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Friday, August 26, 2011

Inside the Islamophobia Network

Inside the Islamophobia Network Muslims and their dhimmis are kvetching & caterwauling over what they perceive as a right wing extremist campaign to divert attention from the important items of their Socialist agenda  by seeking laws to bar Shari'ah from American courts.  Thanks and a tip of the hat to Bare Naked Islam for bringing this to my attention.


Inside the Islamophobia Network has a video in which snippets of remarks by several experts  are used to create a false image of superficiality.  The most accessible handbooks of Shari'ah run in excess of 1000 pages. The experts can't tell us everything in a few seconds of air time. 



agenda: demonize Muslims

    The "experts" called Shari'ah a threat, they accurately described it, they  did not declare it satanic nor did they attach that label to Muslims.  Shari'ah is a system of law based on the Qur'an & hadith.  Many provisions of Shari'ah are not compatible with our Constitution.

link to terrorism

    Terrorism is a battle tactic1, the battle is part of jihad.  Jihad is defined in Reliance of the Traveller, Book O, Chapter 9, which also describes the communal religious obligation to perform it annually.  It describes the caliph as making war against Jews, Christians & Zoroastrians10 until they are subjugated and pay the jizya. It describes the caliph as fighting all other peoples until they become Muslim.

infiltration of Shari'ah

    Shari'ah courts are operating in England, but not here, of course; it can't happen here. "This Shari'ah law business is crap". So Says Governor Christie..  But CSPI has a surprise for you: in the last three decades, fifty court cases have involved Shari'ah.

Shariah Law and American State Courts: An Assessment of State Appellate Court Cases
Version 1.4 / June 21, 2011 (PDF, 635 pages, 2.4 MB)

The Center for Security Policy’s report, Shariah Law and American State Courts: An Assessment of State Appellate Court Cases evaluates 50 Appellate Court cases from 23 states that involve conflicts between Shariah (Islamic law) and American state law.


The facts are the facts: some judges are making decisions deferring to Shariah law even when those decisions conflict with Constitutional protections.


Table 1 on page 44 enumerates the cases by state.
Table 3 on page 46 lists cases by category.
Table 4 enumerates compliant and non-compliant trial court decisions.
Table 5 enumerates compliant and non-compliant appellate decisions.
Table 6 on page 47 lists the conflicts by country of origin.

    Twenty one cases dealt with marriage law and seventeen with child custody. 

its crap!

    The crap is flowing from the mouths of the smug, smarmy, holier than thou self-righteous deniers of objective factual reality.  Shari'ah has been admitted to American courts already. Seventeen cases involved child custody. Do you have a clue concerning the relevant provisions of Shari'ah?  I have some clues for you.

    This is not hate speech. This is not demonization. This is not Islamophobia. This is exposing a significant sample of the provisions of Islamic law so that you can see and understand them.  I am providing quotes and links to source documents so that you can delve as deeply into them as you like.  Reliance of the Traveller, Books  M & N regulate marriage and divorce.

This partial table of contents comes from page 508 of the text, page 526 of the pdf.
Child Care and Custody m13.0
Meaning of Child Care mB.O(O:)
Precedence Order of Who Deserves Child's Custody m13.1
Conditions for Eligibility to Have Child Custody m13.2
Non-Muslim Day-Care Centers, Schools, Etc. m13.3
A Woman Who Remarries Loses Right to Custody m13.4
Older Children Decide Which Parent to Stay With mB.5


    Now we are going to get down to some gritty detail. There is blessed good reason why Shari'ah should not be enforced in our courts and I shall now expose you to it. 

Shari'ah denies custody to a secular mother

Shari'ah denies custody to a Christian mother

 

 

m13.2 The necessary conditions for a person to
have custody of a child are:
(a) uprightness (def: 024.4) (0: a corrupt
person may not be a guardian, because child care
is a position of authority, and the corrupt are
unqualified for it. Mawardi and Ruyani hold that
outward uprightness (def: m3.3(f) is sufficient
unless there is open wrongdoing. If the corruptness
of a child's mother consists of her not performing
the prayer (sal at) , she has no right to
custody of the child, who might grow up to be like
her, ending up in the same vile condition of not
praying, for keeping another's company has its
effects);
(b) sanity (0: since a mother uninterruptedly
insane has no right to custody, though if her
insanity is slight. such as a single day per year. her
right to custody is not vitiated by it);
(c) and if the child is Muslim, it is a necessary
condition that the person with custody be a Muslim
(0: because it is a position of authority, and a
non-Muslim has no right to authority and hence
no right to raise a Muslim. If a non-Muslim were
given charge of the custody and upbringing of the
child, the child might acquire the character traits
of unbelief (kufr». {Emphasis added.}


    Under Shari'ah a divorced woman loses custody of her children if she does not perform Salat, if she remarries or if she is not a Muslim.   If you do not comprehend this, go back and read sections a, c & d again. 

Risala treats of custody in Chapter 33 on page 332 of the pdf. 
Maliki & Shafi'ite do not agree perfectly.

33.9b. Custody
After a divorce, the woman has custody of a boy until he reaches puberty
and a girl until she marries and the marriage consummated.
[This is the right of the mother, be she free or slave, Muslim, or Kitabi, sensible or
foolish according to Ibn 'Arafa. This right also pertains if she is widowed. The
girl's maintenance is owed by the father until her marriage is consummated.]
33.9c. Order of custody
After that if the mother dies or remarries, custody goes to the grandmother
and then the maternal aunt. If there are no female relatives of the mother,
then it goes to one of the sisters and paternal uncles. If there are none,
then the agnate relatives.
[Custody goes first to the mother's mother and then the father's mother.]


Hedaya, Volume I, page 138  on page 197 of the pdf, has this ruling, which indicates that re-marying would  void the mother's right to custody.

In case of separation, the care of the infant
children belongs to the mother, the right
of nursing and keeping it rests with the
mother, because it is regarded that a woman
once applied to the. prophet, sayiug, " 0,
prophet of God ! this 1s .my son, the fruit
of my womb, cherished in my bosom and
suckled at my breast, and his father is desirous
of taking him away from me into ,his
own care ;"-to which the prophet replied,
" thou hast a right in the child prior to that
of thy husband, so long as thou dost not
marry with a stranger :'


On page 139, page 198 of the pdf, there is another interesting ruling. A non-Muslim woman loses custody once the child is old enough to decide on religion.

And also an infidel mother the wife of a
Mussulman or female infidel
subject, married to a Mussulman, is entitled
to the Hizanit of her child, although  he be
a Mussulman like the father; but this only
so long as the child is incapable of forming
any judgment with respect to religion, and
whilst there is no apprehension of his imbibing
 an attachment to infidelity ; but when
this is the case, he must be taken from.the
mother, because, although it be for the child's
advantage to be under her care until that
period, his remaining longer with he might
prove injurious.


forced marriage

    Should a father be able to compel his pre-pubescent daughter to marry? He is, if Shari'ah is applied. 

m3.13 Guardians are of two types, those who
may compel their female charges to marry someone,
and those who may not.
(1) The only guardians who may compel
their charge to marry are a virgin bride's father or
father's father, compel meaning to marry her to a
suitable match (def: m4) without her consent.
(2) Those who may not compel her are not
entitled to marry her to someone unless she
accepts and gives her permission.
Whenever the bride is a virgin, the father or
father's father may marry her to someone without
her permission, though it is recommended to ask
her permission if she has reached puberty. A virgin's
silence is considered as permission.
As for the nonvirgin of sound mind, no one
may marry her to another after she has reached
puberty without her express permission, no matter
whether the guardian is the father, father's
father, or someone else.


    Risala rules on this issue in page 302 of the pdf.

32.2 The authority of the guardian
32.2a. A father arranging the marriage of a virgin daughter
A father can arrange the marriage of his virgin daughter without her permission even if she is
beyond the age of puberty. It is up to him whether he consults her or not.
[To whomever he wants for the dowry he wishes, even for less than a suitable dowry. He can give her
choice, and it states in al-Jawahir and elsewhere that it is recommended that he ask her permission.]


    Hedaya  covers this issue tangentially in Volume I, page 32, in the second column of Page 93 of the pdf

    I focused on the child custody issue because of its familiarity and critical importance. If your daughter marries a Muslim, gives you grand children and is divorced by tripple talaq, do you want the provisions listed above to determine who gets custody?  If your wife is raped, do you want her to be required to provide four male witnesses to prove it? What is your attitude toward being excluded from being a witness because you are not Muslim? 

    Shari'ah compliant finance is a related issue, requiring the payment of a 2.5% tax. 12.5% of that tax must be paid to those "fighting in Allah's cause" ie. terrorists. Do you give a damn? 

    Remember, "it's crap!"; it can't happen here, "nobody is demanding it"; except that there have already been 50 cases involving Shari'ah in state trial and appellate courts.   It will happen unless we rise up to put a stop to it. If your state has pending legislation to exclude foreign law, contact your legislators and ask them to vote for it. Contact your Congressman to ask him to co-sponsor and vote for H.R. 973.  Congress.org  lets you email your state and federal legislators without knowing their names or district numbers. You need only know your Zip Code. Sign up and send those emails today!
http://www.congress.org/


  1. Relevant ayat & ahadith:
    1. http://www.islamawakened.com/Quran/3/151/
    2. http://www.islamawakened.com/Quran/8/12/
      1. http://corpus.quran.com/wordbyword.jsp?chapter=8&verse=12
        1. (8:12:16)
          l-ruʿ'ba
          the terror
    3. http://www.islamawakened.com/Quran/8/57/
    4. http://corpus.quran.com/wordbyword.jsp?chapter=8&verse=60
      1. http://corpus.quran.com/wordbyword.jsp?chapter=8&verse=60
        1. (8:60:10)
          tur'hibūna
          (to) terrify
    5. http://www.islamawakened.com/Quran/33/26/
      1. http://corpus.quran.com/wordbyword.jsp?chapter=33&verse=26
        1. (33:26:12)
          l-ruʿ'ba
          [the] terror,
    6. http://www.islamawakened.com/Quran/59/2/
      1. http://corpus.quran.com/wordbyword.jsp?chapter=59&verse=2
      2. (59:2:32)
        l-ruʿ'ba
        [the] terror,
    7. http://www.islamawakened.com/Quran/59/13/
    8. http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/hadith/bukhari/007.sbt.html#001.007.331
    9. http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/hadith/bukhari/052.sbt.html#004.052.220
    10. http://www.islamawakened.com/Quran/9/29/
    11. http://www.islamawakened.com/Quran/8/39/