Author(s):

ECHR Ruling: 

"sharia law is incompatible with democracy and human rights"

Source: 

Annual Report 2003 of the European Court of Human Rights

Council of Europe

Islam Four Challenges
Summary: 

The way I see it, what ISIS did was that they want to force the reality of today’s living to be following what is in the source of Islamic teaching. Everything they [ISIS] did, they have the justification from the authoritative references of Islamic teachings.

 

Now, when we are thinking about whether Islam is compatible to democracy or not, we then have to observe the mindset of Muslims about Islam. The question would be: is the mindset of Muslims about Islam compatible to democracy? When we look into the references in classical discourse of Islam, we will find several problematic elements there. I can point out among many problematic elements - four centers of concerns - related to not just democracy but to the nature of our current civilisation.

The first is the teaching about relationship between Muslims and non-Muslims. In the classical discourse of Islamic teaching, the dominant view of this matter is that Muslims and non-Muslims are enemies. The basic norm of the relationship between Muslims and non-Muslims are enmity. That is what’s dominant in the classical discourse of Islamic teaching. For example, in the tafsir Quran by At-Tobari, or At-Tabarani or Ibnu Kathir, it was stated that non-Muslims, meaning infidel, is permissible to be killed merely because of their infidelity. That is there in the discourse. We also, for example, have in the very famous book in Shafi’ tradition, I’anatuth Thalibin, whereby it is stated there that Muslims have the collective obligation to do expansive jihad towards non-Muslims at least once a year. It is there in the discourse. So, we still have this problematic element in the reference that is still considered to be very authoritative among Muslims all over the world. Therefore, the first problematic element is the teaching about the relationship between Muslims and non-Muslims.

The second problematic element is the teaching about the conflict of religion itself. What kind of conflict? The category of conflict that is eligible to be considered as conflict of religion. For example, when the Buddhist in Myanmar attacked Muslims there, it is already a legitimate reason for Muslims everywhere in the world to declare war against the Buddhists. I believe you are all aware that these kinds of arguments have also been the arguments that the terrorists groups such as ISIS and Al-Qaeda used to attract Muslims to join them. Because the infidels from America attack Muslims in Iraq and in the Middle East, then it is a legitimate reason for Muslims to attack any Western infidels all over the world. That is their argument. And it is justified in the classical course of Islamic teaching.

The third problematic element would be the existence of nation states. You see, nation state is now the base of our current world order. The world order we have now is based on the existence of nation states but this is something new and there is no normative base about nation state in the classical discourse of Islamic teaching. What is dominant there in the discourse of Islamic teaching is the obligation for Muslims to struggle for one grand imamate meaning one universal political system under one Muslim ruler. It is in there in the classical discourse of Islamic teaching.

Then, the fourth problematic thing would be the status of state laws as the alternative of Shariah. How would Shariah see the state laws? State laws that are produced by modern political processes, by democracy. Is it an obligation for Muslims to follow the state laws or should they reject the state laws and follow the Shariah instead? Is following state laws such as the traffic regulation an obligation for Muslim, a “Shariah obligation” for Muslim, or is it just a worldly affair not related to religion? All these are centers of our concern regarding Islamic teachings because it is still recorded in the most authoritative references of Islamic teaching.

See also: 

Among Muslims and non-Muslims, there is an urgent need to address those obsolete and problematic elements of Islamic orthodoxy that underlie the Islamist worldview, fuelling violence on both sides. The world’s largest Muslim organisation, Indonesia’s Nahdlatul Ulama, of which I am General Secretary, has begun to do exactly that.

The truth, we recognise, is that jihadist doctrine, goals and strategy can be traced to specific tenets of orthodox, authoritative Islam and its historic practice. This includes those portions of Shariah that promote Islamic supremacy, encourage enmity towards non-Muslims and require the establishment of a caliphate. It is these elements – still taught by most Sunni and Shiite institutions – that constitute a summons to perpetual conflict.

Jihad is Islamic
Summary: 

Among Muslims and non-Muslims, there is an urgent need to address those obsolete and problematic elements of Islamic orthodoxy that underlie the Islamist worldview, fuelling violence on both sides. The world’s largest Muslim organisation, Indonesia’s Nahdlatul Ulama, of which I am General Secretary, has begun to do exactly that.


The truth, we recognise, is that jihadist doctrine, goals and strategy can be traced to specific tenets of orthodox, authoritative Islam and its historic practice. This includes those portions of Shariah that promote Islamic supremacy, encourage enmity towards non-Muslims and  It is these elements – still taught by most Sunni and Shiite institutions – that constitute a summons to perpetual conflict.

It is our firm view that, if Muslims do not address the key tenets of Islamic tradition that encourage this violence, anyone – at any time – can harness them to defy what they claim to be illegitimate laws and butcher their fellow citizens, whether they live in the Islamic world or the West. This is what links so many current events, from Syria to the streets of London. There is a desperate need for honest discussion of these matters. This is why it worries me to see Western political and intellectual elites weaponise the term “Islamophobia,” to short-circuit analysis of a complex phenomenon that threatens all humanity. For example, it is factually incorrect and counter-productive to define Islamophobia as “rooted in racism,” as proposed by the All-Party Parliamentary Group on British Muslims. In reality, it is the spread of Islamist extremism and terror that primarily contributes to the rise of Islamophobia throughout the non-Muslim world. That is why it is vital to challenge the prevailing “Muslim mindset,” which is predicated upon enmity and suspicion towards non-Muslims, and often rationalises perpetrating violence in the name of Islam. Otherwise, non-Muslims will continue to be radicalised by Islamist attacks and by large-scale Muslim migration to the West.

See also:  

where this article appeared in the UK press.

 

 

Country: 
United Kingdom (UK)
News Date: 
08/03/2019
Summary: 

‘Cultural racism’

Tellingly, there is no attempt to define ‘Islam’ in the APPG report. What they have done instead is racialise Islam so as to make Islamophobia a form of racism. It does not matter that Islam is not a race, or that many Muslims do not see themselves as anything like a separate race. The authors want Islamophobia to be seen as racist. The report explains:

Country: 
United Kingdom (UK)
News Date: 
12/04/2016
Summary: 

To Phillips’s list, I would add closing down Islamic schools which teach contempt for women and non-Muslims. Ban all Sharia courts immediately and insist on British law for everyone.

Summary: 

Ending the cycle of violence requires addressing not only the ideology and motivations of someone like Tarrant, but also the historical framework he shares with many Muslims. That is, that Muslims and non-Muslims are and shall remain in a state of permanent conflict, until the end of time (according to Islamists) or the disappearance of Islam (according to advocates of a “counter-jihad”). Among Muslims and non-Muslims, there is an urgent need to address those obsolete and problematic elements of Islamic orthodoxy that underlie the Islamist worldview, fuelling violence on both sides. The world’s largest Muslim organisation, Indonesia’s Nahdlatul Ulama, of which I am General Secretary, has begun to do exactly that.

The truth, we recognise, is that jihadist doctrine, goals and strategy can be traced to specific tenets of orthodox, authoritative Islam and its historic practice. This includes those portions of Shariah that promote Islamic supremacy, encourage enmity towards non-Muslims and It is these elements – still taught by most Sunni and Shiite institutions – that constitute a summons to perpetual conflict.

There is a desperate need for honest discussion of these matters. This is why it worries me to see Western political and intellectual elites weaponise the term “,” to short-circuit analysis of a complex phenomenon that threatens all humanity. For example, it is as proposed by the All-Party Parliamentary Group on British Muslims. In reality, it is the spread of Islamist extremism and terror that primarily contributes to the rise of Islamophobia throughout the non-Muslim world.

See also: 

 

Author(s):

Summary: 

Relevant Quotes

The quotes below come from the Umdat al-Salik and, crucially, represent what is considered to be an authoritative work of Shari’a from the Shafi’i school of Islamic jurisprudence. As we have seen from the concept of “scholarly consensus” (explained above), the rulings included here are legally binding, according to Shari’a.

On children:

  • When a child with discrimination (O: meaning he can eat, drink, and clean himself after using the toilet unassisted) is seven years of age, he is ordered to perform the prayer, and when ten, is beaten for neglecting it (N: not severely, but so as to discipline the child, and not more than three blows). f1.2

On apostates:

  • Someone raised among Muslims who denies the obligatoriness of the prayer, zakat, fasting Ramadan, the pilgrimage, or the unlawfulness of wine and adultery, or denies something else upon which there is scholarly consensus (ijma’, def:b7) and which is necessarily known as being of the religion (N: necessarily known meaning things that any Muslim would know about if asked) thereby becomes an unbeliever (kafir) and is executed for his unbelief (O: if he does not admit he is mistaken and acknowledge the Obligatoriness or unlawfulness of that which there is scholarly consensus upon. As for if he denies the obligatoriness of something there is not consensus upon, then he is not adjudged an unbeliever). f1.3
  • The following are not subject to retaliation: … (3) a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences); o1.2
  • When a person who has reached puberty and is sane voluntarily apostatizes from Islam, he deserves to be killed. o8.1
  • In such a case, it is obligatory for the caliph (A: or his representative) to ask him to repent and return to Islam. If he does, it is accepted from him, but if he refuses, he is immediately killed. o8.2

On jihad:

  • The caliph (o25) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax (jizya, def: o11.4)-which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (O: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (O: in accordance with the word of Allah Most High, “Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His messenger have forbidden-who do not practice the religion of truth, being of those who have been given the Book-until they pay the poll tax out of hand and are humbled” (Koran 9.29) o9.8
  • The caliph fights all other peoples until they become Muslim (O: because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax (jizya)) o9.9
  • A free male Muslim who has reached puberty and is sane is entitled to the spoils of battle when he has participated in a battle to the end of it. o10.1
  • As for personal booty, anyone who, despite resistance, kills one of the enemy or effectively incapacitates him, risking his own life thereby, is entitled to whatever he can take from the enemy, meaning as much as he can take away with him in the battle, such as a mount, clothes, weaponry, money, or other. o10.2

Author(s):

Summary: 

To illustrate how the legal concepts of the Islamic “Lawgiver” differ significantly from those based on reason, here are some familiar commands from Mosaic Law that have underpinned Western society:

  • Love your Neighbor (or “the Golden Rule”):  “Those who follow [Muhammad] are ruthless to the unbelievers but merciful to one another. (Quran 48:29)   Islam always distinguishes between Muslims and non-Muslims.
  • Do not Murder:  Sharia exceptions: Murdering an apostate (deserter of Islam) (Para. o4.17) and a parent murdering his/her children or his/her children’s children (Para.  o1.2(4))   The latter exception applies to honor murders.
  • Do not commit Adultery:  Sharia exceptions: Sex with multiple wives (m6.10), sex with slaves and captives (Quran 33:50), and sex with temporary wives (Quran 4:24).
  • Do not steal:  Sharia exceptions: Forcible seizure, snatching and running, and theft by betraying a trust (embezzlement). (Para. o14.6)   Corruption is rampant in Islamic states due to these exceptions.
  • Do not bear false witness:  Sharia exceptions: It is OK to break the intent of the oath, as long as you don’t break the letter of the oath. (Para. o19.1) and “When it is possible to achieve such an aim by lying but not by telling the truth, it is permissible to lie if attaining the goal is permissible.” Examples including protecting Islam or a Muslim. (Para. r8.2)

 

Proposed Dutch Bill on Islam

Author(s):

Summary: 

Greetings to all who shall see or hear these present! Be it known: Thus We consider that it is desirable to designate Islam for what it really is and to, therefore, establish a ban on certain Islamic manifestations in the public space. We, therefore, having heard the Advisory Division of the Council of State of the Kingdom, and in consultation with the States General, have approved and decreed as We hereby approve and decree:

Section 1 Islam is not a religion or a philosophy of life but a violent, totalitarian ideology.

Section 2 1. The following Islamic manifestations are banned:

a. mosques

b. schools

c. the Koran

d. wearing a burka or a niqab

2. The term used under subsection l.a should also be taken to mean every space used as an Islamic house of worship or prayer room unless it takes place in a domestic setting.

3. All educational institutions referred to under subsection 1 .b that teach Islamic ideology are banned.

4. The printing, distributiori or sales of the Koran referred to in subsection 2.c is banned.

5. Wearing a burka or a niqab referred to in subsection 1.d .is banned unless it takes place in a domestic setting.

Summary: 
  • "Nigeria security has declared war against Christians in this country." — Pastor Kallamu Musa Ali Dikwa, executive director of Voice of Northern Christian Movement, Nigeria.

  • While uncritically taking in and conferring refugee status on countless Muslim migrants, European authorities continued singling out those most in need of sanctuary for deportation.

  • "Afghanistan is not a safe place for a Christian convert. The Court should ask Switzerland to stop turning a blind eye to the situation of religious minorities in Afghanistan... Sending a refugee back to a country where they face persecution because of their faith is incompatible with the Convention." — AFD International.

Country: 
United Kingdom (UK)
News Date: 
17/07/2018
Summary: 

The government received information detailing the extent of  activity in as far back as 2002 but failed to properly act on it, a review has found. The National Crime Agency’s ongoing investigation has revealed that more than 

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