ISLAM

 

Shari’a Law

Lesson 9

 

Victor M. Eskew

 

INTRODUCTION

 

A.   Theocracy:

1.     It is a rule of law wherein God is recognized as the head of state.

2.     His law governs both the political and religious components of the nation.

3.     The Jewish law was a theocracy.

 

B.    Is Christianity a theocracy?

1.     Some may contend that it is.  However, the kingdom of God was never intended to be an earthly kingdom.

a.     John 18:36

 

Jesus answered, My kingdom is not of this world:  if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews:  but now is my kingdom not from hence.

 

b.    As a spiritual kingdom, it has as its only Head, Jesus Christ the Son of God (Col. 1:18).

 

And he is the head of the body, the church…

 

2.     God has established human governments to oversee the secular affairs of man.

1.     Romans 13:1-5

 

Let every soul be subject unto the higher powers.  For there is no power but of God:  and they that resist shall receive to themselves damnation.  For rulers are not a terror to good works, but to the evil.  Wilt thou then not be afraid of the power?  Do that which is good, and thou shalt have praise of the same:  for he is the minister of God to thee for good.  But if thou do that which is evil, be afraid; for he beareth not the sword in vain:  for he is the minister of God, a revenger to execute wrath upon him that doeth evil.  Wherefore ye must needs be subject, not only for wrath, but also for conscience sake.

 

2.     God commands His people to submit themselves to the laws of the government (I Pet. 2:13-14).

 

Submit yourselves to every ordinance of man for the Lord’s sake:  whether it be to the king, as supreme; or unto governors, as unto them that are sent by him for the punishment of evil-doers, and for the praise of them that do well.

 

3.     Christianity seeks to influence our leaders in the ways of righteousness. 

a.     Righteousness exalts a nation (Prov. 14:34).

b.    We understand that any nation that forgets God will be turned into hell (Ps. 9:17).

c.    NOTE:  Christianity does not seek to take over any existing form of govern-ment.  It can function under any government as long as that government allows the free practice of religion.

 

C.   Islam is a “theocracy”:

1.      Allah rules all.  He rules through Shari’a law.  “The Islamic cult does not recognize any form of government instituted by man, only a government that follows the laws of Allah. Such is the government of Saudi Arabia that forbids the existence of any religion other than Islam and arrests and prosecutes anyone who wears a cross or carries a Bible” (http://oldironsides-thesilentmajority.blogspot.com/2012/01/us-constitution-versus-islamic-sharia.html).

2.     “Without Sharia, Islam could not have survived, especially in conquered lands.  Islam has now become Sharia, and Sharia has become Islam.  They are inseparable for survival.  If Islam is a policeman, Sharia is his gun” (Darwish, 23).

3.     The only way for it to be practiced as it should is by overtaking the government of a nation and implementing Shari’a Law.  This is the goal for those who are Islamists, extremists, or terrorists within the Islamic religion.

4.     The more moderate Muslims want to practice it in their family life and religious life, and will push it as far as they can in the circles wherein they operate:  work, school, recreation, etc.

 

I.           DEFINITION OF SHARI’A LAW

 

A.   Literally:  the path to the watering hole

1.     In the desert, a watering hole was very important to life.

2.     The shari’a was the path to that watering hole.

 

B.    Spiritually

1.     The pathway, path to be followed, or the clear way to be followed

2.     The path upon which the believer has to tread

3.     The way to the source of life

 

C.   Qur’an 45:18 – “Then we put thee on the (right) Way of religion so follow then that (Way), and follow not the desires of those who know not.”

 

D.   Several derivatives of shari’a in the Qur’an.

1.     Shara’a – He ordained (Sura 45:13)

2.     Shara’u – They decreed (a law) (Sura 42:21)

3.     Shar’atun – Spiritual law (Sura 5:48)

4.     Sharatun – System of divine law, the way of belief and practice (Sura 45:18)

 

E.    “A long, diverse, complicated intellectual tradition, rather than a well-defined set of specific rules and regulations that can easily be applied to life situations” (Hunt Janin and Adred Kahlmeyer as quoted in www.wikipedia.com).

 

 

II.         THE SOURCES OF SHARI’A LAW

 

A.   Primary sources

1.     The Qur’an

2.     The example of Muhammad set forth in the Sunnah

 

B.    Secondary sources

1.     Fiqh jurisprudence interprets and extends the application of Shari’a law to questions not directly addressed in the primary sources.

a.     There are four schools of thought of fiqh within the Sunni Muslims.

b.    There are two schools of thought of fiqh within the Shi’a Muslims.

2.     The consensus of religious scholars embodied in ijma.  Various schools of thought within Islamic jurisprudence may define this consensus as that of the first generation of Muslims only; the consensus of the first three generations of Muslims; the consensus of the jurists and scholars of the Muslim world, or scholarly consensus; or the consensus of all the Muslim world, both scholars and laymen.

3.     The imams have some influence upon the determination of Shari’a Law.

4.     A ruler can have some impact upon the content of Shari’a Law in a nation.

 

III.       TOPICS OF SHARI’A LAW: 

 

A.  Quotes:

1.     “The most important aspect of Sharia law is total control of the large and diverse Muslim empire – everyone’s behavior, loyalty, mind, and even soul” (Darwish, 22).

2.     “Shariah is characterized as a ‘complete way of life’ (social, cultural, military, religious, and political), governed from cradle to grave by Islamic law” (http://nccs.net/newsletter/nov11nl.html).

 

B.    Areas of life Shari’ law governs:

1.     Purification

2.     Prayer

3.     Funeral prayer

4.     Alms

5.     Fasting

6.     Pilgrimage

7.     Trade

8.     Inheritance

9.     Marriage

10.  Polygamy

11.   Divorce

12.  Child custody

13.   Legal and court proceedings

14.  Penalties

15.  Leaving Islam/apostasy

16.  Dietary

17.  Liquor and gambling

18.  Customs

19.  Hygiene

20.  Rituals

21.  Dress Code

 

IV.        CATEGORIES OF HUMAN BEHAVIOR

 

A.   Obligatory (fard):  five daily prayers, fasting, articles of faith, obligatory charity, and the hajj (pilgrimage)

 

B.    Recommended (mustahabb):  proper behavior in marriage, funeral rites, and family life

 

C.   Neutral (mubah):  divorce

 

D.   Discouraged (makruh):  not sinful of itself, is considered undesirable among Muslims

 

E.    Forbidden (haraam):  these things are both sinful and criminal

 

V.          THE PROBLEM WITH SHARI’A LAW IN THE UNITED STATES

 

A.   If implemented in its entirety, it will overthrow the United States Constitution, the Constitutions of the States, and local charters that presently govern our society.

 

B.    There are places wherein Shari’a Law is being implemented and our laws are being neglected by our own law enforcement and even by the courts. 

1.     It is said that the Qur’an authorizes these enclaves:  Let there arise from among you a small group of people, inviting to all that is good. They enjoin the good, and forbid the evil, and it is they who attain success" (Surah 3:104).

2.     Some of our cities are now being referred to as “Sharia enclaves” (Dearborn, MI).

3.     “These efforts are designed to create Islamic autonomous areas, often with the expressed desire of incrementally bringing the host country completely under Sharia-based governance” (www.frontpagemag.com, “Sharia Enclaves in the West,” posted by Ryan Mauro).

a.     There are numerous examples of Sharia Enclaves in the United States: 

1)     Gwynn Oak in Baltimore, Maryland, founder, John Yahya Cason,  400 Muslims, first mosque built in September, 2009, “The Muslim population is composed of immigrants from Muslim communities and African Americans who have converted to Islam. According to Cason, "these two groups have cultural traits, but no cultural norms. The result is that Muslim communities are ruled by Western societal tenets, many of which clash with Islamic norms." Working through the community development center, Cason is in the process of developing Gwynn Oak, a Baltimore neighborhood with a defined geography, a standard religion (Islam), a clear set of moral norms and values, and a historical language (Arabic). The goal is to show Muslim children how to preserve Muslim religion and culture while living in a broader society”

(http://www.militantislammonitor.org/article/id/996).

2)     “The New Africa” (est. March, 2011) in Little Rock, AR that has a mosque, school, and 22 homes and no alcohol.

3)     South Philadelphia, Kenny Gamble, the community’s found stated:  "We are not just here for Universal, we are down here for Islam" http://www.danielpipes.org/blog/2007/11/is-kenny-gamble-building-a-muslim-only).

4)     Islamberg, NY (1980) is a Sharia Law community with about 100 residents.  The sign at the gate of the community reads:  “Welcome to Holy Islamberg, The International Quranic Open University.”

4.     “One group leading the effort to establish Islamist communities within the U.S. is As-Sabiqun, led by an extremist cleric named Imam Abdul Alim Musa” (www.carnageandculture.blogspot.com, “Sharia Enclaves in the West”).  The following is a quote from the website of As-Sabiqun in the Mission and Goals section:

 

Through our work and sacrifice, we hope to become a model “Islamic community.” We define an Islamic community as one which is self-sufficient, independent, and well-guided. A community in which true brotherhood and sisterhood is clearly defined and practiced. We do not, however, limit ourselves by defining “community” as one geographical location. Instead, we intend to establish, with the help of Allah, multiple masjid-centered communities across the country.

 

5.     “The most successful organization in the enclave movement within the U.S. is Muslims of the Americas. The group boasts of having 22 “villages” around the country, with some being dozens of acres large” (Ibid.)

 

C.   Shari’a Law will push into various aspects of our life that will cause us incon-venience, financial expense, and the acceptance of Islamic practices to the exclusion of our Christian beliefs.

1.     KFC in Dearborn, MI – The restaurant’s east Dearborn restaurant began selling Halal chicken.  Underneath the colonel’s bearded face, the store’s sign read “Now serving halal original and crispy” (Detroit Free Press, March 30, 2008).

2.     Jail Photo:  A Muslim woman refused to remove her headscarf for a Boulder County Jail booking photo.  She said the Qur’an calls for Muslim women to wear the scarf except in the company of close family (CBS Denver, December 4, 2010).

3.     Football practice:  Muslim-heavy Fordson High School in Dearborn, MI scheduled football practices for the middle of the night, 11 p.m. to 4:00 a.m., so team members participating in the daytime fast could drink while training (Islamist Watch, “Ramadan Accomodations,” David J. Rusin, Sept. 10, 2010).

4.     April 27, 2009 Qasim Ahmed became “possibly the first” imam to open a session of the Florida House of Representatives with a prayer.

5.     Schools are beginning to incorporate Muslim holidays into their yearly schedules.  The most prominent holiday honored is Eid al Fitr, which marks the end of Ramadan.

6.     In the Tuesday, September 20, 2011 edition of the USA Today, there is an article entitled, “’The 99’ aspires to teach Muslim principles.” 

a.     These are being launched by a Kuwaiti-born psychologist Naif Al-Mutawa.

b.    The 99 are Muslim inspired super heroes.

c.    Each hero represents one of the 99 attributes of Allah.

d.    “…the animated feature of The 99: Unbound will be unveiled to American audiences on Oct. 2 at the New York Film Festival” (USA Today, p. 5D).

e.     In the next to the last paragraph we read:  “But he also has an admirer in President Obama, a comics lover who gave a shout-out to The 99 last year during a presidential summit on entrepreneurship.”

D.   Aspects of society that are becoming more Shari’a compliant:

1.     Banks:  shari’a compliant finance (SCF)

2.     Workplaces:  Workplace Religious Freedoms Act

3.     Schools:  Textbooks and CSCOPE

4.     Universities:  specific fields of study funded by the Muslims

5.     Courts:  Hosain v. Malik (child custody)

6.     Homes:  Polygamy, Honor killings

7.     Military:  training manuals and training personnel

8.     Government:  high positions of authority and government agencies

 

CONCLUSION

 

A.   Shari’a law opposes the law of Christ in its practice of Islam instead of Christianity.

 

B.    Shair’a law opposes the laws of the United States that give us the present freedoms that we enjoy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shariah is Anti-Constitutional

Whether pursued through the violent form of jihad (holy war) or stealthier practices that shariah Islamists often refer to as "dawa" (the "call to Islam"), shariah rejects fundamental premises of American society and values:

1.         the bedrock proposition that the governed have a right to make law for themselves;

2.         the democratic republic governed by the Constitution;

3.         freedom of conscience; individual liberty

4.         freedom of expression (including the liberty to analyze and criticize shariah);

5.         economic liberty (including private property);

6.         equal treatment under the law (including that of men and women, and of Muslims and non-Muslims);

7.         freedom from cruel and unusual punishments; an unequivocal condemnation of terrorism (i.e., one that is based on a common sense meaning of the term and does not rationalize barbarity as legitimate "resistance"); and

8.         an abiding commitment to deflate and resolve political controversies by the ordinary mechanisms of our democratic republic, not wanton violence. The subversion campaign known as "civilization jihad" must not be confused with, or tolerated as, a constitutionally protected form of religious practice. Its ambitions transcend what American law recognizes as the sacrosanct realm of private conscience and belief. It seeks to supplant our Constitution with its own totalitarian framework.

(http://nccs.net/newsletter/nov11nl.html)