Wednesday, March 14, 2012

The Necessity of Anti-Sharia Laws

From Jihad Watch:

Robert Spencer: The Necessity of Anti-Sharia Laws
In The American Thinker today I explain why the anti-Sharia laws being considered in various states are so urgently needed:

...In the March issue of First Things, law professor Robert K. Vischer equates anti-sharia laws with recent intrusions upon the religious freedom of Christians, such as laws that now require "pro-life pharmacists to dispense the morning-after pill" and "Christian adoption agencies to place children with same-sex couples, and religious entities to pay for their employees' contraceptives." He asserts that "[t]he recent spate of 'anti-Sharia' initiatives is just the most politically popular example of such threats" to religious freedom.
This is a widespread misapprehension. The Associated Press recently noted that critics of anti-sharia laws view the drive to pass them as an "unwarranted campaign driven by fear of Muslims." In criticizing an anti-sharia amendment to the Oklahoma state constitution that gained seventy percent of the vote in a state referendum but was later struck down, Daniel Mach, director of the American Civil Liberties Union's Program on Freedom of Religion and Belief, said:

This amendment did nothing more than target one faith for official condemnation. Even the state admits that there has never been any problem with Oklahoma courts wrongly applying religious law. The so-called 'Save Our State Amendment' was a solution in search of a problem, and a blatantly discriminatory solution at that.
Ryan Kiesel of the ACLU's Oklahoma branch declared: "No one in Oklahoma deserves to be treated like a second-class citizen. This proposed amendment was an affront to the Constitution and everything it stands for." The Muslim writer Reza Aslan hysterically and inaccurately charged that "two-thirds of Americans don't think Muslims should have the same rights or civil liberties as non-Muslims."

In reality, the properly formulated anti-sharia laws neither infringe upon Muslims' civil liberties or religious freedom nor address a nonexistent problem. Vischer correctly states some of reasons why Americans are concerned about sharia when he says that "proponents of this legislation tend to focus on manifestations of Sharia overseas: the stoning of adulterers, cutting off of the hands of thieves, and the denial of basic freedoms for women in some Islamic countries," and that "there are many schools of interpretation among Islamic legal scholars, and some interpretations stand in tension with the rights that we have come to take for granted in liberal democracies, including the rights of women, homosexual persons, religious minorities, and religious converts."

Vischer clearly means to imply that Muslims in America have no intention, now or ever, of bringing "the stoning of adulterers, cutting off of the hands of thieves, and the denial of basic freedoms for women" to America, and that there are schools of interpretation among Islamic legal scholars that do not "stand in tension with the rights that we have come to take for granted in liberal democracies." In reality, however, there is no school of Islamic jurisprudence among either Sunnis or Shi'tes that does not mandate stoning for adultery, amputation of the hand for theft, and the subjugation of women. Stoning adulterers is in accord with the words and example of Muhammad, whom the Quran holds up as the supreme example of conduct for believers (33:21); amputation of the hand for theft is mandated in the Quran itself (5:38); and the oppression of women in numerous ways is amply attested by the words of both the Quran and the prophet of Islam.

And while there are individual Islamic legal scholars who have crafted interpretations of the Quran and Sunnah that are more compatible with Western pluralism and liberal democracy than is sharia in its classic formulations, these have never gained any significant traction among Muslims. Wherever Sharia has been the law of the land, throughout Islamic history and in Saudi Arabia, Iran, and other areas of the Islamic world today, it has had largely the same character -- one that has never resembled liberal democracy by any stretch of the imagination. Sharia polities throughout history and today have denied the freedom of speech and the freedom of conscience, and they have mandated discrimination against women and non-Muslims....

There is more.

Posted by Robert on March 13, 2012 8:52 AM |

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