The Application of Sharia Law in the United States
In the effort to understand this controversial and inflammatory subject, his explanation proved very helpful. Here is a list of what is and is not allowed in the American judicial system: Allowed: Distribution of inheritance according to religious motivation Not: Asking the court to divide inheritance according to shariah law
US law allows freedom of contract and disposition of property. One may divide one’s property in a will according to whim, or ask a religious scholar to divide it according to shariah law. But the court does not accept competency to interpret religious laws, and would reject a request asking it to do so. Allowed: Application of foreign law to determine marriage or overseas injury Not: Specifics of foreign law against US code or procedural discrimination of testimony
US law will accept that two foreign individuals are married if they were legally married according to the law of their country of emigration. If in foreign nations marriage is determined according to shariah, then US courts must take this into consideration for the determination of marriage in a domestic dispute. Foreign acceptance of polygamy, however, has no application in US courts. Similarly, if an American is injured abroad and sues a company with representation in America, tort laws are determined by the nation in which the injury occurred. But should foreign tort laws limit the value of female testimony, as for example in some understandings of shariah, this has no carry-over consideration in the American lawsuit. Allowed: Exemption from work rules for religious reasons Not: Unless it imposes ‘undue hardship’ on an employer or is against government interest
US law permits reasonable accommodation for religious belief, evaluated on a case-by-case basis. So wearing a hijab at work or taking time from the work day to pray may or may not be granted, based on the nature of the employment in question. A famous ruling allowing Muslim taxi drivers to decline a customer carrying alcohol may or may not have been judged correctly, but what is important is that it was based on existing American precedent, not in understanding what is right in Islamic shariah. Allowed: Granting accommodation to students or clients that impose only modest costs on the granting institution Not: Evaluation of these requests on the basis of which religious group asks for them
US law allows public and private institutions to better serve citizens and customers by appealing to their religious sentiments, as long as this does not damage the public interest as a whole. Banks have offered sharia-compliant loans, for example, and schools with high density Muslim populations have granted a full day off on holidays rather than just excusing Muslim students. Examples of this sort apply equally to all religious petitions, and must not be judged on the basis of which religion benefits. Allowed: Efforts to legislate Islamic morality in heavily populated Muslim areas Not: Unless it violates the Free Speech Code or Equal Protection Clause
US law permits citizens to lobby government to pass laws reflective of morality. In local areas therefore, Muslims are as free as others to pass legislation barring alcohol, for example. Should any locality, however, seek to encode restrictions on “blasphemy” or limit the rights of women, it will stand in clear violation of existing US law and be struck down by the courts.
Many Americans today associate the word “evangelical” with white Republicans, especially the large number who voted for Trump in the 2016 election. How did the word “evangelical” become disconnected from vibrant Christian faith and connected, instead, in popular usage at least, to politics and ethnicity? In part, through the movement’s increasing politicization, ethnic misunderstandings between black and white evangelicals, and the rise of polling data tracking religious demographics. The term’s evolution presents a fresh challenge to American Christians, who cannot afford to mistake this-worldly political affiliations with our heavenly citizenship…
Every few days, we seem to wake up to another massacre committed by ISIS. And these are, of course, only the ones that the media reports. ISIS, in reality, is committing massacres on a daily basis. We have become familiar with their crimes in Syria and Iraq since last summer. But now their latest playfield, we are learning, is Libya. And their latest scapegoats are the Copts of Egypt.
In a recent, 21-page long analysis in The Atlantic, entitled ‘What ISIS Really Wants,’Graeme Wood argues that the ISIS interpretation and application of Islam is one of many ‘legitimate’ manifestations of Islam. He nowhere argues that this is the only, or even the main, interpretation of the religion. Therefore, though it is important also to read and be aware of Wood’s critiques, it seems to me that many have been too quick in accusing him of contributing to the stereotyping of Islam. For instance, the article of Jack Jenkins, on the website thinkprogress.org, ‘What the Atlantic Gets Dangerously Wrong about ISIS and Islam,’ dismisses him far too quickly. In my opinion, his dismissal is based on arguments that he readsinto Wood’s analysis, rather than on actual affirmations Wood makes. We all need to form our opinions based on our own analysis of the arguments offered, but here are 5 takeaways that I propose, taken from the most recent events and their analyses
One of my students asked me why would any Muslim in his right mind join ISIL. I said to her that I can give you right away at least five reasons but if you are willing to wait till tomorrow I will come up with a longer list. ISIS, the Islamic State in Iraq and Syria, was the first name that was given to the organization since its territory was in Iraq and Syria. Their vision is far bigger than Iraq and Levant. They want to expand into Asia, Africa and Europe. The next morning I gave my students 25 reasons why Muslims are eager to join ISIL; here are 10 of them.
Success and a staying presence. Muslims see the black flag raised on expanding landmarks and they appear to be winners. Unlike foreign armies who would sooner or later leave, these people are there to stay.
Up-to-date attractive social media. Unlike the boring monologues of Ayman Zawahiri, the current leader of al Qa’eda, they use clever propaganda videos that have an appeal to the youth.
Purpose for living. So many young men and women whether in Muslim countries or in the West have no demanding or consuming purpose for living. ISIL offers young Muslims what they see as a large enough purpose for living and for dying.
America’s support for Israel. A Muslim American young man was arrested on his way to Turkey to join ISIL in Syria. His reason for wanting to join ISIL was: “Why should the taxes of American Muslims go to support Israel killing Muslims in Gaza.”
Western Societies are immoral. In spite of the abundance of church buildings in Europe and in the United States, Muslims see moral standards deteriorating rapidly as they see Americans and Europeans accepting as normal same sex marriages and people living together without being married.
Shock and Awe through decapitation. With their “shock and awe” strategy of decapitating some of their captives or burning them alive, they are aiming to intimidate not only individuals and armies but even nations. ISIL fighters are volunteers who are not afraid of death.
Influence of bridge builders. There are several famous bridge builders such as Anwar al-Awalaki who are well equipped to use the internet and can motivate and recruit disillusioned young men and women in the West to join ISIL and other radical groups.
The Shiites got inflated with power and they abused it. The Sunni majority in Iraq perceive the Shiites as syncretistic or even heretical. They would rather be ruled by the Sunni ISIL rather than by the abusing Shiites.
ISIL’s strong financial status is attractive. ISIL has a strong financial base. They have captured banks, sell oil, get taxes and get easy money in exchange for hostages. Muslims see ISIL as an organization which will keep going for a very long time and cannot be disarmed, dismantled and destroyed.
Hope for a restoration of the Caliphate. Many Muslims yearn for a day when the Caliphate will be restored and Muslims around the world will be united under one leader like Catholics are united under the Pope. Abu Bakr al-Baghdadi declared himself the Caliph of the Islamic State and called himself Caliph Ibrahim.