations -- are not outgrowths of popular or communal expressions, like Christian and Jewish organizations, but instead are self-appointed representatives, combining a volatile mix of religion and politics. Most MB organizations are funded by Saudis and Gulf States, representing non-American, predominantly Arab Muslims.

With over thirty branches in North America, CAIR presents itself as the largest "Muslim civil rights organization," seeking to "enhance understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding." A few years ago, CAIR was included in a list of unindicted co-conspirators alleged by prosecutors to have participated in a conspiracy to funnel money to Hamas through the Holy Land Foundation.

Daniel Pipes and Sharon Chadha write,

Perhaps the most obvious problem with CAIR is the fact that at least five of its employees and board members have been arrested, convicted, deported, or otherwise linked to terrorism-related charges and activities ... CAIR has a key role in the 'Wahhabi lobby' -- the network of organizations, usually supported by donations from Saudi Arabia, whose aim is to propagate the especially extreme version of Islam practiced in Saudi Arabia ... CAIR has consistently shown itself to be on the wrong side of the war on terrorism, protecting, defending, and supporting both accused and even convicted radical Islamic terrorists.

The Muslim Student Association (MSA), the largest Muslim campus organization, with more than 250 chapters at nearly every university, was also initiated by the Muslim Brotherhood. Although the MB's current involvement is unclear, the agenda is similar. Engaged in protests against Israel and disrupting pro-Israel speakers and forums, assisted by left-wing student organizations, and, of course, tolerated by administrators, this explains the upsurge of hostility towards Israel; opposing America's involvement in Iraq, Afghanistan, and Pakistan; and "American imperialism." Not limited to campus activities, however, in 1981, the MSA and MB morphed into the Islamic Society of North America to carry on its "after-school" activities. 

Saudi prince Alweed Bin Talal is a major financier of Muslim Brotherhood fronts in the U.S. via his Kingdom Foundation, which supports the American Society for Muslim Advancement and the Cordoba Project, backers of the "Ground Zero Mosque.

In the early 1990s, following the Oslo Agreements between Israel and the Palestinian Authority, the MB formed several organizations which opposed any peace agreement. The Muslim American Society describes itself as a civic group, involved in "religious, charitable, social, cultural, and educational" affairs, working to improve "family and society" and "move people to strive for God consciousness, liberty, and justice and to convey Islam with utmost clarity. Its vision is a "virtuous and just American society."

Its fundamentalist ideology and political activities, however, don't fit its lofty words and ideals. According to reports, the Muslim American Society's goal is the radical transformation of America into a Muslim society under strict Shariah law.

The Islamic American University, a MAS project, is a training center for the MB philosophy, associated with Sheikh Yousef al-Qardawi, who promotes jihad, proclaims that Muslim forces fighting American troops are "martyrs," and supports Arab Palestinian terrorist organizations, like Hamas.

MAS publishes a magazine, The American Muslim, which supports suicide bombings as "martyr operations" sanctioned by the Qur'an, and portrays Asian Muslim terrorists as "freedom fighters."

With all of this information available, one would think that U.S. government officials would be concerned about the activities of these MB-supported organizations. Instead, they are feted by the White House and supported by the State Dept and CIA, according to www.globalmbreport.com, which systematically tracks the MB.

"Their allure," according to counter-terrorism researcher Steve Emerson, "to governments and non-Muslim agencies in foreign countries is that these MB groups have a monopoly on the leadership and representation of  most Muslims, due to the fact that the MB in the Muslim world occupies the center of political and religious gravity and does not tolerate dissent." And it can, when necessary, call upon its adherents to act, using "soft power," rather than "hard power," to influence.

Take over the world

The MB is a critical part of a vast Islamic movement that uses a religious identity to mask its political agenda. Represented by hundreds of social, political, and cultural organizations and banks and financial institutions in the United States alone, the MB is able to infiltrate and exert influence on every aspect of national and international affairs.

According to Islamic expert Bat Ye'or, the MB (through its Muslim World League) is involved with the Organization of the Islamic Conference (OIC), a religious and political organization representing 56 countries (and "Palestine," which they consider a state under the PA) with a permanent delegation at the U.N. Like the MB, the OIC supports Islamist rule, which in other words is the establishment of Shariah (Islamic) Law and the rule of a Caliphate -- i.e., Islamic political and cultural takeover of the world. Because of their political and diplomatic role, however, they use a more subtle, incremental approach. 

In Jordan, the main opposition party, the Islamic Action Front, represents the MB's "political wing." Islamists, they call for a boycott of elections, hoping to topple the current government and assume control of Parliament. Although banned from politics in Egypt and Syria and accused of being behind terrorist attacks, the MB runs networks of social and charity organizations, giving itself a firm popular basis.

The MB is also a major opposition group in Egypt and will be decisive when Egyptian President Mubarak dies. Egyptian Brotherhood leader Mohammed Badie recently declared that "waging Jihad is mandatory."

The MB is also expanding in Canada, where they recently hosted "the largest Islamic conference in Montreal's history."   

A recent Pew Report on the Muslim Brotherhood in Western Europe documents its extensive network. Yet little or nothing is done to monitor and restrict these organizations and their influence in growing Muslim communities. The presence of so many MB organizations explains the widespread demonstrations against Israel and violent reactions to what are perceived as "insults to Islam." 

Lorenzo Vidino provides an excellent study of the MB in Europe:

The Brotherhood has long served as a key financial node for different Islamist groups, and the intelligence officials say that ... the Brotherhood has expanded its financial network of holding companies and bank accounts in almost every European country.

How it happened

The growth and spread of the global MB network appears to be the result of a carefully planned organizational strategy:

(1) Funded by Saudi Arabia, Gulf States, and wealthy Arab Muslim families, the MB promotes a strict interpretation of Shariah and Islamic rule through educational, social, and religious organizations; in schools, campus organizations, and study centers; and in Muslim professional and "civil rights" organizations. Their extremist brand of Islam in the West, based on Wahhabism and jihadism, however, is rarely exposed. 

(2) Focusing attention on the Palestinian issue, they joined with "liberal," "progressive," and anti-Jewish elements around the world, especially in the media, and now use their influence in the U.N. and international bodies and agencies to demonize, delegitimize, isolate, and boycott Israel.

Through a carefully planned strategy of deception -- masking their sources of support, activities, philosophy, and goals -- MB-sponsored organizations are able to present themselves as religious and/or civil rights groups and thereby avoid scrutiny. Numbed by words like "peace" and "justice," unable to understand Arabic used by clerics and in printed material, non-Muslims have little or no understanding of what goes inside mosques and Muslim social and cultural centers and are unaware of the threat posed by the Muslim Brotherhood.

Though some academics and government officials try to portray the MB as "moderate," the facts prove differently. "The MB actively seeks to destroy America's status as a world power and to replace it with an Islamic power whose foreign policy will be based on jihad and the spread of Islam."

What can be done?

The first step in countering the MB is identifying their organizations. In addition to those cited above, here are some of the most prominent in the U.S. that have been linked to MB:

Islamic Society of North America (ISNA)

Fiqh Council of NA (FCNA) (formerly American Muslim Council)

North American Islamic Trust (controls most mosques)

Muslim Youth of North America

Association of Muslim Scientists and Engineers

PAC's and Muslim chaplains programs (in prisons, military and schools)

Islamic Medical Association

American Trust Publications

Islamic Circle of North American

International Institute for Islamic Thought (IIIT)

Association of Muslim Social Scientists

Charity foundations, like Kind Hearts, and HolyLand Foundation (now closed), The Union of Good, which assisted the IHH, a Turkish "charity" that backed the "Gaza flotilla," and supports terrorism, Islamic Relief USA and Mercy USA, and thousands more.

Follow the money.

With thousands of affiliated organizations in America, and perhaps millions around the world -- well-organized, accepted as part of the academic community and by religious and political leaders, operating within democratic systems, financed by radical jihadists, and supported by many in the international community -- the MB is a formidable threat. It are vulnerable, however, when exposed -- and that is a task which everyone can share.  

Global jihadist groups

In the late 1970s, as the Egyptian-Israeli peace agreement was taking shape, a new terrorist organization was formed by members of the MB in Egypt: Islamic Jihad. The name was chosen to justify terrorism in the name of Islam -- not only as a PLO tactic, but to attack anyone, anywhere, including one's own family, without approval from any authority. Like other totalitarian movements, it was intended to break traditional discipline and encourage terrorism as a religious obligation.

Islamic Jihad (IJ) was declared a terrorist organization by the United States in 2005, and later by the EU, U.N., and other countries despite the fact that it had been carrying out terrorist attacks for more than a decade -- primarily against Jews in Israel.

IJ is reported to receive funding from Saudi Arabia and other Arab countries; it is currently based in Syria, but today it is funded mostly by Syria and Iran. Members of the Palestinian Islamic Jihad work with Hamas and Fatah (PA); it has no direct ties to MB. IJ is also active in Uzbekistan, Pakistan, and Afghanistan, and other areas in the region.

American Muslims need to take seriously why their non-Muslim neighbors are suspicious, just as those neighbors must be careful of prejudice. Hiding agendas and intentions are as bad as bigotry. 

Underestimating the message and influence of the Muslim Brotherhood is a threat to global, and especially Western, security. That is the message of 9/11 and terror attacks in London and Madrid. It is a message we ignore at our peril. 

Mohammed: Islam’s Achilles heel

The following is a comment posted by "Infidel Alliance" elsewhere on the blogosphere. Could have not said it better myself.

Muhammed is Islam’s Achilles heel, and Muslims know it.

As Goebbels infamously proclaimed “If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”

The great lie that Muhammed was some kind of holy man, a moral role model with a direct connection to God is the biggest fraud ever perpetrated upon humanity. It is a massive lie that is propagated by Islam’s power to repress inquiry, dissent and the truth by fear, intimidation and violence.

But the truth about Muhammed cannot be suppressed, because the truth can be found in the Islamic ‘holy’ texts, the Koran, Ahadith and Surah Rasul Allah, recorded in black and white for the whole world to discover.

The Koran 68:4 upholds Muhammed as “…an exalted [standard of] character.” Islamic tradition upholds Muhammed as ‘al-insan al-kamil’ or ‘the perfect man’, to be emulated by all Muslims.

But the hard truth about Muhammed, as recorded in the Islamic ‘holy’ texts, is that far from being a a ‘holy prophet’ Muhammed was a sadistic sociopath, a 7th century Arabian Hitler – only worse, a successful Charles Manson, only creepier and more evil.

Muhammed was a murderer, torturer, amputator, decapitator, mutilator, slaver, looting stealing thief, rapist, human trafficker, sex trafficker, child rapist, sexual deviant, misogynist, perfidious liar, genocidist and self proclaimed terrorist.

By any objective standard, Muhammed was one of the most vile and disgusting men in the pantheon of human history, a brutal barbarian, a self important narcissistic consumed by unquenchable sexual lust, greed and power.

Muhammed should have been incarcerated not venerated, and he should be reviled not revered.

Every pathology that afflicts Islam comes directly from this sick man, Muhammed, and the world suffers because of him.

This is the man who inspires Muslims?? Muslims must be challenged to defend their barbarian prince, to defend the indefensible. They can’t…and they know it.

“Allah said, ‘A prophet must slaughter before collecting captives. A slaughtered enemy is driven from the land. Muhammad, you craved the desires of this world, its goods & the ransom captives would bring. But Allah desires killing them to manifest the religion.’”- Ibn Ishaq:327

Allah’s Apostle Muhammed said “I have been made victorious with terror.”- Bukhari (52:220)

Of consequence, Osama bin Laden’s full name is Osama bin MOHAMMED bin Awad bin Laden.

These men are also named after the ‘holy prophet’ of Islam:

1) MOHAMMED Atta, 9/11 airline jihadist

2) Abdulhakim Mujahid MUHAMMED, Little Rock recruiting center assasin

3) MOHAMMED Reza Taheri-azar, UNC SUV jihadist

4) MOHAMMED Ajmal Amir Kasab, Mumbai jihadist

5) Husayn MUHAMMED al-Umari, Pan Am Flight 830 bomber

6) Fahd MOHAMMED Ahmed al-Quso, USS Cole bomber

7) Khalid Sheikh MOHAMMED, beheader of Daniel Pearl

8 ) MOHAMMED Sidique Khan, London Tube suicide jihadist

9) Ramzi MOHAMMED, convicted London Tube jihadist

10) Whabi MOHAMMED, London Tube ‘5th’ bomber

11) Fazul Abdullah MOHAMMED, Tanzanian embassy bomber

12) MAHMOUD Ahmadinejad, despotic Shia leader of Islamic Republic of Iran

13) MOHAMMED Bouyeri, savage Islamist killer of Theo Van Gogh

14) MOHAMMED Ali Hamadei, airline hijacker

15) MOHAMMED Safady, Munich Olympics terrorist

16) AHMAD Marrouf al-Assadi, Achille Lauro hijacker

17) MEHMET Ali Ağca, Islamist who attempted to assasinate Pope John Paul

18) MOHAMMED Atif Siddique, Scottish terrorist conspiritor

19) Kafeel AHMED, Glasgow Airport bomber

20) Abdulla AHMED, ‘Liquid’ bomber

21) John Allen MUHAMMED, mass murdering sniper

23) MOHAMMED Haydar Zammar, al-Qaeda recruiter who assembled the Hamburg cell

24) Jaish-e-MOHAMMED, Pakistani jihadist terror organization

25 & 26) Abdirahman Mohamud Ahmed, 25, and Wissam Mahmoud Fattal, 33, NSW Australia jihadists

Mohammed…..Muhammed….Mahmoud….Mehmet….Ahmed…..and on, and on, and on….

All slaughtering in the name of Islam, Allah and Muhammed.

Sharia - Crime and Punishment in Islamic Law

Canada Free Press published on line an article by Kelly O'Connell entitled "Crime and Punishment in Islamic Law." A very nice discussion making a companion to another article called "Non-believers under Islamic Law."

Is American Law Really the Same as Muslim Shari'ah, As Ground Zero Mosque Imam Rauf Boasts?

This article examines classic Islamic law, the “Shari’ah,” regarding crime and punishment. Recently, the “Ground Zero Imam” Egyptian Feisal Abdul Rauf claimed Muslim and American law were essentially the same. He said, “What’s right with America and what’s right with Islam are, in fact, very much in sync…I call America a Sharia compliant state.” But what would being a “Shari’ah compliant state” really mean? To understand this, we need to study the details of Shari’ah law.

One way to better understand Muslim Shari’ah law, is by taking a particular sub-category, such as crime and punishment, to see how Islam treats these topics. While analyzing this issue, the reader will undoubtedly begin to realize Shari’ah and American law are not so similar, and that perhaps Rauf is wildly bluffing (or something else). He claims American law is similar to Muslim because they are both “from God,” while ignoring the fact mankind has created many Gods over millenniums, each mostly opposed to the rest.

Of course, Islamic views of crime and punishment have shifted occasionally over the centuries, and the Shari’ah varies between regimes and Muslim schools. This essay gives a general picture of the Shari’ah on these topics.

I General Introduction to Islamic “Shari’ah” Law

The foundation of Islamic Shari’ah law is the Qur’an; combined with the Sunna, or the Prophet’s model behavior; the consensus of the four schools (Ijma), and analogical reasoning (Qiyas), according to Shari’ah: The Islamic Law by Abdur Rahman I. Doi. These sources are considered divine.

The Qur’an is believed to have “co-existed with God Himself in a heavenly book, known as the ‘Mother Book’” written in Arabic from all eternity,”[a] writes David Forte in Studies in Islamic Law; Classical & Contemporary Application.

The Shari’ah seamlessly combines public, private and religious law, featuring elements of ancient codes, such as revenge. For instance, at a public execution for a crime against a person, the victim will normally be present in the crowd, viewing the impending death. The punishment is owned by the victim or their kin, and only they can stop the killing from taking place, normally by acceptance of blood-money (diya).

II General Description of Shari’ah Criminal Law

To Western eyes, the Shari’ah presents a disorganized and incomplete description of Criminal Law. According to Joseph Schacht, in Introduction to Islamic Law,

There exists no general concept of penal law in Islam. The concepts of guilt and criminal responsibility are little developed, that of mitigating circumstances does not exist; any theory of attempt, complicity, of concurrence is lacking. On the other hand, the theory of punishments, with its distinction of private vengeance, hadd punishments, ta’zir, and coercive and preventative measures, shows a considerable variety of ideas.

As Forte points out, one cannot actually say there is a modern Muslim penal code, writing, “Islamic law does not possess a concept of penal law comparable to that of modern systems. Instead, it categorizes its offenses by the types of punishment they engender.”

Therefore, in terms of punishments, there are five basic categories. Behavior with a specifically prescribed punishment is under hadd. Discretionary punishment for various acts are under ta’zir, where the judge sets whatever penalty he chooses. Personal revenge, where retaliation or blood-money (diya) is applicable, is under jinayat. Offense against the state receive administrative penalties, or siyasa. And crimes where the appropriate, or chosen response, is personal religious penance, are under kaffara.

III Criminal Procedure

Shari’ah legal procedure is a somewhat counter-intuitive process. Rules for choosing the proper court and applying correct procedures, essential for American Due Process, are virtually non-existent in Islamic law. Rudolph Peters writes in Crime and Punishment in Islamic Law,

There are very few general principles in Islamic criminal law. The classical books of fiqh do not contain chapters dealing with general notions or rules. Those that exist are either mentioned in each chapter devoted to a specific crime or they must be found by deduction.

The most important local players in the Muslim legal system are the judge (qadi), the police (shurta), and the Islamic “inspector of the market” (muhtasib), says Schacht. The latter is an official who made sure weights and measures were accurate, but also became a keeper of public morality and justice, including overseeing the police force. The muhtasib controls the system, but the qadi is independent in his decisions. Yet, the state at the highest levels may legally intervene at any time and make political decisions involving the accused which completely derail justice.

Police may beat suspects, not to extract a confession, but merely remind the accused his duty to be truthful, according to There was no office of public prosecution under classic Shari’ah doctrine, although the muhtasib occasionally came to fill this roll as defender of public morals. Most cases were launched by private prosecutions from victims. Only verbal testimony (shahada) is considered evidence, with exceptions made for proof made by smell of alcohol for drunkenness or pregnancy indicating illicit sexual activity. Written documents are merely allowed as memory aids.

IV Muslim Criminal Law Theory

A quintessentially religious law, Shari’ah has set penalties, known as hadd—called “exemplary punishments” (Qur’an 5:38). These are performed in public to remind residents the wages of evil. Retribution is an important part of Muslim punishments, using the standard of Lex Talionis, ie “eye for an eye,” to measure punishment. For example, the murderer should be executed in the same manner his or her victim was dispatched. The Discretionary Punishments (ta’zir) are especially meant to return offenders to the gilded path of Allah.

V Specific Religious Crimes & Punishment Under Islamic Law

The state is generally responsible for criminal punishment, with a few exceptions, writes Peters. The prosecuting next of kin are allowed to personally deliver the death sentence in the case of murder. Also, a slave should be punished by their master, with the exception of amputations, which state executioners enforce. All criminal sentences are to be carried out immediately upon pronouncement, unless a compelling reason exists not do so.

Were an offender to commit several different crimes which cannot be punished at once, a weight-list is used to decide which comes first. Writes Peters,

If a person, having committed several crimes, is sentenced to a number of different penalties, each of them must be carried out. If this is physically impossible, the authorities must first execute those sentences that are founded on the claims of men and then those resulting from the claims of God…If a person has been sentenced to the removal of his eye by way of retaliation, to eighty lashes for slander, to a hundred lashes for unlawful intercourse and to the amputation of the right hand, the head of state or his agent must first carry out the gouging out of the eye because that is the claim of a man, then imprison him until the wound has healed, then carry out the punishment for calumny, etc…

A. Hudud Religious Punishments

Forte describes the religious Hadd crimes, writing “Islamic law denotes five “Quranic offenses” which are regarded as offenses directly against Allah and which compel specific punishment.” These crimes are Unlawful Intercourse (Zina), False Accusation of Unlawful Intercourse (Kadhf); Drinking of Wine (Shurb); Theft (Sariq), and Highway Robbery (Qat’ Al-Tariq).

1. Unlawful Intercourse—Zina: This occurs when a person has sexual relations with anyone not their spouse, nor a concubine (Shari’ah accepts sexual slavery). Technically, adultery is not a crime as no woman has exclusive rights to her husband, and the husband has no exclusive bond with his wife, despite this being an offense against Allah. The crime of Zina can also occur if a man takes and sleeps with a fifth wife while the four previous yet live, weds a close relative or girl before she undergoes puberty, or commits necrophilia, writes Forte.

Proof of Zina must be provided by four adult Muslim males or a confession. The crime should have occurred within the last 30 days. On a discrepancy of testimony, of even a technical irregularity, the four can then receive the punishment for Zina themselves. Peters explains that if a man has sex with a slave not his, he owes her master a fine. A woman who reports a rape but cannot prove it occurred via four witnesses can then be prosecuted for Zina with her unproved accusation acting as a confession.

Zina Penalty:

The punishment here can be stoning, lashing, or both, depending upon the school. A stoning should only be applied to one convicted of unlawful intercourse, who is mentally competent, is a free person, and has already experienced lawful sexual relations in a marriage. For all others, it is either one 100 lashes for a free person, or 50 for a slave. All homosexual relations fulfill the Zina requirements, although the penalty is simply death instead of whipping, according to Peters.

2. False Accusation of Unlawful Intercourse—Kadhf: This occurs when a competent adult slanders another competent adult, who is a free Muslim, with false charges of Zina. Claiming someone is illegitimate also qualifies. Proof for this occurs via normal Islamic means, using oaths of witnesses, or by confession. Under a special rule, a husband may charge his wife with infidelity without risk if he uses the li’an procedure, which Forte describes as “...if he swears four times by Allah that he is speaking the truth and, at a fifth oath, calls down a curse upon himself if he is lying.” The woman, as a defense, may repeat the exact procedure. If either one refuses the li’an, they are considered guilty, ipso facto, and receive the lashes.

Kadhf Penalty: The punishment for kadhf is 80 lashes for a freeman, or 40 for a slave.

3. Drinking of Wine—Shurb: Alcohol was not originally illegal but became so after Muhammad was appalled at the drunkenness of Arab society. The law also applies to any other intoxicant or drug. Proof can be provided by a confession, which can then be withdrawn at any time without penalty. Or witnesses can attest seeing the accused drinking, smelled alcohol on his breath, or observed him soused.

Shurb Penalty: The penalty for intoxicant imbibing is 20-40 lashes.

4. Theft—Sariq: This must be a crime of theft involving removal by stealth of an item owned by another of at least a certain value, kept in a locked area or under guard (hirz), says Peters. For example, removal of a gold coin stored in an animal stable would not qualify. This crime should be prosecuted by the government.

Sariq Penalty: Amputation of the right hand, as based upon Qur’an 5:38; although the Shiites allow just four fingers of the hand amputated, according to Peters. A second, third and fourth conviction can remove all such appendages.

5. Highway Robbery—Qat’ Al-Tariq: The Arabs considered this the most serious kind of crime as it threatens the calm and order of all society, according to Forte. Two types of evil are covered here. The first is robbing travelers from distant places; whereas the second is armed assault into a private home. Even non-Muslims are protected under this law. There must be at least a holdup which occurs outside the city for the penalty to apply to banditry, states Peters. The perpetrator must be of superior force to the victim, and so women do not qualify.

Qat’ Al-Tariq Penalty: The first conviction for this offense merits the amputation of the right hand and left foot of the wrong-doer, although some schools allow a simple deportation if no harm occurs. The second results in amputation of the left hand and right foot.

Says the Qur’an at 5:33,

The just retribution for those who fight GOD and His messenger, and commit horrendous crimes, is to be killed, or crucified, or to have their hands and feet cut off on alternate sides, or to be banished from the land. This is to humiliate them in this life, then they suffer a far worse retribution in the Hereafter.

VI. Other Shari’ah Crimes, Punishment, & Blood Money

A. Ta’zir Penalties

Discretionary penalties, or Ta’zir, are punishments delivered at the qadi’s subjective decision. The purpose is to punish acts against man and God, and sometimes includes reparation and repentance, writes Forte. These punishment vary in severity:

1. Private admonition to the guilty party, sometimes by letter;

2. Public reprimand in court;

3. Public proclamation of the offender’s guilt;

4. Suspended sentence;

5. Banishment;

6. Flogging;

7. Imprisonment;

8. Death.

Forte says many crimes are covered by Ta’zir that for some reason have eluded Hadd penalties, such as apostasy (ridda —although some schools consider this hadd), wine selling, homosexual activity, bodily harm or murder, bestiality, perjury, slander and usury.

B. Fines & Blood Money

Fines are paid to the state, whereas blood-money (diya) goes to a victim or kin, based upon his blood-status. Bloodprice is the victim’s worth, only calculable against that of the accused, which controls the punishment. A person cannot receive retaliation for killing a person of a lower bloodprice. For example, a Muslim cannot be executed for murdering a slave or member of the protected classes, being Christians or Jews, deemed dhimmis, i.e. the People of the Book (Bible).

C. Public Scorn, Imprisonment & Banishment

A common punishment is public exposure to scorn (tashir). Achieved by shaving the culprit’s head, or covering his face with soot (especially for false witnesses) and parading him sitting backwards on an donkey, through the community, with a town-crier announcing his sins. Banishment (nafy, taghrib) is associated with two crimes—simple banditry and illegal sex. If a woman is banished for being sexually immoral, a male relative must travel with her to make sure she stays chaste. Imprisonment (habs) is not normally used for penal law, but as a means to encourage debtors to pay.

D. Retaliation

Retaliation for injuries (qisas ma dun al-nafs) comes as Lex Talionis, eye-for-eye punishment in the form of amputations, blinding, and infliction of wounds the victim received. A recent Saudi case involved a man sentenced to judicial paralysis for severing the spinal cord of another. This should not be done till the victim has healed, in case he dies.

E. Theft & Amputation

Muhammad probably borrowed amputation (qat) for theft from the pagan Quaraysh tribe, who inflicted this punishment on rival tribesmen caught stealing, says Forte. While Muslim jurists claim amputation is to prevent recidivism, it more likely originated as judicial revenge. The hand is removed at the wrist, the stump cauterized in boiling oil, at the criminal’s expense, and the hand can be hung around the thief’s neck for three days. Cross-amputation (al-qat min-khilaf) is a punishment for brigands, ie highway robbers.

F. Flogging (Jald)

Flogging by leather whip is a very common punishment under the Shari’ah. The executioner administers this penalty, but should not raise the whip arm above the shoulder. The more serious a crime, the harder the executioner should flog the criminal. For example, one convicted of illegal sex should be beaten more severely than one guilty of drinking alcohol. Men are whipped standing, women seated. Men are stripped to the waist, while women are allowed to keep on clothes. As advised in Qur’an 24:2, the punishment should be public. The blows are to be spread over the body, except for dangerous places, like the head or genitals, as the purpose for whipping is not death.

G. Executions: Beheading, Stoning & Other Means

There are many ways to execute a criminal under Shari’ah. Typically, the mode of execution is beheading by sword, as done at famed Chop-Chop Square in Riyadh, Saudi Arabia. But the crime defines the manner. For example, homosexuals are executed in typically dramatic fashion, by stoning, beheading, thrown from a high wall or building, hanging, immolated by fire, or buried alive (despite male homosexuality reportedly being rampant in the Middle East, according to Raphael Patai’s Arab Mind).

Execution may be used as retaliation, done by the kin of the victim, according to Qur’an 16:126 & 2:194, which calls for the murderer to be executed in the same manner as he killed his victims. Only if this would result in extended torture will the sword be substituted. The Government will inspect the proposed execution weapon and decide if the person can handle it properly. If not, then a substitute executioner will be arranged.

Death by Stoning (Rajm), or lapidation, is delivered by a crowd with the ultimate intent of killing the victim, writes Peters. The stones used should neither be too large, which would kill the criminal too quickly, nor too small, which would delay the job. The proper size is a stone which fills the hand. Women are to be dug into the earth up to their waists before the event. If the conviction is based upon accusations, the accusers are the first to throw. If the conviction is based upon a confession, the state representative is first to toss.

For Highway Robbery (Qat’ Al-Tariq), if a killing resulted during an attempted robbery, the punishment is beheading by sword. If a murder occurred during an actual theft, the punishment is execution by crucifixion (salb), the body left dying three days. Unlike a normal murder, the family of the victim cannot choose blood-money (diya) instead of execution.

Apostates may renounce Islam by word or deed, including rejecting axiomatic articles of faith, like denying Muhammad’s mission, fasting, or disrespecting the Qur’an. The apostate (ridda) is given three days to reflect, then put to death. Some schools only execute men, whereas the women are kept alive but flogged during the hours of prayer, according to Peters. Frank Vogel, in Islamic Law & Legal System: Studies of Saudi Arabia states that apostates are beheaded in Saudi Arabia before huge crowds on Friday afternoons, in the public square, directly after prayer time has ceased.

Dhimmis, as Christians and Jews, have no inherent rights or status under the Shari’ah, being harbis, or enemy aliens, naturally at war with Islam. It is only by way of the jizyah, or yearly treaty of war tax, that these can qualify for temporary protection. Should a dhimmi lapse in protection, they can be killed on the spot and their property taken without recompense, according to Schacht. Further, any persons not Muslim or dhimmi are considered pagans and are to be instantly killed under classical shari’ah doctrine.

Conclusion

Even the simplest person can deduce that classical Islamic Shari’ah law cannot possibly fit into the modern world anywhere on the globe. But it is especially impossible to apply this system in America, the land that created modern religious freedom, and let millions escape oppression. Most alarming, the Islamic law does not change to fit into other cultures, but is always offered as a “perfect gift,” delivered at the edge of a sword.

Is it not the most obvious fact imaginable that American law is a thousand times fairer and safer than Shar’iah? Therefore, what kind of a mentality would want to force so much injustice, punishment and destruction upon the American people—in the name of God &¬† the “Religion of Peace”? That Rauf claims this antiquated, unsophisticated and brutal legal system agrees with American law and society says much more about his intentions for his Ground Zero mosque than it does any other topic he will ever discuss.

[a]This idea cannot help but evoke John’s description of the pre-incarnate Christic Logos (Word), “In the beginning was the Word, and the Word was with God, and the Word was God…No one has seen God at any time; the only begotten God who is in the bosom of the Father, He has explained Him…” (John 1:1; 18). Undoubtedly, such imagery influenced Muhammad’s fertile imagination when rendering the Qur’an.