Showing posts with label Sharia Law. Show all posts
Showing posts with label Sharia Law. Show all posts

Wednesday, October 06, 2010

Newt the Islamophobe

Repost from PostBulletin.com

Eugene Robinson: Are Newt's tirades today's version of McCarthyism?

9/23/2010 7:22:25 AM

WASHINGTON — Boy, one thing I really hate is when American judges try to impose harsh Islamic sharia law. You know, with all those grisly lashings, stonings and beheadings. What's that you say? No such thing is happening, and you wonder where I got such a crazy idea? Why, Newt Gingrich told me.

On Saturday, speaking at the conservative Values Voter Summit, Gingrich issued a thunderous call for action against an imminent threat that exists only in his fevered imagination — or, perhaps, in his political machinations.

"We should have a federal law that says sharia law cannot be recognized by any court in the United States," Gingrich declared, to a standing ovation.

OK, but would this include Judge Judy? Because I've always suspected that when she gets really mad, and she snaps the heads off both the plaintiff and the defendant, she might be slipping a little sharia into the American subconscious — you know, preparing an unsuspecting nation for the real deal. Maybe we need another law that covers fake judges on daytime television, with punishments for violations that begin with flogging.

But seriously, folks, Newt says we have to halt the insidious encroachment of sharia law, and we have to halt it here and now. In July, speaking at the American Enterprise Institute, he went on at great length about the supposed sharia menace, which he sees as part of a "stealth" campaign to impose Islam on all of us.

"Stealth jihadis use political, cultural, societal, religious, intellectual tools; violent jihadis use violence," Gingrich said at the AEI. "But in fact they're both engaged in jihad and they're both seeking to impose the same end state, which is to replace Western civilization with a radical imposition of sharia."

He threw in a perfunctory disclaimer — that there is "a sharp distinction between those Muslims who live in the modern world and those Muslims who would radically change the modern world" — and then proceeded with a speech that essentially paints Islam as the new Red Menace. The "stealth jihadis," I suppose, must be like the "known communists" on the list in Sen. Joseph McCarthy's hand.

Along the way, in the July speech, Gingrich painted liberals as a bunch of fellow travelers. "How we don't have some kind of movement in this country on the left that understands that sharia is a direct mortal threat to virtually every value that the left has is really one of the most interesting historical questions," he said.

Where to begin? First, I guess, by stating the obvious: There is no left-of-center movement dedicated to fighting the steady, stealthy insinuation of sharia into America's legal system because no such thing is happening. Gingrich invents an enemy and then demands to know why others haven't sallied forth to slay it.

Gingrich and the Islamophobes have found one solitary case to bolster their "sharia is here" theory. In June 2009, a family court judge in Hudson County, N.J., denied a restraining order to a woman who testified that her husband, a Muslim, had forced her to have non-consensual sex. Judge Joseph Charles Jr. said he did not believe the man "had a criminal desire to or intent to sexually assault" his wife because he was acting in a way that was "consistent with his practices."

The judge was clearly in error, as a state appeals court ruled two months ago in reversing his decision. The man's religious beliefs, the court ruled, do not exempt him from state laws. Thus ended the one and only instance of stealth sharia that anyone has been able to find.

Andrew Silow-Carroll, the editor in chief of the New Jersey Jewish News, cited that case in a column last month blasting Gingrich's "sharia-phobia." Silow-Carroll pointed out two things: First, the system worked — the judge made a boneheaded call, and he was overturned. Second, our system already allows some civil matters — but not crimes — to be settled through other means of arbitration. "Among those alternative mechanisms is the beit din, or rabbinic law court," Silow-Carroll wrote. "Every day, Jews go before batei din to arbitrate real estate deals, nasty divorces and business disputes."

If Newt were aware of this, would he blow a gasket? Somehow, I doubt it. His objection seems to be faith-specific.(i.e. Islam-specific)

And his purpose seems to be political. If Muslim-bashing draws a rise — and apparently it does — then he's not going to be outdone. Watch out, Judge Judy. He may be coming for you next.


Eugene Robinson, winner of the 2009 Pulitizer Prize for Commentary, is a nationally syndicated columnist based in Washington, D.C.


Islamic Sharia Law... in Oklahoma?

Reposted from ABC News Online

Islamic Sharia Law to Be Banned in, ah, Oklahoma
Oklahoma Calls Ban on Islamic Law a 'Preemptive Strike'

By JOEL SIEGEL
June 14, 2010

Oklahoma is poised to become the first state in the nation to ban state judges from relying on Islamic law known as Sharia when deciding cases.

The ban is a cornerstone of a "Save our State" amendment to the Oklahoma constitution that was recently approved by the Legislature.
The amendment -- which also would forbid judges from using international laws as a basis for decisions -- will now be put before Oklahoma's voters in November. Approval is expected.

Oklahoma has few Muslims – only 30,000 out of a population of 3.7 million. The prospect of sharia being applied there seems remote. But a chief architect of the measure, Republican State Rep. Rex Duncan, calls the proposed ban a necessary "preemptive strike" against Islamic law coming to the state.

"I see this in the future somewhere in America," Duncan, who chairs the state House Judiciary Committee, told ABC News. "It's not an imminent threat in Oklahoma yet, but it's a storm on the horizon in other states."
Sharia – which means "path" in Arabic – governs many aspects of Muslim life and influences the legal code in a majority of Muslim countries.

Now here is my question:

What exactly are Oklahomans afraid of by bringing such an amendment to the Oklahoma constitution? And what exactly are Oklahomans thinking they have to take a "pre-emptive strike against?"

...and of course the application of Sharia law was indeed a perfectly normal matter. American courts are governed by American law, but American law has long provided that parties to contracts can provide for alternative dispute resolution mechanisms (such as arbitration). American law has likewise long provided that some contractual disputes would be resolved with reference to foreign/international law, especially when the law is expressly provided for by the contract. It doesn't matter whether the arbitration or the foreign law is secular or religious -- secular and religious rules are treated basically equally, on the principle that the parties' contractual choices should be honored unless some extraordinary circumstance makes it unfair to do so.(Eugene Volokh)

...now maybe Sharia law is more likely to be unfair than other systems in certain circumstances; and doubtless some people feel strong social pressure to enter into contracts endorsed by their cultural group. But people feel various kinds of pressure to enter into various kinds of contracts. American law usually enforces the contracts despite talk of pressure and unfairness. There are exceptions, but they are indeed exceptions, and the rule is enforcing contracts. Yet the skies haven't fallen, nor do they seem likely to fall even if more contracts end up being arbitrated or otherwise evaluated under Sharia law.

Do the Oklahomans think Sharia Law will take over our American law courts in matters of contracts, financial and nuptial? What nonsense!

Islamic Law Applied In US Courts
Volokh.com

Some wise man once said, "The problem ain't all the things a man don't know; it's all the things he does know that ain't so."