FOLLOW US:

Books and Documents
Islamic Sharia Laws (15 Aug 2009 NewAgeIslam.Com)
Why Islamic Law Is the Antithesis of Equal Justice proclaimed by Muslims

A Muslim man will never be sentenced to be flogged for wearing pants, just as a Muslim Imam will never be tried for blasphemy no matter how many ugly things he says about Hinduism, Christianity, Judaism or Buddhism. Blasphemy is a charge that is meaningful only in relation to the doctrine that is at the heart of Islamic law that is Islam itself.

Islamic law is law made by Muslim men for the benefit of Muslim men, and the detriment of everyone else. It is the product of an inherently unequal system, designed to perpetuate that system.

Islam does not recognize human equality. It is premised on human inequality. Women cannot be subject to the same laws as men, just as Mohammed was not subject to the same laws as men. Indeed the Koran records that Mohammed explicitly had the law rewritten on his behalf when he desired something, such as Zaynab, who happened to be married to his adopted son. A minor matter for the Prophet. The Koran also limited the number of permissible wives to four. This did not stop Mohammed from marrying as many as fifteen women. Muslims do not see the contradiction in any of this, because there is no premise of equality under Islamic law. You are only as "equal" as your spiritual standing within the Ummah permits. -- Sultan Knish

URL of this page: http://www.newageislam.com/NewAgeIslamIslamicShariaLaws_1.aspx?ArticleID=1646

------

 Why Islamic Law Is The Antithesis of Equal Justice

By Sultan Knish

Aug 6, 2009

 

In Sudan a dozen women were sentenced to be flogged for wearing pants. Some of them were Christian, but that has never really mattered, as the essential premise of Islamic law is that it is inherently superior to every other law. Naturally no men have ever been sentenced for wearing pants. That is a law that applies only to women, because there is a fundamental difference between Islamic law and Western law, not simply in morality or structure-- but in equality.

A Muslim man will never be sentenced to be flogged for wearing pants, just as a Muslim Imam will never be tried for blasphemy no matter how many ugly things he says about Hinduism, Christianity, Judaism or Buddhism. Blasphemy is a charge that is meaningful only in relation to the doctrine that is at the heart of Islamic law that is Islam itself.

Islamic law is law made by Muslim men for the benefit of Muslim men, and the detriment of everyone else. It is the product of an inherently unequal system, designed to perpetuate that system.

Under it non-Muslims are inferior to Muslims because by rejecting the "truth" of Islam, they cast doubts about their moral fitness. A non-Muslim is an infidel who drinks alcohol, eats pork and has forbidden sexual relations. As far as Islamic law is concerned he is already of poor moral character and a criminal.

Women are inferior to men, as they are lower in status than men. When Mohammed declared, or was said to declare in Islamic scripture, that, "I also saw the Hell-fire and I had never seen such a horrible sight. I saw that most of the inhabitants were women", he was articulating the top down theology of a cult that defined sinfulness in terms of position of tribal power. Therefore in the Mohammedan vision of hell, the underworld was to be populated mostly by women for their ingratitude to their husbands, who under Islam were also their masters. And slaves are defined as moral to the degree that they serve their masters.

Under the circular logic of Islam, women are second class citizens because they are untrustworthy and untrustworthy because they are second class citizens. This makes women automatically suspect of all sorts of things.

It is why a woman who was raped is more at fault than the man who raped her. In the Islamic worldview, which is itself a carryover of Bedouin tribalism, a rapist has taken someone else's property. By contrast the woman who was raped was careless with the property of her husband or her father. Whether the woman had consensual sex or was raped does not matter very much, because in either case she is only property that was damaged. Not a human being. The honour killing is simply a male relative or spouse destroying what Islamic tribalism considers to be "damaged property". Her consent is not considered significant, because Islamic law does not take the agency of a woman seriously, or treat her as competent to make decision on the level of a man in the first place.

It is why the woman is always at fault. While Western jurisprudence considers diminished capacity to be an extenuating circumstance, Islamic jurisprudence considers it to be a statement of guilt. That is because Western jurisprudence presumes innocence, while Islamic jurisprudence presumes guilt. The lower the role, the more readily the presumption of guilt is applied. Since Islam treats all people as inherently sinful, and therefore perpetually guilty, the higher the form of awareness, the more likely the Muslim is to avoid sin. A Muslim mam has more agency than a woman, and is more likely to do the right thing. A Muslim woman is considered to have fewer agencies, which is why she must have a husband to master her, and why Islam considers her more likely to be at fault.

Like slaves, women can only demonstrate their worth through submission to their masters. Muslim men in turn can only demonstrate their worth through submission to the will of Allah as expressed by the Imams. Since the core of Islamic law is held by Arab Muslims, they effectively serve as superior to non-Arab Muslims. And throughout it all, one thing is missing. Equality under the law and equal justice for all.

If there is one thing that is innate to the functioning of a democratic society, it is that every person is legally equal under the law. It is also why Islamic Law or Sharia, is incompatible with a democratic society, because Islamic law presumes the inequality of everyone who is not a Muslim male as a given. Defenders of Sharia have tried to get around this by pointing to the things that Islamic law did not take away from women and non-Muslims while wilfully ignoring the things that it did take away.

This is a basic reality that Westerners have been kept deliberately ignorant of. Yet the moment a Western tourist sets foot in a Muslim country, she has left a system where she is legally the equal of anyone else, and entered a system in which she is dramatically unequal. A woman or any non-Muslim who enters a Muslim country is now under the power of a legal system that considers her or him inferior in morals, in character and in testimony.

At the heart of the problem are the fundamentally different realities at the heart of law in a democratic nation and within Islam.

Citizens of First World nations see the legal system as part of a social contract with a government of their choice. The law is the expression of the wishes and values of the citizenry. And it treats everyone as inherently equal under the law because otherwise fairness becomes impossible. By contrast Islamic law is not part of any social contract; it is a decree of the Prophet and the various Muslim figures throughout the ages who have interpreted his sayings. It is not part of a bottom up civil society, it is a strictly top down series of clauses that mixes tribal customs, stolen scraps of other religions, with the determined will of a ruthless, though illiterate, warlord.

Islam does not recognize human equality. It is premised on human inequality. Women cannot be subject to the same laws as men, just as Mohammed was not subject to the same laws as men. Indeed the Koran records that Mohammed explicitly had the law rewritten on his behalf when he desired something, such as Zaynab, who happened to be married to his adopted son. A minor matter for the Prophet. The Koran also limited the number of permissible wives to four. This did not stop Mohammed from marrying as many as fifteen women. Muslims do not see the contradiction in any of this, because there is no premise of equality under Islamic law. You are only as "equal" as your spiritual standing within the Ummah permits.

There is no "I" in Islam, except in the alphabetical sense. Islam means participation in the Ummah, the dead Mohammed's "Kingdom of Heaven" on earth, as exemplified by the Muslim community as a whole, to be ideally expressed as the Caliphate that everyone from Al Queda on down to a hundred different regional ethnic terrorist groups such as Hamas, Abu Sayyaf, Hizbullah, the Taliban, Al-Ummah, Al-Faran and numerous others. What they all have in common is the mandate to enforce Islamic law as the only and absolute law, without any compromise, while scourging away any traces of Western law or culture whose pernicious individualism threatens the essential premise of the Ummah.

The suicide bomber best expresses the contempt that Islam has for the individual, whose life is better off sacrificed, often unnecessarily, simply to prove the willingness of Muslim believers to kill in the name of Islamic rule. There can be no middle ground of compromise between Islamic law and civil law, because Sharia is not legal, it is religious. There can be no concession to the rights of the individual, because Islam does not recognize the worth of individuals or their power to make law, rather than be subject to it.

It is why Islamic law is the antithesis of equal justice under the law, and the two of them cannot co-exist side by side. If Western nations admit Sharia, then they are admitting to a state of inequality under the law. And that will be Islam's greatest triumph over the freedom of the individual and the equality of man.

Source: http://www.rightsidenews.com/200908065844/global-terrorism/why-islamic-law-is-the-antithesis-of-equal-justice.html

URL of this page: http://www.newageislam.com/NewAgeIslamIslamicShariaLaws_1.aspx?ArticleID=1646

 



TOTAL COMMENTS:-   5
  • Dear Sir,

    What I don’t understand is why it is so hard for us Muslims to take criticism of others who object to certain things in Islam. We who live in the West are asked such questions all the time. The best action is to take knowledge in the Quran and thus answer such people. The mullahs although seemingly are representatives of Islam, they are not the "Ahle-Zikar" which God Almighty refers to.. the knowledgeable people of the Quran who have unfortunately been killed or called kafir by the so called mullahs. A star of such real knowledge of the Quran is a rather unknown person in Pakistan called dr.Qamar Zaman. His writings are such that they can help us in understanding the Quran more and thus get to the real message of the Divine Revelation. here is his website, unfortunately it is in Urdu at the moment but I hope he soon gets some of his books translated into English.

    www.aastana.com

     yours sincerely

    Maniza Mirza


    By Maniza Mirza -
  • Dear Mr. Bandukwala,

    I am equally horrified at some of the articles that my site caries, some of them written by our very own so-called Islamic scholars of great repute and standing in the community. However, I feel it is important to know what people are saying about us, both the enemies of Islam within and without. As for the enemies outside the Islamic fold, we need to find out the source of their venom. We cannot do that without listening to them and indeed without engaging them in some sort of dialogue. There are thousands like Krish in the world we live in who are saying identical things. I understand there may not be much point in engaging such people in dialogue. They are not ready for a constructive engagement. But when Krishes’ comments go unanswered there are many relatively objective souls who think that the Muslims are silent because they do not have anything to say and that these charges are not entirely baseless. We may try and do something about it.

    However, more than Krishes of this world – who do not carry much credibility as known enemies of Islam - we need to be more horrified at what some of our own Mullahs and Maulanas peddle in the name of Islam itself. With their long, flowing beards, large size kurtas and short pajamas, they carry greater credibility to speak in the name of Islam and the world is horrified at what they say. Let us worry more about these vermin and pests among us and try to discredit them by questioning their authority and scholarship. 

    They sometimes say exactly what the enemies of Islam say to denigrate us and our religion. For instance, both the enemies of Islam within and without say that Islam spread with the power and dazzle of the sword, with the additional rider from those within us that we should continue to use swords for butchering individuals and Kalashnikovs and bombs to kill people in large numbers, particularly people who are Muslim but are not of their sect and do not follow their extremist interpretation of Islam.  If I may give another example, both groups say that the Prophet (PBUH) married a six year old and consummated his marriage when she was 9, with the additional point being made by the enemies of Islam within that we should also do the same as our prophet did that and we are supposed to follow his conduct in every way.

    Hoping to see you enrich the site with your presence and even more so with your valuable responses, comments, contributions.

    Best regards,

    Sultan Shahin

    Editor@NewAgeIsilam.com


    By Sultan Shahin -
  •  From:     Juzar Bandukwala

    To:   Sultan Shahin  Editor@NewAgeIslam.com

    Subject:         J.S.Bandukwala : Baroda , Gujarat

    Dear Sir,

               I am horrified that you carried the highly venomous article of Sultan Knish. As a beleiving Muslim, with progressive views, I read your site regularly. But the bile that flowed from Sultan Knish, especially on Prophet Muhammed was totally disgusting. I just hope such articles are screened, unless you yourself have similar views. In that case please drop me from your site.

    J.S.Bandukwala,

    Baroda

    Gujarat


    By Juzar Bandukwala -
  • Well done Mohiyuddin sahab...bravo!!
    By traveler -
  • Sultan Knish has described himself on his website as follows:

    I'm a blogger, columnist and freelance photographer born in Israel and currently living in New York City. I am a contributing editor at Family Security Matters. My columns regularly appear at Family Security Matters, IsraeleNews and daily at the Canada Free Press, as well as at Act for America. My op eds have also appeared in the Jewish Press.
    I have been named one of the Jewish Press' Most Worthwhile Blogs in 2006, 2007, 2008 and 2009. My writing has been cited by Melanie Philips, Daniel Pipes, Judith Klinghoffer and Michelle Malkin, among others.
    My investigative pieces have included the story of Obama and Pfleger, which I was the first to break months before the mainstream media. I also detailed the larger picture of Obama's radical clergy ties, including Farrakhan supporters, as well as exposing Rabbis for Obama as being a front group for Pro-Hamas appeasement supporters.
    I broke the story on Secretary of State Condoleeza Rice recognizing a Hizbullah\Fatah propagandist with an award as one of the International Women of Courage.
    I exposed the involvement of a CAIR official in the Muslims for Ron Paul group and the deletion of an honor killing from the movie Crossing Over.
    I investigated the ties of the Durham torture Dems to Anti-Israel and Pro-Saddam activism.
    Analyzed early on that Samir Kuntar was to be a major factor in the second Lebanon war
    I write a daily blog column on issues involving Islamic Terrorism, Israeli and American politics and Europe's own clash of civilizations. My pieces are available to all bloggers to reproduce with proper attribution. If you are a newspaper or larger commercial entity, please email me to let me know that you intend on using one of my columns.
    If you want to use one of my pieces or have any other questions you can email me and I'll get back to you shortly.


    By Ghulam Mohiyuddin -

Compose Your Comments here:

Name
Email (Not to be published)
Comments
Fill the below text
 
Disclaimer: The opinions expressed in the articles and comments are the opinions of the authors and do not necessarily reflect that of NewAgeIslam.com.
Content