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Sharia

Summary:


Sharia Law: Islam’s Warden

I think the best way to begin is with how Sharia is the life-force of Islam. 

To be sure, we must understand why Sharia is the life-force of Islam, and why Islam must impose (by force, if needed) Sharia to the entire world. Once we grasp this tenet, then we can understand how and why myriad specific Sharia laws affect lives.

The basic tenets of Sharia emanate with the assumption that Allah has chosen the believers (i.e., the Muslims) to rule the world. It might sound fascistic, but make no mistake: the Qur’an is absolutely determined to hand over the rule of the world to the followers of Islam: more specifically, to the Bedouin Arabs. Because Islam = Arabism. In the Qur’an (3:104, 3:110) Allah says that Arabs are the best of people ever created.

http://www.real-islam.com/abulkasem/Sharia-Laws-Islam-Warden.htm

Mapping Sharia is also a very useful site on explaining some aspects of shariahttp://mappingsharia.com/?page_id=79

  • ECHR Ruling Relating to Sharia Law 2003

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    Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

    Noting that the Welfare Party had pledged to set up a regime based on sharia law, the Court found that sharia was incompatible with the fundamental principles of democracy as set forth in the Convention. It considered that “sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it”. According to the Court, it was difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverged from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervened in all spheres of private and public life in accordance with religious precepts.

  • 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

  • Riyad-us Saliheen

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    The quotes below come from Riyad-us Saliheen and, crucially, represent what is considered to be an authoritative commentary and analysis of passages from the Koran and the six major collections of hadiths. For a believing Muslim audience, they are meant to convey the plain meaning of those passages, as accepted by generations of Muslim scholars, and form the basis of law in the Shafi’i school of Islamic jurisprudence, or Shariah

    On Women:

    • Although Islam has permitted man, in inevitable circumstances, to rebuke his wife, it has also suggested a very wise course for it. It has suggested that first of all he should advise and preach [to] her, and if she does not mend her ways by these means, then he should stop sleeping with her, which is a great warning for the sensible wife. If she does not improve even by this method, then he may take recourse to slight beating, but in that he must avoid her head and face. He should take recourse to beating if he thinks that it would work, otherwise it is better to avoid it. But surprisingly enough some start the process of reformation with beating and that too with great ruthlessness which has not been permitted by Islam in any case. It is this aspect which the Prophet (PBUH) has highlighted in this Hadith. He has contended that when the wife is indispensable for man and it is very difficult for him to pass night without her then why should he beat her like a slave or bondmaid? He should try to understand that she, too, has feelings and her position is like one of the two wheels of the cart of life. If at all it comes to beating her then he must keep her true status in view before taking recourse to it. He should never loose sight of her importance in conjugal life. Chapter 34:274
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    • ‘Amr bin Al-Ahwas Al-Jushami (May Allah be pleased with him) reported that he had heard the Prophet (PBUH) saying on his Farewell Pilgrimage, after praising and glorifying Allah and admonishing people, “Treat women kindly, they are like captives in your hands; you do not owe anything else from them. In case they are guilty of open indecency, then do not share their beds and beat them lightly but if they return to obedience, do not have recourse to anything else against them. Chapter 34:276
    • On Jihad:

    • The Hadith points out the superiority of fighting in the way of Allah. The moment one fights for Allah’s sake, be it in the early morning or the evening, is better than the world and all that is in it. Chapter 234:1287-1288
    • It [Haddith] brings into focus the excellence of fighting Jihad with one’s wealth and life for the sake of Allah. Chapter 234:1289
    • This Hadith highlights the excellence of observing Ribat [guarding the Islamic frontier for the sake of Allah] and fighting in the way of Allah. It also highlights the insignificance of this world and the great reward in the Hereafter which can be attained through Jihad. Chapter 234:1290
    • The example cited here [in this Haddith] means that so long a Mujahid is engaged in Jihad, he is like a person who keeps himself occupied in Salat [prayer] at night and observes Saum [fasting] in the day time. The action of such a person can be equal in reward to the conduct of a Mujahid. Thus, in special situations Jihad is the most meritorious act. A worshipper cannot attain that reward for his worship which a Mujahid achieves in Jihad. Chapter 234:1298
    • This Hadith also stresses the fact that if a person is unable to take part in Jihad due to illness, for example, he should then provide such material to a Mujahid which is helpful for him in Jihad. If he does so, he will be eligible to the same reward which is due on Jihad. This would also be a source of increase and growth in his possessions. Chapter 234:1308
    • Jannat-ul-Firdaus is the highest portion of Jannah [Paradise]. The allocation of this portion [of Paradise] to the martyrs is a proof that Jihad is very much liked by Allah. Chapter 234:1319
    • What this Hadith really means is that when the situation calls for Jihad then the foremost priority of a Muslim should be Jihad. In such an event his passion for touring the world should yield to the spirit of Jihad against the infidels and then he must with his full force fight against the enemy. Chapter 234:1345
    • This Hadith means that one who neither takes part in Jihad nor provides arms to a Mujahid nor looks after the families of the Mujahidun during their absence, is guilty of crimes for which he is punished in this world by Allah. It is, therefore, the duty of the Muslim Ummah [community] that it should in no way neglect the obligation of Jihad and all its requirements; otherwise it will suffer punishment in this world and in the next. Chapter 234:1348
    • This Hadith mentions three categories of Jihad, namely Jihad with wealth, Jihad with one’s life and Jihad by speech. One should make Jihad as is warranted by the situation one is confronted with. That is, where a Muslim is required to sacrifice his life, he must sacrifice his life; where he is required to sacrifice his wealth, he should spend wealth; and where he is required to make Jihad by means of his speech, he should do it by speech. One should not hesitate to spend for the sake of Allah what is required by the situation. Chapter 234:1349
    • The Ahadith mentioned in this chapter make the importance of Jihad and the reason for so much stress on it abundantly clear. These also show how great a crime it is to ignore it. It is very unfortunate indeed that present-day Muslims are guilty of renouncing Jihad in every part of the world. May Allah help us to overcome this negligence. Chapter 234:1352
  • Summary: 

    A random survey of 100 representative mosques in the U.S. was conducted to measure the correlation between Sharia adherence and dogma calling for violence against non-believers.  Of the 100 mosques surveyed, 51% had texts on site rated as severely advocating violence; 30% had texts rated as moderately advocating violence; and 19% had no violent texts at all.  Mosques that presented as Sharia adherent were more likely to feature violence-positive texts on site than were their non-Sharia-adherent counterparts.  In 84.5% of the mosques, the imam recommended studying violence-positive texts.  The leadership at Sharia-adherent mosques was more likely to recommend that a worshipper study violence-positive texts than leadership at non-Sharia-adherent mosques.  Fifty-eight percent of the mosques invited guest imams known to promote violent jihad.  The leadership of mosques that featured violence-positive literature was more likely to invite guest imams who were known to promote violent jihad than was the leadership of mosques that did not feature violence-positive literature on mosque premises. 

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  • Summary: 

    Frustrated at what she perceived as failures in both Labour and UKIP (having been a former candidate of both parties in the past), Waters went on to create For Britain, a party that is built on preserving British culture and national pride. Waters has come under fire from her detractors regarding her stance towards Islam and the rise of Sharia in the UK.

    I have always been interested in the world around me, but I became politically active when I started working for the NHS some years ago. I am very supportive of the NHS and its aims; that all people should have access to healthcare regardless of income. I became involved in Unison and worked as an employee representative in the health service. I was also studying law part-time.

    Doing a law degree opened my eyes to many of the problems of injustice that were occurring in our society, I also became friends with a devout Muslim woman – it was this that began my journey in to Islam. I learned of the restrictions placed upon my friend’s life by her family, simply because she was a woman. I learned that these restrictions were placed upon women throughout many minority communities, but particularly among Muslim communities; women even faced threats of death for “misbehaving”. I learned this was commonplace in the same Britain that had produced the Suffragettes (my heroines), and that sharia law – a deeply anti-woman system of codes and religious laws – was informally practised in the UK, having a profound effect on the lives of thousands of people.

    I then read the Koran to greater understand the religion and I realised that all of the terrible things associated with Islamic societies around the world, were coming directly from Islamic scripture. I began to tell this truth and this made me realise the importance of truth – telling it can be an extremely dangerous thing to do. People often don’t want to hear the truth as it can be too difficult to face, and rather than do so, people will smear and silence the truth-teller. I’ve experienced this from day one and I continue to experience it today.

  • Summary: 

    The Islamic State terror group, also known as ISIS or ISIL, pushed two gay men, blindfolded, to their deaths from a roof in Homs, Syria, last August. After plummeting to the ground, with their heads splattering on the concrete, they were stoned by an angry mob, which included children. All of it was recorded and posted to the Internet. This year, the U.K.-based Observatory for Human Rights estimates at least 25 people have been killed by ISIS for being gay: six stoned, three shot in the head and 16 thrown from highrise buildings. “The people of Lot,” or so the LGBT community is called by Muslims, a Koranic euphemism for sodomy — are singled out and executed by the religious group simply for being gay.

    But perhaps the fact most hidden by the mainstream media is that you don’t have to be part of ISIS to believe this. It is part of Muslim Sharia law, shared commonly in Middle Eastern countries.

  • Sharia, Homosexuality and LGBT Rights in the Muslim World

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    Yet it seems that there is a certain “privileged” connection between Islam and the repression of homosexuality. All five states that currently punish same-sex relations by the death penalty are Sharia-compliant: Iran, Yemen, Saudi Arabia, Mauritania, and Sudan.9 The death penalty is also applied in the northern region of Nigeria, which has predominantly Muslim populations, and the southern parts of Somalia.10 The most brutal punishments, including lashes and public stoning, as well as arbitrary executions, also occur in Muslim-majority states (namely, Iran, Yemen, Saudi Arabia, Sudan, Qatar, Pakistan, Afghanistan, and Malaysia).11 Some of the Islamic states that impose life imprisonment do so on the basis of the Sharia injunctions (for example, Maldives).12 Even the most “tolerant” states still punish the offense of “unnatural intercourse” (Bangladesh). 13 Furthermore, the Muslim-majority states that criminalize same sex relationships have also proved to have the highest levels of homophobia and intolerance towards sexual diversity.

  • Country: 
    United Kingdom (UK)
    News Date: 
    08/07/2018
    Summary: 

    A radical Islamist preacher who has said he 'does not believe in democracy' and is 'not obedient' to secular law is working as an expert witness to British courts, MailOnline can reveal.

     

  • Country: 
    Nigeria
    News Date: 
    08/07/2018
    Summary: 
    • This brings the death toll of Christians to more than 6,000 since the start of 2018.

    • "The Islamists of northern Nigeria seem determined to turn Nigeria into an Islamic Sultanate and replace Liberal Democracy with Sharia as the National Ideology. The object of course, is to supplant the Constitution with Sharia as the source of legislation." — National Christian Elders Forum, a wing of the Christian Association of Nigeria.

  • Country: 
    United Kingdom (UK)
    News Date: 
    05/04/2016
    Summary: 

    MUSLIM extremists have taken control of a entire prison block turning it into a “no-go zone” for other inmates who refuse to move there over fears they will be forced to convert.

  • Country: 
    United Kingdom (UK)
    News Date: 
    02/06/2016
    Summary: 

    Some Muslims in British prisons are living under Sharia law, it is claimed.

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

    An entire unit at HMP Gartree in Leicestershire is being run under Sharia Law, according to prison union leaders

  • Country: 
    United Kingdom (UK)
    News Date: 
    15/03/2010
    Summary: 

    Non-Muslim inmates at the high-security Long Lartin jail have been forced by the gangs to stop playing "Western" music and take down pictures of women from their cells, according to one former prison officer there. Prisoners at the jail, although allowed to cook their own food, are not allowed to prepare pork for fear of offending the Muslim inmates, the officer said.

  • Summary: 

    Muslims are increasingly running for political office. We have the perfect forum for asking well crafted questions about Sharia. They may say that Sharia is just a religious concept or that there are parts of Sharia they don’t practice. However, only part of Sharia is about how to practice Islam. But it is not enough to reject a particular part of Sharia. All of Sharia is based on the Koran and the Sunna of Mohammed. If you reject Sharia you must also reject the underlying Koran and Sunna.

  • Summary: 

    From very early on, Sharia judges utilized a “near endless list of ambiguities” that functioned as an “escape hatch” from corporal punishment. Even in the few Muslim majority nations where Hudud sentences are still applied (e.g., Nigeria, Sudan, Iran, and Saudi Arabia), they are infrequently carried out:

    Between 1981 and 1992, there were four executions by stoning in Saudi Arabia and forty-five amputations for theft. In a one-year sample (1982-83), out of 4,925 convictions for theft, only two hands were cut off. The rest of the guilty were punished by taʿzīr [discretionary sentencing applicable to lesser crimes]. In the same time period, out of 659 convictions for Hudud-level sexual crimes, no one was stoned. Many death sentences are the result of political punishments, not the Hudud. In Nigeria’s northern states, all of which have adopted Shariah-based legal codes, a few amputations for theft have taken place. There have been at least two sentences to death for adultery, but in all cases so far ambiguities were found to release the guilty party.

    Admin: Four executions by stoning and 45 amputations in a decade seems to be an acceptable price to pay for liberals to try and exculpate sharia. This article also erroneously implies sharia only appiies to Muslims when the manual of sharia clearly states that, with a few exceptions, it does apply to non-Muslims. The article also ignore the many people slaughtered by sharia vigilantes for 'blasphemy', insulting Islam etc.

  • Country: 
    Pakistan
    News Date: 
    05/03/2018
    Summary: 

    The petitioner maintained that Sharia provides solution for all ills confronted by Pakistan and asked the court to order the respondents to amend the Constitution to implement Islamic laws.

    015 under Article 184(3) of the Constitution through his counsel Tariq Asad.

    The Registrar office of the Supreme Court had turned down the plea in February 2016 by declaring it as non-maintainable. The cleric had challenged the rejection.

  • Summary: 

    Sharīʿah, also spelled Sharia, the fundamental religious concept of , namely its law, systematized during the 2nd and 3rd centuries of the Muslim era (8th–9th centuries CE).

    Total and unqualified submission to the will of  (God) is the fundamental tenet of Islam: Islamic law is therefore the expression of Allah’s command for Muslim society and, in application,  a system of duties that are incumbent upon a Muslim by virtue of his religious belief. Known as the Sharīʿah (literally, “the path leading to the watering place”), the law constitutes a divinely ordained path of conduct that guides Muslims toward a practical expression of religious  in this world and the goal of divine favour in the world to come.

    ...

    In classical form the  differs from Western systems of law in two principal respects. In the first place the scope of the Sharīʿah is much wider, since it regulates an individual’s relationship not only with one’s neighbours and with the state, which is the limit of most other legal systems, but also with God and with one’s own  practices, such as the daily prayers, almsgiving, fasting, and , are an  part of Sharīʿah law and usually occupy the first chapters in the legal manuals. The Sharīʿah is also concerned as much with  standards as with legal rules, indicating not only what an individual is entitled or bound to do in law but also what one ought, in conscience, to do or refrain from doing. Accordingly, certain acts are classified as praiseworthy (mandūb), which means that their performance brings divine favour and their omission divine disfavour, and others as blameworthy (makrūh), which means that omission brings divine favour and commission divine disfavour; but in neither case is there any legal sanction of punishment or reward, nullity or validity. The Sharīʿah is not merely a system of law, but a  code of behaviour that embraces both private and public activities

    ...

    Offenses against another person, from homicide to assault, are punishable by retaliation (qiṣāṣ), the offender being subject to precisely the same treatment as his victim. But this type of offense is regarded as a civil injury rather than a crime in the technical sense, since it is not the state but only the victim or his family who have the right to prosecute and to opt for compensation or  (diyah) in place of retaliation.

    For six specific  the punishment is fixed (ḥadd): death for  and for highway robbery; amputation of the hand for theft; death by stoning for extramarital sex relations (zinā) where the offender is a married person and 100 lashes for unmarried offenders; 80 lashes for an unproved accusation of unchastity (qadhf) and for the drinking of any intoxicant.

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  • Summary: 

    While many secular advocates, right-wing parties and orthodox Islamic groups hold tight to the idea of a static, unresponsive and irrational Islamic law, the traditional framework of Islamic Legal Theory boasts otherwise. Here, the neglected principle of ijtihād is analysed.

    The evolutionary vs. immutable nature of Islamic law has been a controversial topic for centuries abound. Can Islamic law develop in response to the ever changing demands of human life? Or have its dictates been determined once and for all, binding it to a complete, static and indisputable set of laws? Is Islamic law an ancient, outdated system that lives in an era far away from our so-called modern times or can it evolve in response to new challenges and circumstances? As Islam becomes an increasingly hot topic of discussion in the media, amongst universities, work places and the general public, such questions are crying out for attention. So, here is my abridged analysis of the notion that lies at the heart of this discussion: ijtihād.

    ...

    But this assumption rests upon an excessively reductive and shallow perception of the nature of Islamic law. Islamic law can be divided into two spheres: the fixed and the flexible. Both spheres grow from the roots of Islam (Sharī’a) but differ in nature.

    The fixed sphere constitutes the core of Islamic law and can be seen as encompassing those areas of law related to the rights of Allāh over the Muslim community. This includes acts of worship, prescribed penalties and all areas of law that are directly expressed in the Qur’ān and Sunnah, either explicitly or implicitly by way of strict analogy. Examples include daily prayers and the prohibition of interest. Signifying the absolute limits of the law, these rulings are fixed and unalterable; they cannot be revised or renewed at any period, regardless of the circumstances that pertain. This sphereconstitutes the basic laws of Islam and provides the boundaries within which the rest of the law is to be developed.

    See also: 

  • Summary: 

    Shariah rules were part of the positive law applied by the government of the early Muslim community, which was originally conceived as an entity where political and religious loyalties would be coterminous. At the same time, the shariah was also understood as a system of moral guidance for the individual believer.

    In the Islamic view, governments exist only to ensure that the shariah is properly administered and enforced. Governments are subordinate to the shariah and must execute its commands and prohibitions. In other words, what Islam envisages is a scheme of divine nomocracy, in which the law is the medium of social control—truly, a government of laws, not of men.

    Should the government of a Muslim society fail in its obligation to uphold the shariah as the positive law, or the judges of this world fail in their obligation to administer justice in accordance with the shariah, the individual believer would still be held to the responsibility incumbent upon all Muslims to conform their behavior to the shariah. On the Day of Judgment each Muslim will be held to account for any personal failures to comply with the commands and prohibitions of the shariah.

    ...

    Al-Shafii succeeded in persuading subsequent jurists that the sunnah of the Prophet should be treated as the second root of Islamic jurisprudence and a source co-equal with the Qur'an. It is generally accepted among Muslims not only that the Prophet was a perfect human being and thus worthy of emulation, but also that he enjoyed divine inspiration and thus could make no error in matters of religion or shariah law. As noted, challenges to the authenticity of the hadith literature on which the understanding of the Prophet’s sunnah rested generated a science of hadith criticism to weed out unsound or dubious accounts. In addition, methodologies were worked out to reconcile seeming contradictions and inconsistencies in different hadith and between hadith and verses of the Qur'an. As in the case of the Qur'an, reading the hadith literature without a grasp of how orthodox Islamic scholarship interprets the legal implications of the hadith and the relevant jurisprudence can lead to erroneous conclusions.

    ...

    Most Sunni Muslims have taken the view that the hadith assembled in certain classic collections, such as those of al-Bukhari and Muslim, which date from the latter part of the third century AH, should be regarded as genuine, while members of the other sects rely on their own hadith collections, which include many hadith accounts that conflict with those in other collections and support their respective sectarian legal positions. Challenges to the authenticity of the hadith, which have repeatedly arisen in various forms over the history of Islam, have important implications for the shariah. Since the hadith literature is very extensive (classical collections contain more than four thousand reports) and covers a much wider range of topics than the legal verses in the Qur'an, it has supplied the Islamic rationale for a major part of shariah law, which would forfeit its Islamic legitimacy if the hadith literature were discredited.

    ...

    Comparisons of the rules of the classical fiqh. In detail the rules of the various Sunni schools are often different enough to affect the outcome of a legal dispute. On the average legal question, the degree of doctrinal difference between a given Sunni school and a Shia school is often not much greater. Notwithstanding the different approaches that Sunni and Shia fiqh purport to have to the sources of law, aside from their differences regarding who should rule the Muslim community, one finds few major divergencies except on some points of religious ritual and worship, certain rules of marriage and divorce, and the laws of inheritance.

    ...

    Another factor mandating change from the old shari'ah-based system of law was the international political setting. The rulers of Muslim states in the nineteenth and twentieth centuries were obliged to deal with a historical reality that was vastly different from what had been contemplated in early shariah theory. The shariah was originally conceived as a law whose application would be coextensive with religious affiliation. The world was to be converted to Islam, and there would result one community of believers with a common political allegiance and a common obligation to follow the shariah. This conception did not envisage the appearance of obstacles in the way of the realization of this ideal, such as the fragmentation of the Muslim community into separate and mutually hostile political units, the development of national identities and the rise of modern nationalism, the failure of large non-Muslim communities within the Muslim world to convert, and the need to deal with non- Muslim countries possessed of greater economic and military resources.

    ...

    European powers also objected to the inferior legal status accorded to non-Muslims under the shariah and exploited this as a pretext for political intervention.

  • Summary: 

    The exchange between Steve and Anni is crucial for us to highlight and examine, because the accusations and slanders that Steve hurled at Anni are the key falsehoods and smears that hate groups like CAIR and SPLC hurl at her and at other truth-tellers and freedom fighters. These malicious libels and slanders are at the core of the Jihad Denial that is now controlling our culture and its boundaries of discourse. And it is precisely this denial that clouds the threat we face in the terror war -- and pushes what propels it into invisibility.

    Because Jihad Denial achieves this destructive feat, it disables our civilization from making a proper threat assessment. It prevents us, therefore, from gauging clearly what is actually killing us and, therefore, from properly defending ourselves against it. The Jihad Denial practiced , after all, enabled and  on our territory, such as the San Bernardino, Orlando and Boston Marathon Jihadist massacres -- which could have  if the Obama administration had allowed our intelligence agencies to make a proper threat assessment, .

    Thus, what we see in this  between Anni and Steve very much reflects the core of our battle against the Unholy Alliance, for we witness the lies and deceptions that the enemy uses to smear the heroes trying to protect our civilization and to blur the truth -- so that our vision is blinded and our ability to act decapitated.

  • Country: 
    Belgium
    News Date: 
    06/04/2018
    Summary: 

    For the second time in 6 years the ‘Islam’ party will participate in Belgium’s municipal elections. The party wants to create an Islamic State and separate men and women in public transport, Belgian newspaper  reports. “Our goal is a 100% Islamic State, but we don’t mean we want to oblige the headscarf,” the party’s founder Redouane Ahrouch says.

  • Country: 
    Denmark
    News Date: 
    01/04/2018
    Summary: 

    They come as "refugees" and then want to impose Sharia laws of Islam. People in Denmark are starting to wake up, they take to the streets to protest against Sharia laws.  On the other hand, Muslims (immigrants and refugees) take to the streets waving Jihadi flags and calling to impose Sharia laws in Denmark. 

  • Summary: 

    These cases of openings to a justice parallel to that of the State raise several problems. The first is that the acceptance of parallel court decisions is an acceptance of communitarianism. This calls into question the unity of justice in a territory as well as the equality of men before the law, since depending on the religion of the former, the applicable law would not be the same. The applicability of the ECHR in the signatory countries is questioned or at least restricted in certain areas. Areas of “different right” (sometimes called “no rights” zones) where the signatory State would have accepted more or less officially that its right be derogatory.

    Finally, this raises the question of the acceptability of certain principles or values. The former PACE Rapporteur explained in her note that “The Court has ruled that Sharia law is in compatible with the European Convention on Human Rights, but obviously this does not mean that there is absolute incompatibility between the Convention and Islam”      

    This distinction between Sharia and Islam to consider the former as incompatible with the ECHR contrary to the second is not obvious. At the beginning of her note, she states precisely that “Sharia law is understood as being ‘the path to be followed’, that is, the ‘law’ to be obeyed by every Muslim.” If Islam “ordained a law” (Surah 5, verse 48) to every Muslim and “assigned a path” (id.) is sharia, then sharia becomes something consubstantial to Islam. A Muslim may not be a good Muslim if he does not apply the Sharia. There would thus be an incompatibility between the ECHR and Islam, which is not surprising as the need to create human rights in Islam testifies.

     CEDH, Refah Partisi (The Welfare Party) and others v. Turkey [GC], n° 41340/98, 41342/98, 41343/98 and 41344/98, 13 February 2003, § 123.                                                                                                                            

     Committee on Legal Affairs and Human Rights, Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the ‘Cairo Declaration’? Introductory Memorandum, AS/JUR (2016) 28, 7 October 2016, § 6. All following passages are excerpts from this note, which contains all sources, .

  • Country: 
    United Kingdom (UK)
    News Date: 
    28/10/2008
    Summary: 

    A gang of five men beat a Somali teenager to death because of a row over Muslims drinking alcohol, a court heard today. Ahmed Mohammed Ibrahim, 17, was repeatedly hit across the head with a samurai sword, baseball bat, machete and metal pole after being chased in Sefton Park, Liverpool, in March this year.

  • Country: 
    United Kingdom (UK)
    News Date: 
    23/02/2018
    Summary: 
    • Justin Welby said Sharia law should never become part of the UK legal system
    • His predecessor Lord Williams had said Sharia law could be incorporated
    • Welby said British law had 'values and assumptions' rooted in Christian traditions

    •  
  • Summary: 

    “It’s culture, not religion” is a phrase often used to explain away problematic practices common in Muslim countries and communities. Sharia is Islamic law that has influenced societies with different languages, cultures, histories, and interpretations of Islam. In the face of a worrisome incident, many Muslims believe that Islam has been misinterpreted, while others believe it agreeable to Islamic teachings. Is it accurate to say that the negative aspects of Sharia are not based on Islamic teachings, that the negative influences are primarily external to religion?

    To answer this truthfully, one must go to the Islamic religious texts. Sharia is derived primarily from the Quran and hadith. The Quran is the holy book of Islam, believed to be the literal word of God. It is believed to have passed verbally from the angel Jibril (Gabriel) to Muhammad, the prophet of Islam, who then relayed it to his followers over the course of two decades. It is the ultimate authority in Islam, traditionally believed to be a guidance for all times. A hadith is a report that describes the actions of Muhammad and his followers. They are important in understanding the Quran as they supplement many of its verses, and have played an essential role in the development of Islamic jurisprudence. The hadith are second only to the Quran.

    The importance of hadith is in its practical application. For example, the Quran instructs Muslims to pray, but does not clearly specify how or how often. The Hadith gives instruction on not only how to pray, but clarifies that Muslims must pray five times a day. Individual hadith are classified as (1) sahih (“authentic”), which is the highest classification, (2) hasan (“good”) or (3) da’if (“weak”). The classifications are based on how credible the hadith collectors found the chain of narration, tracing the chain to the originator of the content of the report. Unless otherwise stated, all of the hadith we use for this article are sahih hadith. Still, one should spend a moment deliberating that all of the hadith, including those classified as weak, are from Muslim sources, favored towards Islam. Finally, this article also looks at tafsir (the exegesis of the Quran) to provide more context to certain verses.

    We will look at verses from the Quran and hadith on four subject areas: women’s testimony, torture, slavery, and jizya, the special tax required from non-Muslims. This article is by no means a comprehensive list of controversial topics related to Islam, but it is meant to provide a basis of understanding some influential writings in authoritative Islamic sources regarding these topics.

  • Applying sharia law in England and Wales: independent review

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    Summary: 

    Independent review by Professor Mona Siddiqui and a review panel of experts into the application of sharia law in England and Wales by sharia councils.

    Admin: The independence and methodology of this review has been seriously questioned.

  • Country: 
    Turkey
    News Date: 
    14/02/2018
    Summary: 

    “Islamist TV calls for murder of secular newspaper’s editors,” , February 12, 2018 (thanks to ):

  • Muhammad Messenger of Allah (Ash-shifa) by Qadi Iyad

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    Summary: 

    Page 329:

    The judgment regarding someone who maligns the Prophet without deliberation or really believing what he has said We have already discussed killing the person who, with intent, curses the Prophet, belittles him or slights him in any way. The judgement in this case is clear. The second case concerns when it is necessary to clarify what someone has said. This applies to someone who speaks about the Prophet without intending to curse or belittle him and not believing his words to be true, but who nonetheless speaks about the Prophet using words of disbelief which curse him, revile him or call him a liar or ascribe to him something that is not permitted or deny one of his necessary attributes, all of which constitutes disparagement in respect of him. For instance, he might ascribe a major wrong action to the Prophet, or say that he had failed to convey the message or had fallen short in a judgement between people or he might lower his rank, the honour of his lineage, the extent of his knowledge or his asceticism, or deny a famous matter reported from him which has come by many paths of transmission with the intention of refuting the report, or say something insolent and ugly or of a cursing nature in respect of him. However, the state of this individual indicates that he does not mean to censure the Prophet nor to curse him but that ignorance, discontent, drunkenness, carelessness, arrogance or hasty speech has led him to say what he has said. The judgement in this case is the same judgement as that applied to the first individual. Such a person is killed without hesitation since no one is excused for disbelief by ignorance or by claiming a slip of the tongue or by any of the things which we have mentioned if his intellect is basically sound. The only exception is when someone is forced to do it while his heart is at rest in belief.

  • Cruel and Usual Punishment: The Terrifying Global Implications of Islamic Law

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  • Country: 
    United Kingdom (UK)
    News Date: 
    06/02/2018
    Summary: 

    As black and minority women and human rights campaigners, we voice our dismay at the outcome of the  commissioned by the government in 2016.

  • Summary: 

    Sadikur Rahman says implementing official recommendations on sharia 'courts' would entangle civil and religious law and undermine vulnerable women's rights. The Government should instead secularise the marriage laws. Ten years ago today Rowan Williams suggested the UK should "face up to the fact" that some of its citizens do not relate to the British legal system and said the adoption of certain aspects of sharia 'law' in the UK seemed "unavoidable". Now we're hearing similar noises again, after last week's publication of the Government's long-awaited  on sharia councils. When the review came out the Home Office thankfully said it would not regulate the councils, which would have conferred effective legitimacy on them and further eroded the wall between civil and religious law. But it added that it would consider its other recommendations. It is therefore worth reflecting on some of the implications these could have.

  • Country: 
    United Kingdom (UK)
    News Date: 
    05/02/2018
    Summary: 

    A controversial review into the state of Sharia law in the United Kingdom and the bodies administering it has revealed the British government to be unaware of exactly how many of the Islamic law councils are operating in the country, an admission of systemic discrimination against women, including the victim of forced marriage being asked to appear alongside her family, with an “inappropriate” adoption of civil legal terms used.

  • Country: 
    Italy
    News Date: 
    08/02/2018
    Summary: 

    Islam is incompatible with Italy’s values and freedoms, the leader of the hard-Right League party warned on Thursday, as he stepped up aggressive campaigning ahead of the country’s impending election. Matteo Salvini, who holds an unlikely ambition to become prime minister after elections next month, said Italy should not go down the same path as the UK where, he claimed, Islamist courts have superseded the secular, common law justice system. “I don’t want to end up like Great Britain, which has Islamic courts instead of British courts,” he said.

  • The independent review into the application of sharia law in England and Wales

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    Admin: "Independent" - Hmmmm......

    Over a year ago I was asked by the then Home Secretary to chair an independent review into sharia law, specifically within sharia councils in England and Wales. The review’s terms of reference focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and in particular whether there were discriminatory practices against women who use sharia councils. Over the last two decades there has been an increasing focus on Islam and British Muslims and concern about some of the cultural practices within certain Muslim communities. While Muslim societies are diverse and vary in their lifestyles and attitudes, the rise of extremism is seen as evidence of a lack of social and political integration within many parts of the UK. The observance of sharia loosely translated as Islamic law, but which incorporates various aspects of Muslim life, has also been regarded by some as keeping many Muslims isolated, entrenched and with little social and psychological stake in wider British citizenship and civic life. There are undoubtedly many religio-cultural challenges within some Muslim societies which continue to challenge modern ideals of individual freedom and moral agency, especially relating to women. Women and girls are so often the primary bearers of passing on religious traditions and upholding family honour that their own autonomy and freedoms can be overlooked or denied. These factors often leave them in vulnerable situations. During the course of the review, it soon emerged that religion, culture and gender relations are inextricably intertwined especially when it comes to family matters and personal law. Sharia councils call themselves councils because they deal with aspects of Islamic law. The review was set up because some sharia councils are deemed to be discriminating against women who use their services on matters of marriage and divorce. My colleagues who formed the review panel come from a variety of backgrounds with a wealth of professional experience in family law. Their collegiality and willingness to ask difficult questions have, I hope, made this report honest and intellectually robust. The two imams who acted as advisors gave significant help on matters relating to sharia and the wider communities. As we went through the process of interviews and evidence gathering, it became clear that many Muslim women were seeking help from a diverse range of women’s organisations as well as turning to sharia councils which themselves vary in size and scope. These organisations hold a variety of views about how Muslim women can be helped when facing family and social pressures and given more personal autonomy and agency in their lives. Our fundamental task was to understand why sharia councils exist in the first place and why Muslim men and women, but mainly women, need and use them. I am grateful to everyone who came forward and shared their personal stories. We hope that our recommendations, which result largely from the evidence we heard, can reduce discrimination and offer possible ways forward to help Muslim women gain greater confidence and agency over their lives. Mona Siddiqui, OBE Professor of Islamic and Interreligious Studies

    See also: 

  • Germany-47% of muslims believe sharia more important than national law, in Sweden 52% believe the same

  • Reliance of the Traveller-Revised Edition

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  • The Hedaya: Commentary on Islamic Laws - Volume 2

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  • Country: 
    Greece
    News Date: 
    09/01/2018
    Summary: 

    Lawmakers in Greece are set to limit the powers of Islamic courts operating in a border region that is home to a 100,000-strong Muslim minority. Backed by parliament's largest political parties, the draft law is set to be voted on later Tuesday. The proposal aims to scrap rules dating back more than 90 years ago and which refer many civil cases involving members of the Muslim community to Sharia law courts.

  • Country: 
    United Kingdom (UK)
    News Date: 
    14/12/2015
    Summary: 
    • has reportedly issued fatwa ordering disabled children be killed
    • Iraqi activist group claims more than 38 disabled children already killed
    • Nazis murdered disabled because they were a 'burden'
  • Summary: 

    It is one of the enduring myths of the great liberal delusion that all people aspire to the same values as the values of the Enlightenment. Our ideals, flowing from the Enlightenment, include universal Human Rights and equality for all. So firmly is this ideal built into our psyche that we measure our societal worth by our insistence on pursuing this ideal without exception (barring exceptions, of course). It should not be necessary to point out that these are my ideals, too. I may further add that I hold these ideals to be superior to anything else humanity has hitherto devised.

    It is, however, inescapable that Human Rights and equality for all are not ideals that all people share. What is more, significant sections of humanity are actively opposed to them. Indeed, the Universal Declaration of Human Rights (UDHR) and the ideal of equality for all human beings are so strongly opposed by so many, that no fewer than 45 states signed the Cairo Declaration of Human Rights in Islam (CDHRI), adopted in 1990, expressly to challenge the universality of the UDHR, and specifically its applicability to Muslims, and to instead safeguard the pre-mediaeval and inhuman Shari’a as the framework for human relations and interactions. It is neither a slight nor an insult to say that Muslims do not hold to the UDHR as an ideal, on the contrary, it is an affirmation.

  • Summary: 

    There are many reasons why this needs to be said, starting with a personal trigger. I was recently interviewed by Channel 4's  which was broadcast two weeks ago about my opinions on 'What does Sharia Law have to offer Britain'. I realised that I was the only one out of seven people interviewed that was clearly against Sharia and for a secular state. Activist and gay Muslim  who was also interviewed regarding the same topic, agreed that 'Sharia' discriminates against homosexuals and would threaten his safety and civil rights.

    My interview has triggered a debate in the Sudanese media, both at home and in the diaspora, from which campaigns have emerged inciting people against me calling me a 'Kafira' (infidel) and 'Murtadda' (left Islam) . I guess Sudanese government officials have time to watch Channel 4 because the  posted my picture declaring me an infidel and apostate. Who knew that my private beliefs could denigrate a country's government, religion, and armed forces?!

    Focusing on Islam and Sharia as such here is mainly because of my experience living under an Islamic regime. However, I strongly oppose Sharia law as well as any other religious based laws because I deeply believe in secular, humanist values which put each human being on an equal basis with every other individual. International human rights are a testament to that principle and stand directly opposed to the discriminatory practices enshrined in and justified by Sharia law.

     

  • Country: 
    France
    News Date: 
    20/09/2017
    Summary: 

    When asked if they considered the Islamic legal and moral code of sharia to be more important than the French Republic’s laws, 29 percent of respondents answered “yes.” The poll found that 20 percent of male Muslim respondents and 28 percent of female Muslim respondents were in favour of the face veil, the niqab, and of the burqa which covers both face and body.

  • 29% of French Muslims consider sharia more important than French laws

  • Country: 
    Australia
    News Date: 
    30/11/2017
    Summary: 
    • Sheikh Shady Alsuleiman says it is sinful for a man to look at another woman
    • Australian National Imams Council president says it can lead to adulterous sex 
    • Nation's most powerful English-speaking Sunni leader likened fidelity to sheep 

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  • Country: 
    Saudi Arabia
    News Date: 
    28/11/2017
    Summary: 

    Sharia is always the filter through which the un-Islamic world must understand leaders of the Islamic world. 

    In his opening remarks the Prince stated:  “The biggest threat from terrorism and extremism is not only killing innocent people and spreading hate, but tarnishing the reputation of our religion and distorting our belief.”

    Applying the rule that sharia (Islamic law) is the filter through which we must translate the Prince’s comment, we get:

  • Summary: 

    Muslims Against Crusades march for 'Sharia-controlled zones' in London.

  • This letter is intended as a template for people to use to make their views known to HardCash Productions at re: their upcoming programme(9th Nov on ITV) which, from ,  appears intent on labelling AMW and those who support her as 'far-right' for having concerns about Islam-sharia. I hope people will use this opportunity to make their views known to HardCash Productions and later Ofcom if the programme fails to present the reasons behind our concerns. Note this initiative hasn't been inspired by AMW in any way.

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