Sharia: The Legal Dimension of Islamic Supremacism

 “Sharia: The Legal Dimension of Islamic Supremacism - Islamic law is commonly known as sharia (literally “ruling”). Sharia is much more than a legal code. It seeks to govern every aspect of the life of the Muslim (and, in fact, of the whole world) as it is presented as the perfect Law of Allah. Readers may wonder why a discussion of legal matters has been included in a discussion of the connection between Islam and violence. There are at least two reasons for this: • The implementation of Sharia is often cited as one of the primary reasons behind violence in the name of Islam. In other words, at least some Muslims are willing to take up arms in order to ensure that certain parts of the world are ruled according to Islamic principles. • Secondly, it must be noted that there is a fundamental connection between Islamic law and violence so that, even if violence is not used in attempts to establish sharia, its eventual application will almost certainly include unacceptable levels of violence towards individuals. This will be due to the fact that certain forms of violence (e.g., ‘wife beating’) are not forbidden under sharia, and also because of the violent punishments meted out to those who violate sharia rulings. It is obligatory for Muslims to follow sharia in all of its ordinances. Allah, in fact, declares those who decline to operate according to his law as stepping outside of the fold of Islam: “If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) Unbelievers” (Qur’an 5: 44-45) 124. This means that for the devout Muslim, any legal system that does not have sharia at its core will be totally unacceptable. The Qur’an says as much: “Judge thou between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee” (Qur’an 5: 49-50) 125. This point is further reinforced in the following hadith, where it is stated categorically that a Muslim is absolutely forbidden from obeying laws and decrees that are not in line with sharia: “Narrated Abdullah: The Prophet said, ‘A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it” (Sahih Bukhari Volume 9 Book 89 Hadith 258) 126. The unassailable position that sharia is supposed to hold in the minds of Muslims is, to say the least, highly problematic. This is because sharia is significantly at odds with modern sensibilities, human rights and all non-Islamic legal codes. Adherence to sharia is, therefore, bound to place a Muslim community that desires to follow it on a collision course with the non-Muslims around them. Pointing out all the ways in which sharia is incompatible with modern values and human rights will probably require a separate book, so a few very important examples will have to suffice. In general, it can be stated that sharia: • Criminalizes actions that are not crimes under other legal codes • Commands actions that are crimes under other legal codes • Is fundamentally unfair in its treatment of witnesses • Imposes cruel and inhuman punishments Each of the above points will be briefly discussed below. 3.8.1. Sharia’s wide net of criminality It should be understood that sharia was designed to control every aspect of the lives of society and individuals. It is for this reason that certain actions, which in many parts of the world would be legally neutral, are depicted as firmly on the wrong side of sharia. The following are, for example, regarded as serious crimes under sharia: • Apostasy (i.e., leaving the Islamic religion). In some jurisdictions where sharia is consistently applied, apostates can expect the death penalty (see also Section 8.6.). • Free Speech. Blasphemy is regarded as a very serious crime under sharia. Criticism of the prophet is regarded as especially serious. In line with Muhammad’s treatment of his critics (see Section 7.5.), most sharia codes demand the death penalty for blasphemy. • Adultery. The traditional sharia punishment for adultery is stoning, despite the fact that this punishment is mandated by the hadith collections and not the Qur’an. • Consumption of Alcohol and Games of Chance. Sharia law, in this area, is based on Qur’an 5: 90: “O you who believe! Strong drink and games of chance and idols and divine arrows are only an infamy of Satan’s handiwork. Leave it aside that you may succeed” 127. First offenses are generally punished by a whipping with more serious consequences for repeat offenses. • Homosexuality. Sharia codes differ on the severity of punishment for acts of homosexuality, but not on whether homosexuals should be punished. On this, they are in complete agreement. Many sharia codes demand the death penalty for homosexuality (see Section 8.10.). Many other examples could be supplied of actions that would normally not attract the attention of most legal systems but are crimes under sharia. It should be emphasized that these “crimes” are still aggressively prosecuted in the Islamic world. Because of this, multiple examples of people losing their lives because of apostasy, blasphemy, adultery and homosexuality in the 21st-century Islamic world can be cited. 3.8.2. Sharia’s illegal commands In addition to regarding certain normally non-criminal acts as crimes, sharia also positively commands certain actions that would normally be viewed as crimes. Some examples: • Domestic Violence. The Qur’an is clear that men should beat their wives if they persist in disobedience: “Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband’s] absence what Allah would have them guard. But those [wives] from whom you fear arrogance-[first] advise them; [then if they persist], forsake them in bed; and [finally], strike them” (Qur’an 4: 34) 128. Wife-beating is, therefore, perfectly legal and even actively encouraged under sharia codes. • Sex Discrimination. Sharia follows the Qur’an’s instructions on inheritance and rules of evidence. According to this, a woman can only inherit half of what a man can (Qur’an 4: 11) 129. The testimony of a woman is also worth only half of that of a man (Qur’an 2: 282) 130. Sharia, therefore, entrenches gender inequality by recognizing the legality of discrimination against women. • Underage Sex. Because of Muhammad’s personal example and the clear teaching of the Qur’an that allows for the divorce (and, thus, marriage) of pre-pubescent girls (cf. Qur’an 65: 4) 131, sharia codes do not include adequate restrictions outlawing sex with minors. It is, on the contrary, the case that any effort by governments in the Muslim world to bring the age of consent in line with international standards is bound to be met with fierce resistance by Islamic religious establishments. • Slavery. The Qur’an and hadiths do not contain a single condemnation of slavery, but treat it as a fact of life. Add to this Muhammad’s personal example as a slave owner132, and it will quickly become clear why sharia does not contain any provisions outlawing slavery. While it is true that slavery is not prevalent within most of the modern Muslim world, this is certainly not due to any restraining effect exerted by sharia-based legal systems. 3.8.3. The fundamental inequality of sharia One of the most important principles for a legal system to be regarded as just is equality before the law. In other words, the testimony of any witness should be of equal value to that of any other witness. A system where the value of a person’s testimony is diminished simply because of who they are (e.g., a woman or a non-Muslim), would rightly be regarded as fundamentally unfair by most right-thinking people. Yet, this is exactly how sharia operates. Not all people who stand in the witness box are equal–not by a long shot. The testimony of a woman under sharia is worth only 50% of that of a man (see above). Think of the implications this would have in rape cases. If it is the word of a man against that of a woman, he will always come out on top under sharia rules of evidence. Inequality before the law also extends to non-Muslims. Under some sharia codes, non-Muslims are absolutely forbidden to testify against Muslims. Under others, their testimony will be valued at a certain percentage of the value of the testimony of a Muslim. This means that non-Muslims will always have the decks stacked against them in lawsuits where they have to testify against a Muslim. 3.8.4. Sharia’s barbaric punishments Modern human rights principles identify “cruel and unusual punishment” as one of the most basic and fundamental violations of human rights. Unfortunately, Islamic law mandates exactly this kind of punishment for a variety of offenses, some of which would not be regarded as crimes under non-Islamic legal codes. These punishments include: • Amputation: There are two verses of the Qur’an (and plenty of hadiths) that mandate the removal of limbs for offenses against Islamic law. They are Qur’an 5: 33 (See Section 8.2. for a discussion of the implications of this text): “The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter” 133; and Qur’an 5: 38: “As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power” 134. • Stoning: Although not directly mandated in the Qur’an, stoning still forms part of sharia legal codes. This is because of the insistence of Muhammad’s wife Aisha (supported by Caliph Umar) that the Qur’an once contained a verse commanding the stoning of adulterers (see Sunan Ibn Majah Volume 3 Book 9 Hadith 1944) 135. • Crucifixion. Executing criminals through crucifixion is an ancient and barbaric practice that amounts to terrible torture before the victim dies. Yet, it is commanded as a punishment in Qur’an 5: 33 (see above) and is, therefore, an acceptable punishment under sharia. This section merely skimmed the surface as far as the incompatibility of sharia and modern Western values is concerned. It should be sufficient, however, to convince the reader that the application of Islamic law is certainly not a recipe for utopia, but that it will, instead, inevitably lead to the entrenchment of inequality, injustice and cruelty; not to mention the acts of violence that will inevitably accompany its application.”

— Nothing to do with Islam?: Investigating the West's Most Dangerous Blind Spot by Peter Townsend