The Shari’ah Controversy in America:

June 16, 2011 by · Leave a Comment 

By Waheeduddin Ahmed, Ph.D.

shariah-compliance_imgIslamophobia, as it exists today in America, cannot be assigned to a single cause. It has a variety of causes. Differences in belief systems have little to do with it, since such a chasm would require awareness, which is all but lacking in the general populace. Clash of civilizations is hardly causative in a civic society, where only one civilization prevails. In fact, it is the cultural side of Islam, which arouses prejudice and disapproval on the part of some and suspicion on the part of others.

The second cause is the global political conflicts in which Muslims are seen as occupying the center stage. Incessant news and events depicting individuals committing terrorist acts, with their religion specifically highlighted in the media if they are Muslims, constantly plays on the minds and emotions of the American people. The worst act of terrorism in its history occurred in New York on September 11, 2001. It was carried out by a few foreign miscreants from the Middle East with Muslim names and had roots in the Arab-Israeli conflict. While it shook the world, it sent chills down the spines of the Muslim inhabitants of America. They were hit the hardest just by name association. They walked the streets under suspicious and disdainful eyes and are still struggling to reclaim their rightful place in the American society.

We are living in an era sequential to global communism. The phobia which dominated that era was the fear of the great Bolshevik conspiracy, which would undermine our freedoms and individual liberties. The product of that phobia was the Cold War, generating thousands of nuclear weapons, sufficient to obliterate human race many times over and which gave birth to scores of dictators all over the world, who subjected their countrymen to tyranny and humiliation. The succeeding era would not pass without a phobia to decorate it with.  Islamophobia readily served the purpose. The bogey of the worldwide Islamic khilafa replaced that of the Communist conspiracy and is beginning to inflict the psyche of the American public. If there are any people, who are unaware of this khilafa “conspiracy”, it is the Muslim people themselves.

The Phobia and its Profile: The Mosque Controversies:

Proposals to build mosques to serve the religious needs of Muslims countrywide have brought out deep-rooted prejudices even from the members of the clergy, from California to Wisconsin to New York. Acts of vandalism against the Muslim places of worship such as in Tennessee proliferated. In Sheboygan, Wisconsin a Muslim doctor who owned a store type building proposed to convert the property into a place of worship for hundred or so of Muslims. The place was close to the hospital he worked in. A public hearing brought out some of the patients he had treated and had faith in, who spilled out venom against Islam, a faith they had no knowledge of. It shook the wits out of him and many of the citizens. In Manhattan, Muslims had been praying at Burlington Factory House at Park51 a makeshift mosque for a year before the Cordoba House proposal. On Fridays the congregation at Farah Mosque nearby would spill over on the street for want of sufficient accommodation. It was not a matter of “desecrating” Ground Zero but a matter of dire necessity and equal rights under the constitution. The proposal became such a big controversy that everybody from the president to the governor to the archbishop to the Jewish Defense League weighed in. It was made to look as though the proposed Cordoba House was a monument of Muslim “triumphalism” at Ground Zero.

Ban the Shari’ah Legislations:

The campaign against the Cordoba House project was started in a blog “Stop Islamization of America”, a xenophobic campaign, playing on the aforementioned fears of people, of the perceived impending transformation of the country’s religious face and its cultural profile. This is an outrageous presumption and a wildly imaginary scenario. Exact statistics are lacking but according to a study conducted by the American Jewish Committee there are 2.8million Muslims in America, while many Muslim organizations have been claiming that the total number stood at about six million. This makes the range of percent population to be from 0.9 to 1.9%. The true number may be closer to the lower figure than the higher one. Of the total population, the practicing Muslims may be less than half that number, scattered over a continent and among the population of 308.7 million. What a force for the Islamization of the United States of America!

The force behind this anti-Shari’ah tirade is an Arizona lawyer: David Yerushalmi, a White supremacist, an anti-Islam hate monger and the founder of the “Society of Americans for National Existence (SANE)”. He argues that whites are genetically superior to Blacks.  He wrote: “Some races perform better in sports, some better in mathematical problem solving, some better in language, some better in Western societies and some better in tribal ones.” He urged that the United States must declare war on Islam and all Muslim faithful. This puts him in the same category in hate mongering, as the likes of Meir Kahane, Baruch Goldstein, Daniel Pipes, David Horowitz and Peter Emerson. He had pushed legislation in 2007 to make adherence to Shari’ah a felony, punishable by up to 20 years in prison. Sadly, it is him and the likes of him, who are driving the conservative legislative agenda in this country. He is either the author of or the consultant for most of the anti-Shari’ah bills, which have been introduced. The American legislators, who have been led onto this path by people like Yerushalmi, in the name of patriotism, should realize that their actions are mutilating the values and the principles on which this country was founded.

A majority of the anti-Shari’ah bills is considered to be, in the main, innocuous and inconsequential, emotive rather than practical, save SB1028, the State of Tennessee bill as originally proposed, which would have dangerously violated the basic human rights of Muslims, guaranteed in the constitution, by criminalizing the day to day acts of worship. The other acts of legislation have been rightly branded as: “A Solution in Search of Problem”. However, there are some very complex legal implications, which cannot be overlooked.

Shari’ah, meaning “the way” or “the path” encompasses many disciplines such as ritual worship, moral principles, trade, charity, dietary rules, monetary transactions, matrimony, inheritance as well as criminal law. Many of the Shari’ah rules have been absorbed into cultural norms and adherence to them is almost subconscious, such as the dietary rules. Although ritual worship is an essential part of religion, some Muslims pray and some don’t and those who pray would do so even under the shadow of a guillotine. The criminal law (the Shari’ah penal code) is in abeyance in a majority of the Muslim countries, as secular criminal laws have taken its place. The laws of marriages, divorce and inheritance are in general followed, except that polygamy is now obsolescent among the common people. Most of the laws of Shari’ah, including the penal code, bear striking similarity to the laws of the Old Testament (Halacha) and those followed in early Christian communities. Reformist movements in Judaism and the Church in Christianity have amended those laws but since in Islam there is no Church, Pope or “reform” authority, the Shari’ah has remained immutable, except where the rules are amenable to ijtehad (dialectical derivation).There is a corpus of exegesis in Shari’ah law but its implementation however, has been effected with a varying degree of laxity.

As for the criminal law, it must be noted that Muslims have lived under secular laws for ages without protestations. There are only two countries where Shari’ah law is applied, albeit selectively: Saudi Arabia and Iran.  American Muslims have therefore no qualms about living under the law of the land. Civil laws however are a different matter. Let us take the example of India, home to 161 million Muslims (13.4%) among a total population of 1.2 billion. The criminal law is the law of the land and is applicable to every resident. Muslims are not clamoring for the imposition of hudud, qisas or ta’dhir (elements of religious criminal law).  In civil matters, Muslims are allowed to follow their own “personal law” or opt for the secular law. Western countries would do well to consider this precedence.

The Archbishop of Canterbury had proposed a similar procedure for the British courts, where arbitration, with the consent of the contestants, would amiably settle disputes without burdening the courts with costly trials and litigations. In any case, in the matters of divorce, inheritance, child custody and child support, the parties would have an option between the Shari’ah and the secular laws, whichever they think serves their interests best. This kind of arrangement, if mutually agreed upon by the parties and allowed by the courts, does in no way threaten the integrity and the tranquility of the society; it may on the other hand enhance them. Nevertheless, we must ensure that the women’s rights and the children’s welfare are safeguarded by the courts in the best way possible. There will be times when the Shari’ah will serve women better than the states’ laws. In California recently a court ruled that meher payment (a contractual sum payable to a woman by her husband on divorce under the Shari’ah) violated the state law prohibiting spouses from “profiteering” from divorce. Loss to the woman in this case is obvious. In general the interests of the citizens as well as of the state would be best served when the courts are independent and have discretion — not obligation — in when to reference religious laws and when not to do so.

“Foreign” Law and the U.S. Courts:

In many states legislation prohibiting the courts from considering “foreign” law or international law is being pushed with a vengeance. This raises a number of very complex legal issues, involving international treaties and trade. Compliance with international treaties, when ratified, is vouchsafed in the U.S. constitution and may be outside the jurisdiction of any one state. However, there may be areas of trade and labor laws, where complications may arise and hamper businesses of American companies.

In the U.S. courts presently marriages contracted abroad and under the Shari’ah are recognized, so are divorces executed abroad. The integration of many immigrant families is based on this provision. In the matters of matrimony, parenthood, inheritance and execution of wills disputes do arise in courts and could not be settled without reference to “foreign” laws. There is a serious concern that the ramifications of ban on foreign law now or in the future may put strains on the justice system and adversely affect the social structure of the American society.

Islamophobia, the Underlying Reason:

It is hard to believe that the proponents of the ant-Shari’ah bill of Tennessee, as it was originally written, were unaware of its unconstitutionality. Clearly, their intent was provocation and their motive was historic religious prejudice. It is not uncommon in the American history and in the history of many other countries for hate groups to arise in certain political and economic circumstances and by their actions and rhetoric malign the very society whose wellbeing they claim to protect.

It was said after 9/11 that “history begins now” or words to that effect. How true! Muslim Americans have been living in the full glare of history ever since, with their faces lit with bewilderment, although some governmental agencies, the top political leadership of both the parties, the law enforcement agencies and the leadership of almost every faith have helped to take the attention away from them. We still remember with gratitude the president of the United States’ visit to a mosque in the aftermath of the tragic event and the kind words uttered. This brought out what was good in the American people and averted a possible catastrophe. We appeal to the same good nature of the American people not to heed to bigotry, prejudice and electoral polemics. America will lose its soul if it succumbs to religious intolerance. It will lose its reason for being.

Muslims in America are a highly diverse community, consisting of almost every race, ethnicity and culture, including a large indigenous section. Among them are doctors, engineers, scientists, entrepreneurs and workers, enriching the economy with their contributions. There are Nobel laureates such as Ahmed Zewail news anchors such as Fareed zakaria and many sports celebrities. There are highly regarded congressmen and mayors in many cities.

Muslim contribution in highlighting the moral values is an asset to the society, which should not be ignored. The mosques are not a threat to anybody but beacons of light. They are centers of spiritual uplift as well as of education, social activism, moral reformation and charity.  Most mosques have prison visit programs, which have resulted in transforming many individuals into productive and law-abiding citizens. Many mosques in the inner cities have food pantries, counseling and crisis management programs.  Above all they curtail social ills. Consider a man who comes to the mosque to pray early morning, early afternoon, late-afternoon, at sunset and at night, five times in Twenty-four hours, to renew his commitment to God. What are his chances of committing unsocial acts in between his prayers? If two million people do this in a society, is the society better off or worse?

13-25

Shakh Tahir Qadri’s Fatwa Against Suicide Bombing and Terrorism

April 1, 2010 by · 1 Comment 

(Continuation from last week–part four)

The Quran says:

“(Say to the people:) ‘Listen, sincere obedience and worship is only Allāh’s due. And those (disbelievers) who have taken (idols as) helpers other than Allāh (say in false justification of their idol-worship:) ‘We worship them only that they may bring us near to Allāh.’ Surely, Allāh will judge between them concerning the matter in which they differ. Certainly Allāh does not give him guidance who is a liar, very ungrateful.”

(Al-Quran, 39-3)

When the idolaters of Makka were asked the reason of idol-worship, they said the idols would get them into Allah’s proximity. The intention to attain to Allah’s nearness is good, but idol-worship is blasphemy and disbelief. The idolatry, therefore, cannot be justified because of good intention.

Similarly, the terrorists’ claim of reformation too cannot be accepted because, practically, they prove bloodshed and violence instead of some constructive work and reformation. Allah Most High says:

“And among people there is also someone whose conversation seems to you pleasing in the life of the world and who calls Allāh to witness that which is in his heart, but in truth he is most quarrelsome. And when he turns away (from you), he runs about in the land to do (everything possible) to rouse mischief and destroy crops and life. And Allāh does not like mischief and violence. And when it is said to him (on account of this tyranny and violence): ‘Fear Allāh,’ his arrogance stimulates him for more sins. Hell is, therefore, sufficient for him. And that is indeed an evil abode.”

(Al-Quran, 204-206)

These verses too describe that many people will make conversation appearing delightful in the perspective of superficial arguments. They will swear on their good intentions, and declare Allah witness to their noble objectives and pious aims. Despite their assertions and testimonial claims, however, Allah has declared them miscreants and evil-mongers to face the torment of Hell. So their swearing on their intentions has been refuted because they are doing sheer terrorism, violence and strife. Their crimes, therefore, cannot be forgiven due to their good intentions and noble designs declared on oath. This is the basic principle drawn from the Quran and Islamic Law.

These Quranic verses explain the same point:

“When it is said to them: ‘Do not spread disorder in the land,’ they say: ‘It is we who reform.’ Beware! (Truly) it is they who spread disorder, but they do not have any sense (of it) at all.”

(Al-Quran, 11-12)

Here again the mischievous and criminal mentality has been described that the miscreants never take their activities as disruption, violence and strife; rather, they call it Jihad and deeds of reconstruction and reformation. They presume that the tyrannous activities they perpetrate are aimed at greater good of society. Today’s tragedy is that terrorists, murderers, mischief-mongers and rioters try to prove their criminal, rebellious, tyrannous, and brutal blasphemous activities as a right and justified reaction to foreign aggression under the garb of defense of Islam and national interests.

They should know that, as good intention can never prove an unlawful act justified, pious designs can never prove blasphemy as righteousness, and virtuous objectives can never prove an impure act wholesome, the intention to perform Jihad, in the same way, can never prove violence and terrorism lawful and permissible. The intention to protect Islam, erect defense against foreign aggression and avenge the wrongs and excesses inflicted upon Muslim Umma is one thing, and brutal mass murder of innocent citizens, vast destruction of civil property, ruthless target killings and destruction of mosques and markets and businesses is altogether a different debacle. The former can never prove the latter lawful. The one has nothing to do with the other; there is no relevance and congruity between the two. Terrorism, carnage and mass destruction can never be justified in the name of any intention of enforcing Islamic commands and judicial system. Nor can these condemnable activities be any exception to the rule, or be overlooked, or forgiven.

The in-depth study of the Quran and Hadith makes one dauntlessly declare that Islam makes it conditional to realize the lawful objectives only through lawful means, to attain to the noble targets only through permissible resources and reach the sacred destinations by treading only the righteous ways. A holy goal can never be attained by following an evil and criminal path. Constructing a mosque is a pious act, but it cannot be proved lawful to do it by looting a bank. The objectives of mercy cannot be achieved through cruel and oppressive ways. The designs of an exalted pious person cannot be materialized by adopting blasphemous methodology. In sum, good cannot be earned by evil means. Fair is fair and foul is foul. This is Satan who says, ‘fair is foul and fouls is fair.’ This is the majesty and purity of Din that it has purified and reformed both the destination and its path. It has made both objective and method pure and upright.

The people who base their argument on the Hadith, ‘actions are judged according to intentions,’ in order to justify their brutal ways and cursed means, make false and heretic implications. They cannot set a wrong thing right. This Hadith signifies only those actions that are proved pious, permissible and lawful. Their acceptability has been based on trueness of intention. If the intention is pure, they will be accepted, or they will be rejected. If the intention is not good, or the coveted intention does not exist, the actions will not be considered acts of worship, despite their apparent righteous value. They will be rejected or discredited. But the actions that are forbidden, unjust, unlawful and blasphemous cannot be made permissible, lawful, just and creditable by even extremely good intentions joined together. This is such an Islamic principle and legal formula as no one of the Companions, pious predecessors, Imams, and authorities of hadith and exegeses has departed from to date. Some scholars have also interpreted this hadith, ‘actions are judged according to intentions,’ as pointing to manifestation of deeds according to intentions. The actions take shape according to the intentions. So a terrorist’s actions speak of his intentions. His killings and destructive activities refer to his foul intention and condemnable ideas and beliefs. His heinous actions cannot stem from pious intentions and beliefs. The bloodshed he causes refers only to a cruel man inside him and not any kind and merciful soul. It is, therefore, evident that whatever false implications and foul justifications these rebels, criminals, evil-mongers, tyrannous brutes may put forth to prove their atrocities as act of Jihad, they have nothing to do with the teachings of Islam.

The Holy Quran has vividly described them in this verse:

“It is those whose entire struggle is wasted in worldly life, but they presume they are doing very good works.”

(Al-Quran, 18: 104)

12-14

Shakh Tahir Qadri’s Detailed Fatwa Against Suicide Bombing and Terrorism

March 11, 2010 by · Leave a Comment 

Leading Islamic Scholar’s Detailed Fatwa Against Suicide Bombing and All Forms of Terrorism – Shaykh Tahir Qadri

Shaykh-Tahir-Qadri A torturous spate of terrorism that continues unabated for last many years has brought Muslim Umma in general and Pakistan in particular into disrepute. There is no gainsaying the fact that the Muslims on the whole oppose and condemn terrorism in unequivocal terms and are not ready to accept it even as remotely related to Islam in any manner. However, a negligible minority amongst them seems to give it a tacit support. Instead of openly opposing and condemning terrorism, these people confuse the entire subject by resorting to misleading and perplexing discussions. Injustice being currently meted out to the Muslims in certain matters, double standards displayed by bigger powers and their open-ended and long-term military engagements in a number of countries, under the pretext of eliminating terror, form some of the fundamental local, national and international causes that underpin terrorism, and add a punch to the war cry of militants.

Similarly, the terrorists’ recourse to violence, indiscriminate massacre of humanity, suicide bombings against innocent and peaceful people, and bomb blasts on Mosques, shrines, educational institutions, Bazaars, governmental buildings, trade centers, markets, security installations, and other public places, which are heinous, anti-human and barbarous steps in their very essence, have become a routine affair. These people justify their actions of human destruction and mass killing of hundreds of innocent people in the name of Jihad and thus distort, deform and confuse the entire Islamic concept of Jihad (holy struggle against evil). This situation is causing Muslims in general and the Muslim youth in particular to fall prey to doubts and reservations besides muddling their minds in respect of Jihad because those perpetrating these atrocities are from amongst Muslims. They practice Islamic rituals, perform acts of worship and wear appearance delineated in Sharia. This has put not only the common Muslims but a dominating majority of religious scholars and intellectuals too into a paradox, bewildered to know truly the exact and precise Islamic injunctions about the way of workings, methods and measures these individuals and groups have adopted to cause the havoc.

Furthermore, the Western media is in wont of over-projecting the incidents and episodes of terrorism and extremism about the Muslim world, and does not at all highlight positive and constructive aspects of Islam, its peaceful teachings and anthropological philosophy and orientation. So much so, that it does not even reflect hatred, condemnation and opposition towards extremists, militants and terrorists that permeate the Muslim societies. The negative outcome of this attitude has appeared by way of bracketing both Islam and terrorism together. Consequently, the western mind starts conjuring up the picture of terrorism and extremism at a slight mention of the word ‘Islam’, putting the Western-bred and educated youth in a quandary, leaving them more beleaguered than before. The present generation of Muslim youth in the entire Islamic world is also falling victim to mental confusion and decadence intellectually, practically and in the domain of beliefs and religious tenets.

Because of this situation, two kinds of negative responses and destructive attitudes are forming up: one in the form of damage to Islam and the Muslim world, and second a threat to the Western world in particular and entire humanity in general. The damage to Islam and Muslim world is that the Muslim youth, not completely and comprehensively aware of Islamic teachings, regard terrorism and extremism as emanating from religious teachings and attitudes of religious people under the influence of media; hence, they are getting alienated from religion. This misplaced thinking is leading them to atheism, posing lethal dangers to the Muslim Umma in future. Contrary to this, the damage threatening the Western world in particular, and entire humanity in general, is that the above-mentioned policies and racial profiling of the Muslims is inciting negative response among some of the Muslim youths who regard these forays against Islam as an organized conspiracy and enmity by some influential circles in the western world. By way of reaction, they are either gradually becoming extremists, militants and terrorists, departing moderation and poised outlook on life, charged with hatred and revenge, or are being grown and groomed into the design. Thus, the Western policies are instrumental in producing and inducting new potential terrorist recruits and workforce, with no end in sight. In both the cases, the Muslim Umma as well as humanity are heading towards a catastrophe.

Moreover, these circumstances are heightening tension, creating larger trust deficits between the Islamic and the Western worlds. The increase in terrorism is paving the way for greater foreign interference in and pressure on the Muslim states. This widening gulf is not only pushing the humanity towards inter-faith antagonism at the global level but also reducing to nothingness the possibilities of peace, tolerance and mutual coexistence among different human societies on the globe. We thought it necessary, under these circumstances, to put the Islamic stance on terrorism precisely in its right perspective before the Western and Islamic worlds, in the light of the Holy Quran, Prophetic traditions and Books of Jurisprudence and Beliefs. We want to put across this point of view before all the significant institutions, valuable think tanks and influential opinion-making organizations in the world so that the Muslim and non-Muslim circles, entertaining doubts and reservations about Islam, are enabled to understand Islam’s standpoint on terrorism more clearly and unambiguously. The contents of this research work have been summarized here briefly.

The first chapter of this document, explaining and elaborating the meaning of Islam, discusses its three grades i.e. Islam (peace), Iman (faith) and Ehsan (Spiritual Excellence). These three words, both literally and metaphorically, represent peace, safety, mercy, tolerance, forbearance, love, affection, benevolence and respect for humanity. It has been proven in the second chapter of this document through dozens of Quranic verses and Prophetic traditions that the mass killing of Muslims and perpetration of terrorism are not only unlawful and forbidden in Islam but also denote the rejection of faith. Through reference to the expositions and opinions of jurists and experts of Exegeses and Hadith, it has been established that all the learned authorities have held the same opinion about terrorism in 1400-year-old history of Islam.

The third chapter of this edict describes the rights of non-Muslim citizens quite comprehensively. The opinions of all the leading jurists have also been listed in the light of various Quranic verses and Prophetic traditions.

In addition to that, the most important point this research study has undertaken to make revolves around the thought, ideology and mindset, which pits a Muslim against another and finally leads him to massacre innocent humanity. Such a mindset not only regards the killing of women shopping in markets and School-going girls permissible but also a means of earning rewards and spiritual benefits. What power or conviction rouses him to kill people gathered in the mosque, and earn Paradise through carnage? Why does a terrorist decide to end his own life, the greatest blessing of Allah Almighty, with his own hands through suicide bombings? How he comes to believe that, by killing innocent Muslims through suicide bombing, he would become a martyr and enter Paradise? These are the questions whirling in the mind of every person possessing common sense. While furnishing befitting answers to these emerging questions, we have resorted to those historical facts, besides scholarly arguments, which the Holy Prophet (blessings and peace be upon him) himself identified. Undertaking the comprehensive analysis of signs, beliefs and ideologies of Khawarij through the Quranic Verses, Prophetic traditions and jurisprudential opinions of jurists, we have established that the terrorists are the Khawarij of the contemporary times.

After declaring this forbidden terrorist act rebellion, gory brutality on earth and an act of infidelity, we have drawn the attention of all the responsible powers and stakeholders under the topic, “Call to Reflect and Reform” to the need of eliminating all the factors that cause people to entertain doubts, and reinforce the hidden hands actively engaged in spreading the plague around. Another theme under discussion these days emphasizes that since foreign imperialist powers are making unwarranted and unjustified interference in Muslim countries including Pakistan, the so-called Jihadi groups have come in their way to launch the offensive, inflicting upon them a devastating blow. Their action though not right and justifiable, they should not be reviled and condemned because their intention is to defend Islam. In our view, this is an awful witticism and a deplorable stance. To remove the misconception, we have specified a brief portion of the treatise in the beginning to this subject as well, bringing to the fore the fact in the light of the Quran and Hadith that evil cannot become good under any circumstances, nor can oppression transform itself into virtuous deed due to goodness of intention.

After these explanatory submissions, we also regard it our fundamental duty to let everyone know without any grain of doubt that we are going ahead with the publication of this research work solely for the sake of respect and dignity of Islam and service of humanity. We do not mean to condone or approve the unpopular and unwise policies of global powers through this Edict, nor do we aim to justify the wrong policies of any government including that of Pakistan. We neither seek pleasure of any government, nor tribute or appreciation from any international power or organization. Like always, we have taken initiative and are performing this task as a part of our religious obligations. Our objective in doing so is to wash off the stain of terrorism from the fair face of Islam, familiarizing the Muslims with real teachings of the Holy Quran and Sunna and try to rid the suffering humanity of the raging fire of terrorism.

May Almighty Allah bless this endeavour with His benevolent acceptance through the holy means of His Beloved Messenger (s).

– to be continued –