When we think of Islam, we think of a faith that brings comfort to a billion people around the world. Billions of people find comfort and solace and peace. And that's made brothers and sisters out of every race, out of every race.
America counts millions of Muslims amongst our citizens, and Muslims make an incredibly valuable contribution to our country.
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In our anger and emotion, our fellow Americans must treat each other with respect. Women who cover their heads in this country must feel comfortable going outside their homes. Moms who wear covering must not be intimidated in America. That's not the America I know; that's not the America I value.
President George W. Bush, in a speech at the mosque of the Washington Islamic Center, September 17, 2001
Author's Note: I am an American Muslim. I was born and raised in the United States. I am Caucasian and a native of the state of Alabama, where my family has resided since the late 1700's. I spent most of my life as a Christian...a choice made for me by my parents. I tell you all of this because I don't want people to think that my views on Shariah and/or Islam are clouded by cultural differences between myself and other Americans. I came to Islam out of faith, not out of some cultural accident of birth or parentage.
How have we come so far from the shockingly moderate ideals of a man most of us here would consider radical? One of the few things I respect about George W. Bush is his insistence, from the beginning of this nightmare, that the problem was with terrorists, and not Muslims. That there was no war on Islam, either here in the US or anywhere else in the world. Since that speech, many states have attempted to enact laws to ban Shariah, or Islamic law. Congress has held hearings "investigating" the "radicalization" of American Muslims like me. Politicians of all stripes and at all levels, along with Presidential hopefuls, have made Islamophobia a political tool by playing on the fears of the general American populace, the majority of which know nothing of what Shariah is other than what is told them by their politicians and their preachers and, most importantly, the news media.
Mention Shariah in the United States and you immediately conjure images in the heads of the natives of women being stoned, thieves being amputated, and honor killings. This is the image that the media has presented to its audience, and it is that image that the politicians and pundits use to stoke the irrational fear and hatred of Islam in America.
So without further ado, lets get down to it. The first, and most obvious question, is "What is Shariah?"
The truth is, there is no universal agreement on what Shariah is. Like most legal systems, it is complicated. Shariah comes from three different sources: the Qu'ran, the Sunna (the words and actions of the Prophet Muhammad (pbuh), as recorded by his companions and other scholars), and a huge body of jurisprudence or case law that has been built up since the beginning of Islam. Like constitutional law (and other legal systems), Shariah is based as much on interpretation of the source (Qu'ran, Sunna, etc) as on the actual letter of the law. These interpretations are also effected by the customs and traditions of the society doing the interpreting. This is why there is no universal agreement of what constitutes Shariah, or what Shariah calls for. Shariah law as practiced in Morocco would be different than that practiced in Mauritania. And both of those would be different (by far) than the extremes practiced in Saudi Arabia and Iran. And to be sure, any Shariah practiced in the United States would be very different from any others.
Shariah, like Judaic/Christian law, starts with basic commandments. These commandments are not very different in the three monotheistic faiths.
‘So know that there is no god but Allah.’ (Qur’an 47:19)
‘Thou shalt have none other gods before me.’ (Exodus 20:3, Deuteronomy 5:7)
‘O my Lord! make this city one of peace and security: and preserve me and my sons from worshipping idols.’ (Qur’an 14:35)
‘Thou shalt not make thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the waters beneath the earth. Thou shalt not bow down thyself unto them, nor serve them: for I the LORD thy God am a jealous God...’ (Exodus 20:4-6, Deuteronomy 5:8-10)
‘And make not Allah’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for Allah is One Who heareth and knoweth all things.’ (Qur’an 2:224)
‘Thou shalt not take the name of the LORD thy God in vain: for the LORD will not hold him guiltless that taketh his name in vain.’ (Exodus 20:7, Deuteronomy 5:11)
The similarities don't end there, of course. Killing, coveting your neighbors wife or property, etc are all equally covered in the Qu'ran. It is these laws handed down by God that are the beginning of Shariah. But for Muslims, Shariah is much more than that. For the ordinary practicing Muslim, Shariah plays a role in his everyday life. It affects what he eats. It affects when he fasts. It affects his decision to marry or not, and (sometimes) to whom he will be married. It affects divorce. It affects his business transactions. It affects when he prays, how he prays, and how many times he prays per day. It affects how he relates to others...both Muslim and non-Muslim.
An example I've used here on DKos before is that of halal meat. Halal is an Arabic word meaning "legal" or "permissible". The meat Muslims eat must be prepared in a certain way, and that way is set out in Islamic law. Meat prepared according to the law is therefore called "halal".
Banning Shariah, which is what these states are trying to do, would in effect make it a crime to prepare halal meat, or even be a practicing Muslim in that state. But that is not all it would do. Many laws of Muslim nations are based on Shariah law. For example, most of the family law codes of Jordan, Egypt and many other Muslim nations are derived from Shariah. In today's all too small world, US courts are regularly called on to interpret and apply foreign law when legally necessary, such as in disputes that cross borders or oceans. Banning Shariah would thus render US courts unable to adjudicate matters in a legally appropriate manner, making resolution of such matters impossible.
There are those who argue that allowing Muslims to set up Shariah courts would endanger the Constitution. But that is no more true of Shariah courts as it is for the existing Jewish Beth Din courts that have been operating for many years in the United States. These courts handle things like divorce. They also handle arbitration and dispute settlement, and I believe family law in some cases. When Muslims speak of setting up Shariah courts in the US, it is this kind of court they mean. An arbitration court to handle family law, divorces, etc based on the requirements of my religion. Such arbitration is already permitted under US law and should be allowed in all 50 states.
Shariah is no threat to the Constitution, nor is it a threat to non-Muslim Americans. What it is, quite clearly, is a religious right of Muslims that is protected by the Constitution of the United States.