Sharia Law - Unjust & Unconstitutional

            Muslims seek to worship God, and they are free to do so. However, Sharia law seeks to impose Islam as the religion of the state, which is a violation of the rights of religious minorities.

Sharia law is based upon the Islamic teachings of the Quran and Hadith, which are the primary sources of Islamic law. Sharia law seeks to establish and advance Islam as the religion of the state, and Islam is viewed as a code of life.[1] Judicial decisions must be decided by Muslim judges in accordance with the Quran and Hadith,[2] and non-Muslims are typically prohibited from practicing before a Sharia compliant court. Public office is usually restricted to Muslims. The desire under Sharia law is that Muslims outnumber other people groups.[3] Sharia law is inconsistent with our deeply rooted history and traditions.

Sharia law is unjust and unconstitutional because it deprives individuals of their unalienable rights to life, liberty, and property without due process of law. Sharia law denies individuals equal protection under the law.[4]

To determine whether Sharia law should be applied, one must examine the text of the Quran and Hadith, and the human rights violations that result when Sharia is applied. Sharia law is particularly unjust and unconstitutional in the following areas:

1. Jihad: fighting or killing (in God's cause)
2. Jizyah tax
3. Taking whatever your right hand possesses
4. Treatment of women
5. Racial discrimination & Islamic slavery
6. Human rights violations
7. Constitutional provisions

See: http://QuranCompared.com/ShariaLawPresentation.pdf

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[1]  Hadith Muslim 6:2602.

[2]  Hadith Abu-Dawud 24:3585.

[3]  Hadith Abu-Dawud 11:2045.

[4]  U.S. Const. amend. XIV, § 1.

Jihad is Murder

Jihad (fighting in Allah's Cause) is ordained for you (Muslims) though you dislike it, and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Quran 2:216.

Jihad, or purported fighting or killing[1] in God's (Allah's) cause, is seen as the best deed[2] one can perform in Islam, by any means necessary.[3] Jihad is considered to have a great purpose,[4] where children are even brought into the world for Jihad.[5] A minor who is 15 years of age is considered acceptable for Jihad.[6]

Medina and Constantinople were conquered by Jihad.[7] Jihad is used to force people to embrace Islam out of fear, to secure their blood and property.[8] Jihad is used to capture and kill those who refuse to convert to Islam.[9] One of Muhammad’s last instructions was to fight the Jews and Christians, since the two religions could not co-exist in the same land.[10] Muhammad even said that he eliminates non-Muslims.[11]

Jihad is unjust because it violates an individual's inalienable rights to life and liberty by condoning criminal acts of murder. Muhammad was a participant in these murders.[12] The Quran not only gives Muslims permission to fight,[13] but also rewards[14] the criminal acts of those that harbor such malicious intent or are killed in the process. Jihad fails to qualify as righteous and holy living, and is inconsistent in keeping with God's commands.

From the time of Cain and Able, to the Ten Commandments found in the Mosaic Law, to current criminal laws, mankind has always been instructed that one shall not kill or murder.[15] The teaching of Jihad is a lie that flies contrary to the commands of the earlier Scripture,[16] the Torah and Gospel, which Muslims are instructed to obey. Jihad rejects God's most gracious and merciful characteristics by calling for a great slaughter.[17]

Islam also does not honor any obligations or treaties made with non-Muslims.[18] The Quran instructs Muslims to kill and drive out individuals from their homes,[19] striving hard and fighting in the cause of God with their wealth and lives.[20]

For instance, examine the following verses from the Quran regarding killing non-Muslims:

O you who believe! Fight those of the disbelievers who are close to you, and let them find harshness in you, and know that Allah is with those who are the Al-Muttaqun (the pious).

Quran 9:123.

So, when you meet (in fight Jihad in Allah's Cause), those who disbelieve smite at their necks till when you have killed and wounded many of them, then bind a bond firmly (on them, i.e. take them as captives)…Thus [you are ordered by Allah to continue in carrying out Jihad against the disbelievers till they embrace Islam], but if it had been Allah's Will, He Himself could certainly have punished them (without you). But (He lets you fight), in order to test you, some with others. But those who are killed in the Way of Allah, He will never let their deeds be lost.

Quran 47:4.

The use of force and Jizyah was used to overcome,[21] and Jihad declared fighting, expulsion from one’s land, and the apportionment of others’ women.[22] Humans are entitled to equal, inalienable rights free from fear and destruction.[23] As such, Sharia deprives individuals of their freedom of religion[24] under the law.

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[1]  Quran 9:5; Hadith Bukhari 3:85; 3:111; 59:641; 83:14; 88:186; Hadith Nawawi 1:8.

[2]  Hadith Bukhari 26:595; 52:43-44; 93:625; Hadith Muslim 1:148; Hadith al-Tirmidhi 2:173.

[3]  Hadith Abu-Dawud 14:2498.

[4]  Hadith Muslim 20:4597.

[5]  Hadith Bukhari 78:634.

[6] Hadith Muslim 20:4605.

[7] Hadith Muslim 41:6924.

[8] Hadith Abu-Dawud 19:3019; 19:3061.

[9] Hadith Bukhari 59:628,630.

[10] Hadith Muwatta 45.5.17.

[11] Hadith Muwatta 61.1.1.

[12] Hadith Bukhari 52:265; 59:351,400-01,582; Abu-Dawud 14:2664.

[13] Quran 22:39.

[14] Quran 4:74.

[15] Exodus 20:13.

[16] Quran 10:94; 3:50.

[17] Quran 8:67.

[18] Quran 9:1.

[19] Quran 2:85.

[20] Quran 61:11; Quran 4:95; Hadith Bukhari 52:85.

[21] Hadith Muwatta 21.19.14a.

[22] Hadith Abu-Dawud 19:2998.

[23] Universal Declaration of Human Rights, G.A. Res. 217 (III) A, U.N. Doc. A/RES/217 (III) (Dec. 10, 1948).

[24] Hadith Bukhari 60:40; 73:73.

Rape - Taking Whatever Your Right Hand Possesses is Criminal

Also (forbidden are) women already married, except those (captives and slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse, so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed; but if after a Mahr is prescribed, you agree mutually (to give more), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise. Quran 4:24.

            Under Sharia law, women prisoners can be taken captive.[1] Muhammad approved of women being taken captive for ransom and sex.[2] This permitted having sex with Christian and Jewish women that their right hands possessed.[3] It also resulted in the imprisonment of other’s and theft of their possessions’.[4]

Furthermore, allowing for an exception to take whatever your right hand possesses[5] by raping women or seizing another's property[6] is an attack on one's personhood and property which defiles an individual's right to life, liberty, and property.

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[1] Hadith Muslim 8:3325.

[2] Hadith Muslim 8:3371; 8:3377; 8:3433; Abu-Dawud 31:4006; Muwatta 28.14.35.

[3] Hadith Muwatta 28.16.38a.

[4] Hadith Abu-Dawud 19:3000.

[5] Hadith Bukhari 59:524,610; 89:321.

[6] Quran 17:64.

Discriminatory Treatment of Women is Wrong

           Under Sharia law, women are viewed as evil[1] slaves[2] who take the shape of the devil,[3] are an ungrateful majority of dwellers in Hell,[4] equal to a dog or a donkey,[5] only equal to half of a man,[6] deficient in mind,[7] a harmful affliction[8] to men, viewed as property,[9] and a tilth[10] to their husbands for having sexual relations as they please in a polygamist[11] fashion and where consent[12] isn't necessary. Women are cursed[13] if they spend a night away from their husbands and do not sleep with them. Women are married for their possessions.[14]

It is also unlawful[15] for a woman to mourn for more than three days. A woman is not permitted to travel by herself,[16] and men should not shake hands with women.[17] Under Sharia law, women have to fear cruelty and desertion from their husbands.[18]

And if you fear that you shall not be able to deal justly with the orphan-girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice. Quran 4:3.

As to those women on whose part you see ill-conduct, admonish them, refuse to share their beds, and beat them (if it is useful), but if they return to obedience, seek not against them means (of annoyance). Quran 4:34.

Muhammad took other mens’ wives captive.[19] Although Sharia law permits up to four wives with the ability to divorce them, Muhammad had as many as nine wives at a time.[20] Muhammad allowed others to only keep four wives, while he kept nine wives.[21]

Muhammad took a six year old minor, Aisha, as his wife and slept with her at the age of nine before she reached puberty.[22] Muhammad encouraged marrying young girls who could be fondled.[23] As such, the practice of taking child brides is not discouraged. Muhammad also laughed when slapping women.[24]

Not only is it is troubling, immoral,[25] and unjust that Sharia law permits the taking of orphan girls[26] as wives, but it also allows for exceptions to cases of incest[27] and prostitution[28] that have already passed. Sharia law permits the harsh beating[29] of women by men who will not be questioned regarding why they beat their wives. Moreover, it encourages divorce,[30] temporary marriages,[31] adultery[32] and bestiality.[33] Islam also falsely teaches that women will be given in marriage[34] in heaven.

Under Sharia law, one can inflict hard punishment on a woman and consider a child a slave,[35] which amounts to an attack on the family. When it comes to child custody,[36] one can force custody of a child if a wife does not convert to Islam.[37] A child can even be beaten at the age of ten over prayer.[38]

Inheritance

Regarding inheritance laws, since women are considered half of men, their inheritance shares decrease accordingly.[39] People of different religions cannot inherit from one another.[40] Islam also imposes a Muslim heir over a non-Muslim.[41] An estate must follow Islam.[42]

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[1] Hadith Bukhari 71:649.

[2] Hadith Bukhari 3:97A.

[3] Hadith Muslim 8:3240.

[4] Hadith Bukhari 2:28; 54:464; 76:456,554-55; Hadith Muslim 36:6600.

[5] Hadith Bukhari 9:493,498.

[6] Quran 4:11; Hadith Bukhari 48:826.

[7] Hadith Bukhari 48:826.

[8] Hadith Bukhari 62:31,33; 52:110-11; 55:611.

[9] Hadith Bukhari 62:81.

[10] Quran 2:223; Hadith Bukhari 60:51; Hadith Muslim 8:3363.

[11] Hadith Bukhari 62:5,158.

[12] Hadith Bukhari 85:79; 86:101.

[13] Bukhari 54:460; 62:121,122; Hadith Muslim 8:3366; Abu-Dawud 12:2247.

[14] Hadith Bukhari 62:27,29.

[15] Hadith Bukhari 23:370-71; 62:120; 63:251-52.

[16] Hadith Bukhari 20:194.

[17] Hadith Muwatta 55.1.2.

[18] Quran 4:128; Hadith Bukhari 60:124,125; 62:134.

[19] Hadith Bukhari 59:522-524; 89:321; Abu-Dawud 12:2231.

[20] Hadith Bukhari 62:5; Hadith Muslim 8:3455; 3:606; Hadith al-Tirmidhi 1:140.

[21] Hadith Bukhari 73:89; Abu-Dawud 12:2233.

[22] Hadith Bukhari 58:234, 236; 62:64,88; 60:274; 61:515; 73:151; Abu-Dawud 41:4917.

[23] Hadith Bukhari 59:382; Hadith Muslim 8:3231.

[24] Hadith Muslim 9:3506.

[25] Hadith Bukhari 6:298.

[26] Quran 4:3; Hadith Bukhari 51:25; 62:2,29; 62:35; 44:674.

[27] Quran 4:23; Hadith Bukhari 34:418; 39:526.

[28] Quran 24:33.

[29] Hadith Bukhari 73:68; 49:859; 50:885; Abu-Dawud 11:2126; 11:2141; 11:2142.

[30] Quran 2:227,231; Quran 66:5; Hadith Bukhari 60:10,438; 62:41; 63:178; Hadith Muslim 8:3469.

[31] Hadith Bukhari 60:139; 62:13,52; Muslim 8:3247.

[32] Quran 24:3; Hadith Bukhari 38:504; 62:134; 63:187,190,238; 73:107. Muslim 8:3357, 3359; Abu-Dawud 12:2302; 11:2046.

[33] Hadith Bukhari 63:251; Abu-Dawud 12:2292; Muwatta 29.33.103.

[34] Quran 44:54.

[35] Hadith Abu-Dawud 11:2126.

[36] Hadith Abu-Dawud 12:2262.

[37] Hadith Abu-Dawud 12:2236.

[38] Hadith Abu-Dawud 2:494; Hadith al-Tirmidhi 2:407.

[39] Hadith Muwatta 27.1.0; 27:11.9b.

[40] Hadith Abu-Dawud 18:2905.

[41] Hadith Abu-Dawud 18:2906.

[42] Hadith Abu-Dawud 18:2908.