ISLAMIZATION OF AMERICA | Sharia Law vs. U.S. Constitution

Sharia or sharia law is the Islamic legal system derived from the religious precepts of Islam, particularly the Quran and the Hadith (Wikipedia, The Free Encyclopedia). Various recent studies demonstrate that the Islamization of America is accelerating at fast pace and is gradually penetrating into America’s courts and judicial system. Today, Islamization is visible not only in American political system but in education system also, and is spreading rapidly into American culture. Newt Gingrich, the former House Speaker, has called Sharia “a mortal threat to the survival of freedom in the United States and in the world….” According to him, Muslims in the U.S. want to manipulate Sharia into U.S. legislation. New York City’s Mayor, De Blasio has already added Muslim holidays to the school calendar whereas Hindu holidays are to be considered by his administration.

Due to high rates of birth, immigration and conversions, the Muslim population in USA is growing at a much faster rate than the national. ‘Islam’s growth in American prisons is particularly troubling. About 80%of Americans who convert to a religion while in prison become Muslims, who now comprise about 20% of American prison population’. (www.billionbibles.org/sharia/islamization-of-america). ‘Sharia law has been advancing in other American institutions as an increasing number of public American schools with Muslim students are holding Islamic prayers towards Mecca. In 2013, Skokie School District 68 in Illinois became the first US school district to celebrate Eid al-Adha, a Muslim high day, as a school holiday, in lieu of Veterans Day. In 2014, Rocky Mountain High School in Fort Collins, Colorado became the first high school to recite the Pledge of Allegiance in Arabic, replacing “One nation under God,” with “One nation under Allah.” In 2000, the Republican National Convention became the first US presidential convention to open with a Muslim prayer to Allah, the moon god. In 2007, Quran for the first time was used to swear into office a new US Congressman, Keith Ellison.’ (www.billionbibles.org/sharia/islami zation-of-america.html)

According to the report, a group of Muslims in northern Texas has created what may be the first official Shariah law system in the United States. (The State Of Texas Accepts Sharia Law, And Will Have The First Sharia Court In The United States: By Ted, Shoebat.com 02/04/2015). However, Mayor Beth Van Duyne of Irving, Texas, is advocating for a law that would ban any such Sharia courts there. Recently, concerned that Muslims residents weren’t buying enough homes in his city, Seattle’s Democrat Mayor Ed Murray had appointed a committee to investigate it. Last year, Minneapolis Mayor Betsy Hodges donned a hijab when she met with Somali leaders in her city. (Major U.S. city poised to implement Islamic law: By Leo Hohmann, Published in WorldNetDaily 07/23/2015 www.wnd.com/major-u-s-city-poised-to-implement.). As per National Report, the city council of Dearborn, Michigan became the first US city to officially implement all aspects of Sharia Law. (Nationalreport.net/city-michigan-first-fully-implement-sharia-law).

In 2009, Hudson County Superior Court Judge Joseph Charles Jr. ruled in S.D. v.
M.J.R. that the Muslim ex-husband is entitled to sexually assault his Muslim ex-wife, both before and after their divorce. Evidence at trial established, among other things, that the husband told his wife, “You must do whatever I tell you to do. I want to hurt your flesh” and “this is according to our religion. You are my wife, I c [an] do anything to you.” However, the judge denied the ex-wife’s request for a permanent restraining order against her ex-husband, citing the Muslim man’s “belief” and “practices”: “The court believes that [defendant] was operating under his belief that it is, as the husband, his desire to have sex when and where he wanted to, was something that was consistent with his practices.” (S.D. v. M.J.R, Docket No. A-6107- 08T2, Superior Court of New Jersey, Appellate Division, Decided July 23, 2010).

The sexual submission (tamkin) by wife to her husband is prevalent under Sharia. This Sexual submission is traditionally regarded as unconditional consent for the remainder of the marriage. Under Sharia law, man is considered superior to woman. Further, under Sharia: A woman becomes subservient to her husband and needs his permission to: “leave the house, take up employment, or to engage in fasting or forms of worship other than what is obligatory.” A man, under Sharia, is entitled to up to four wives, but a woman may only have one husband. A man can divorce his wife by making a declaration (talaq) in front of an Islamic judge irrespective of the woman’s consent. Even her presence is not required. For a woman to divorce a man (khula), his consent is required. There is no joint property; the man owns all property, except for what the woman owned before the marriage. (Women’s Rights Under Sharia: An overview of the lack of equality and oppression of women under Sharia – the position of women in Muslim majority societies. By Elliot Friedland, Wed, February 19, 2014)

Sharia, which is a religiously-based legal system, conflicts with the America’s secular legal system. Under Title 5 Section 3331 of the U.S. Code, all elected and appointed officials are to take oath of the U.S. Constitution. As per Article VI of U.S. Constitution, the Constitution is the supreme law of the land and, “…all Executive and Judicial officers…….., shall be bound by Oath or Affirmation, to support this Constitution.” Further, under U.S. Constitution, sovereignty lies with its People. However, under Sharia the emphasis is on the sovereignty of Allah (God) and submission to Him: “Sovereignty in Islam is the prerogative of Allah Almighty alone.” (Principles of Islamic Jurisprudence, Mohammed Hashim Kalamali)

The premise of the U.S. Constitution is ‘Equality, Liberty and Justice for all. The 14th Amendment states: “… nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Under Sharia laws, non-Muslims are not considered equal to Muslims before the law. Under Shariah law, women, girls, apostates, homosexuals and “blasphemers” are all denied equality under the law. (Shariah: The Threat to America, www.shariahthethreat.com). Under Sharia law, women are equated to property. It says, “When one is given a woman, servant, or cattle, one should seize its forehead and pray to Allah” (Ibn-i-Majah vol.3 no.1918 p.157. See also Muwatta’ Malik 28.22.52). From intelligence point, women are considered not Half as Intelligent as men. According to the Muslim Sharia (Law), the witness of a woman is equal half that of a man, “because of the deficiency of the woman’s mind.” (Bukhari vol.3 no.826 p.502), Mohammed said that a nation will never succeed that makes a woman their ruler (Bukhari vol.9 no.219 p.170-171) (Quoted from www.MuslimHope.com/OriginsOfIslam.htm).

‘Freedom of Religion’ is provided under the First Amendment of U.S. Constitution. It states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…..” The U.S. Constitution guarantees the freedom to practice one’s faith and religion without government interference. Sharia, on the other hand, restricts any such freedom in religious matters. It states: “Fight and slay the unbeliever wherever you find them and lie and wait for them in every stratagem of war” (Quran 9:5); and “But take not friends from their ranks until they flee in the way of Allah. But if they turn away from Islam, seize them and slay them wherever you find them, and take no friends or helpers from among their ranks.” (Quran 4:89) “Whoever changed his [Islamic] religion, then kill him” (Sahih al-Bukhari, 9:84:57).

Under U.S. Constitution (First Amendment) ‘Freedom of Speech’ is guaranteed. It states, “Congress shall not abridge “the freedom of speech.” There is no such freedom of speech under Sharia. Any speech that defames Islam or Muhammad is considered “blasphemy”, and is punishable by death or imprisonment. First Amendment, further, provides ‘freedom to dissent’. It states, “Congress cannot take away the right of the people “to petition the Government for a redress of grievances.” However, under Sharia, Non-Muslims are not to harbor any hostility toward the Islamic state or give comfort to those who disagree with Islamic government. (Shariah: The Threat to America www.shariahthethreat.com).

Right to due process and fair trial is provided under 5th, 6th and 7th Amendments of U.S. Constitution. Fifth Amendment states, “no person shall be held to answer for a capital or otherwise infamous crime… without due process of law.”, and Sixth Amendment guarantees a “public trial by an impartial jury.” Whereas Seventh Amendment provides “the right of trial by jury shall be preserved.” Under Sharia, according to Hadith Sahih al-Bukhari quoting Muhammad, “No Muslim should be killed for killing a Kafir (infidel).” Non-Muslims are prohibited from testifying against Muslims. Under 8th Amendment of U.S. Constitution, cruel and unusual punishment is prohibited. On the other hand, under Sharia, punishments are barbaric.

“Cut off the hands of thieves, whether they are male or female, as punishment for what they have done – a deterrent from Allah.” (Quran 5:38). A raped woman, under Sharia is not considered a victim and is punished. “The woman and the man guilty of adultery or fornication – flog each of them with a hundred stripes”. (Sura 24:2). (Shariah: The Threat to America www.shariahthethreat.com).

The imposition of Sharia on American citizens is in direct conflict with the U.S. Constitution and U.S. Federal Code. (Sharia and the U.S. Constitution By John Guandolo Posted on June 22, 2014 at his blog: Understanding the Threat). It is, therefore, morally imperative for us to mitigate Sharia’s influence in the USA.

(The author is an Attorney at Law with Anand Ahuja Associates, Attorney at Law and
International Business Consultants. He can be reached at anandesq@hotmail.com or via
phone (516) 502-3262, (718) 850-1952)

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