Monday, March 5, 2012

Really Muhammad?

With the ever growing number of Muslims in America, the doctrine of American law is changing and adapting to the evolving culture. The problems arising from Shari'ah law, the Islamic system of law, amounts to direct opposition to the citizens possession of liberty. Shari' Ah Law is defined as the "Islamic law derived from the Qur'an and the Hadith and applied to the public and private lives of Muslims within the Islamic states. Shari'ah law governs many aspects of day-to-day life- politics, economics, banking, business, contracts, social issues, etc." (Noebel 291) The precedents established within the American judicial system are devoid of religious doctrine and therefore the cohesion of Islamic and American law is impossible. Of fundamental importance is the establishment of law regarding Muslims in America; the law cannot be bent to the will of Allah. Especially as cases continue, Muslims are using the composition of their law as a defense against their crimes. Harassment, abuse, and physical assault are direct results of Muslims attempt to adhere to Shari'ah law within America. Shari'ah law cannot exist in America and most definitely, it would not make America a better place. 

First of all, Shari'ah misunderstands the innate sinfulness of man and therefore their political systems lack safeguards against corruption. By glorifying man, Shari'ah law outlines a do and don't list that its leaders naturally will follow. Thus, their leaders are righteous observers of the mandates of Shari'ah law, but this does not create a brilliant and caring leader. Instead, adherents of Shari'ah law tend toward an obsession over power and ignorance regarding forgiveness and redemption. Ultimately, "Because the Islamist model is predicted on the belief in government by morally impeccable individuals who can be counted on to resist temptation, it does not generate institutions capable of functioning autonomously by means of structural checks and balances" (Noebel 295). In short, Shari'ah law is dependent upon the power of the individual and his understand righteous- this lends toward a corruption of absolute power. For instance, the governments of Iraq, Libya, Saudi Arabia, and Syria are devoid of the exercise of personal freedom. These governments tend toward monarchies and dictatorship which soon become infested with personal greed and a warped understanding of the needs of their citizens. Shari'ah law basis upon the uprightness of the individual would prove ineffectual in the political atmosphere of America. 

Due to the basis of Shari'ah law, the basic rights of citizens are limited and dependent upon gender and race. This view would prompt bigotry and sexism within any culture and therefore would destroy the fundamental principles of American culture. Although American refutes the existence of God, it acknowledges the evilness of man and utilizes the force of justice. Shari'ah law retracts human rights and promotes a cruel system of rules- thus crippling the goodness find within the American judicial system. Without an understanding of the value of personal liberty, a system of law would be hated and destroyed, an aspect of Shari'ah law that is disgraceful. Furthermore, "the Muslim community cannot find a similar basis for individual freedom within its religion" (295). Due to the absence of personal freedoms, the idea of integrating Shari' ah law into the American system is laughable. The basis of unity within our country is the blessing of personal freedom and liberty. Shari'ah law defies that idea. Therefore, Shari'ah is incompatible with the philosophy of law within American and the purpose of retaining the individual rights of its citizens. Of course, an adequate recognition of the benefits of Shari'ah law is necessary to any argument. Although rigid and strict, it does provide moral guidelines that are virtually nonexistent within in America. Still, morality cannot be forced upon citizens and a system of law so completely in defiance of American's virtues would prompt disarray and anger. 


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