Parsing the Tennessee Sharia Bill

First it was Oklahoma and the Save Our State amendment. Then there was the more subtly worded South Carolina Senate Bill 444 and Georgia’s House Bill 45.  Oklahoma, South Carolina and Georgia (and there are probably other states at this point) are trying to prevent the courts of their states applying sharia law. A pointless vote-getter. And a legislator can hardly vote against these ridiculous measures without then being accused of supporting jihad.

Now it is Tennessee and Senate Bill 1028. And once again, it is legislators who know nothing about the thing they are trying to legislate against, but this time with a new twist. Tennessee is doing something different. SB 1028 makes it a felony to support sharia. And it’s not subtle about it at all. Muddled and unconstitutional, but not subtle.

Tennessee needs to be saved from the perils of sharia law on the verge of engulfing the state. Apparently. After all the bill starts off with “The threat from terrorism continues to plague the United States generally and Tennessee in particular.” Tennessee is plagued with the threat from terrorism. In particular. No doubt. Not since the Battle of Stone’s River has sponsoring Senator Bill Ketron’s home of Murfreesboro been under such a siege.

By paragraph 3 we learn that “sharia is based historically and  traditionally on a full corpus of law and jurisprudence termed fiqh and usul al-fiqh, respectively, dealing with all aspects of a sharia-adherent’s personal and social life and political society.” So sharia deals with all aspects of a “sharia-adherent’s” personal and social life. The other name for a “sharia-adherent” is “Muslim”. Just so we are sure of how comprehensively the bill defines “sharia-adherent”, in paragraph 2,  it is described as a “legal-political-military doctrine and system adhered to, or minimally advocated by, tens of millions if not hundreds of millions of its followers around the world.”

And all of them want to plague Tennessee with terrorism and overthrow the government.

“The knowing adherence to sharia and to foreign sharia authorities constitutes a conspiracy…” (Paragraph 11)  “The knowing adherence to sharia and to foreign sharia authorities is prima facie evidence of an act in support of the overthrow of the United States government and the government of this state through the abrogation, destruction, or violation of the United States and Tennessee Constitutions by the likely use of imminent criminal violence and terrorism with the aim of imposing sharia on the people of this state.” (Paragraph 13)

Nowhere in the bill is “foreign sharia authority” defined. However sharia is defined as “any rule, precept, instruction, or edict arising directly from the extant rulings of any of the authoritative schools of Islamic jurisprudence of Hanafi, Maliki, Shafi’i, Hanbali, Ja’afariya, or Salafi”.  This is the equivalent of saying “any interpretation of the Bible by any pastor or Bible teacher, whether Catholic, Orthodox, Anglican, Lutheran, Reformed, Baptist…”

So being a Muslim constitutes a conspiracy and is prima facie evidence of that conspiracy to overthrow the US government – and of course the government of the plagued state of Tennessee – by criminal violence and terrorism. But I am curious about this “likely use” of imminent violence. Is the violence likely or imminent? If it is imminent isn’t it a bit more that likely? But when it comes to Muslims, who has time to worry about things like this? Tennessee is in the midst of a plague, after all. (Evidence of the plague usually takes the form of, “I hear told someone even saw a woman wrapped in one of them funny scarf thangs at the Family Dollar in Smyrna t’other day. Sakes alive! She might’a had a bomb under that thang.”)

I could parse out all the statements in the thirteen paragraphs of findings that, if enacted, the Tennessee General Assembly will have found to be true about sharia and sharia-adherents, but because they are repetitive while also managing to be occasionally contradictory, it would take more space than you have patience. If you are a member of the Tennessee General Assembly and voting for this bill, things like repetition, contradiction and violation of the First Amendment aren’t going to stand in your way.

I will, however, point out that in paragraph 9, there is a reference to the “jihad groups identified by the federal government as designated terrorist organizations pursuant to § 219 of the Immigration and Nationality Act”. On the other hand, the bulk of the bill sets out procedures for the Tennessee Attorney General to designate “sharia organizations” so that anyone who is associated with them can be prosecuted and liable for all sorts of civil causes of action. If the federal government has already designated jihad groups – a task for which they expend considerable federal tax dollars on extensive covert operations – why does the Tennessee AG need to do the same? And if the members of these organizations are already subject to federal law, why does Tennessee need to step in?

Now I wish this was just a looney bill introduced by a lone ranger legislator. Every legislature gets some of those every session. Those sorts of bills grab a newspaper headline and then die quietly in committee without a hearing. Unfortunately in this case, there are three Senate co-sponsors, the chairs of the Education, Transportation and Judiciary committees, the last of which has the bill under consideration. Ketron is the GOP Caucus Chair. And like the legislation in the other states, it has a companion bill in the other chamber, in this case sponsored by Rep. Judd Matheny. It has twelve co-sponsors, including the chair the State and Local Government committee.

And finally, I would be remiss if I failed to mention the goofiest bit of legislative drafting I’ve seen in a long, long time. It goes back to that definition of sharia. “‘Sharia’ means the set of rules, precepts, instructions, or edicts which are said to emanate directly or indirectly from the god of Allah…” The god of Allah? What is the god of Allah? “The god Allah” maybe. I can allow that some people think that Allah, as worshipped in Islam, is a different god than God as worshipped in Christianity, rather than just a erroneous understanding of God. And I understand that most American Christians are completely clueless that Arab Christians call God “Allah” because that’s the Arabic word for God. And most are Islamo-illiterate enough that they don’t know that Muhammad came up with Islam after lots of contact with Judaism and Christianity and in essence derived his idea of God from them and his intent was to worship the God of Abraham. But “god of Allah”? Is this the god that this Allah putatively worships? Who knows? Probably not even the real author of this legislation, David Yerushalmi, a self-proclaimed expert on Islamic law.

Yerushalmi has contended in the press that the bill does not prevent Muslims from practicing their religion – you know, that old First Amendment thing. This only raises the question of why this legislation was so appalling poorly drafted – so vague and contradictory – even if the intent is supposed to be more narrow.

Just like there is no case of sharia having been applied by any judge in any court in the US, there is no instance in which Tennessee, its government or Constitution, or Ellie May down at the Family Dollar have been harmed by sharia-adherent jihadists or could be harmed in such a way that having the state attorney general proscribe anyone or any group would make any difference whatsoever.

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Sooners Scared of Sharia

It’s just about the most ridiculous thing I’ve seen. Oklahoma voters overwhelmingly approved a measure to ban courts in the state from considering Islamic sharia law when considering cases. It also forbids courts to look to the legal precepts of other nations or consider international law when deciding cases.  Each of these provisions is so idiotic that I don’t even know where to start.

State Question 755 (ominously called the Save Our State Amendment) added this to the Oklahoma Constitution (italics mine):

The Courts…when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international or Sharia Law. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.

This whole thing started because an Oklahoma state representative heard about a case in New Jersey where a trial judge ruled against a woman seeking a restraining order because her husband was acting on his religious beliefs. The trial judge was promptly reversed by an appellate court, but the matter did not even involved sharia. In the New Jersey case, the trial judge did not say that since sharia allows the husband to force himself on his wife, he is entitled to do so. The trial judge said that the man’s sincere religious belief prevented him from forming the necessary mens rea to constitute marital rape. The judge was wrong and justice prevailed.

Another sponsor of the measure fretted because England has embraced 85 sharia courts, “while Oklahoma is still able to defend itself against this sort of hideous invasion, we should do so.” The only problem is that England has not embraced 85 sharia courts. England has 85 sharia courts (or at least the Daily Mail tells us so), but that’s like saying Oklahoma has 111 Rotary Clubs. Has Oklahoma embraced the Rotary Clubs?  Are Oklahoma courts bound to consider the decisions of Rotary Clubs which have hideously invaded the state, unless a constitutional amendment is passed?

People can voluntarily be a part of any organization. The only thing the sharia courts offer that is different is a forum for alternative dispute resolution. ADR is an increasingly popular thing. The idea is that litigants can chose a mediator or arbitrator to help them settle their differences. This saves the courts time and the parties money. Often lots of money. If both of the litigants are Muslims, there is no reason they cannot choose to have a dispute abitrated by other Muslims. If it is a matter which requires court approval, they can then enter a consent order with the court. As long as the agreement between the parties is consistent with the law, the court will usually approve the order. That is what some courts in England have done with sharia court decisions.

But this is nothing new. Courts in both England and the United States have often approved consent orders that are the results of beth din rulings. A beth din is the equivalent of a sharia court for Orthodox Jews. If both parties are Orthodox Jews and want to have their dispute settled in accordance with Jewish law, they come before the beth din judges following accepted rules of legal procedure and the judges decide the case, which is then submitted to the state court, particularly in family law cases. Perhaps someone needs to amend the Oklahoma amendment to forbid the consideration of Jewish law, in case there is an invasion of Orthodox Jews into the Sooner State.

But here’s the kicker. Muslims who submit their disputes to a sharia court and Jews who submit their disputes to a beth din are only doing what Christians should have been doing. Most Christians ignore the first half of I Corinthians chapter 6. I’ll just quote the first verse to refresh your memory and you can go read the rest: “Dare any of you, having a matter against another, go to law before the unrighteous, and not before the saints?”

But what about this “The courts shall not look to the legal precepts of other nations or cultures” bit? This is very interesting. Let’s look at it in reverse order. What is another culture? Clearly for the authors of the proposal, it is any culture where Islam is the dominant religion. But that’s not what the amendment says. And what constitutes a “legal precept” of that culture?

But it’s that “other nations” bit that will cause an interesting problem. The whole idea of the common law and the rules by which it operates did not originate in the United States. They come from England, which is, according to my red passport, another nation. Having lived within it for over a decade, I can assure you that it is another culture as well. It is fortunate that Oklahoma, unlike its neighbors Texas and New Mexico, is not a community property state, because it would then be looking to the legal precepts of Spanish law as well. Nonetheless, it appears that the authors (and is must be said, 70% of Oklahoma voters) imagine that American law just sprang up sua sponte.

And finally there is that bit about international law. This is bizarre because regardless of the amendment, Oklahoma courts will have to consider international law. Treaties to which the United States is a party are the supreme law of the land. So says Article VI Section 1 of the US Constitution. Treaties to which the United States is not a party are irrelevant and would never be considered by a court in Oklahoma. The relevance of international law is a federal matter, because only the federal government has any legal interaction with other countries.

State Question 755 was written by ignorant people to be voted upon by ignorant people.  Somehow a lot of people see the words “Islam” or  “Muslim” and their brain function just shuts off. Muslims are bad, so if something is against Muslims it must be good. It doesn’t have to be good law or even make logical sense. It will probably do something to help stop the great Muslims invasion (they must be massed at Fort Smith and Siloam Springs just waiting to pour over the border) and that’s all that matters.

Lord, save us from ourselves.

Beating an Old Woman, Saudi Style

It’s time for another segment of “All Religions are Equal”.  In another case of moral outrage, two young men delivered bread to a 75-year-old woman. The Saudi religious police, ever eagle-eyed, spotted the men at the woman’s house and arrested her. Because the men are unrelated to her, she’s been sentences to 40 lashes, 4 months imprisonment, and then deportation, because she’s a Syrian citizen.

Khamisa Mohammed Sawadi tried to argue that one of the men, Fahd, was her son according to Islam because she had breast-fed him, but the court wasn’t buying it. I’m not sure I buy it either, as the man is 24 and she would have been a 50-year-old wet nurse.  But don’t worry, Fahd’s not getting off lightly. He’s getting 40 lashes and four months as well. His friend Hadian has fared even worse. He’s getting six months in prison to heal from 60 lashes.

That’s the Wahhabist approach to Sharia. These are the Muslims that are our allies.

It’s not like everyone in Saudi Arabia is happy about this. “It’s made everybody angry because this is like a grandmother,” Saudi women’s rights activist Wajeha Al-Huwaider told CNN. “Forty lashes — how can she handle that pain? You cannot justify it.” That’s women’s rights activism in Saudi Arabia. It’ s not that Khamisa shouldn’t be beaten, but 40 lashes is too much. And as for the imprisonment, don’t do the crime if you can’t do the time. Or I suppose in her case it should be “don’t take the bread if you can’t be locked up til you’re dead.”

But hey, they’ve got oil and we need it. And they are the good Muslims that are on our side, right? Who are we to say anything? We can’t make value judgements about their culture, after all.

Honest Hate

At least he’s honest. Anjem Choudary has been telling Muslims they shouldn’t be celebrating Christmas. “How can a Muslim possibly approve or participate in such a practice that bases itself on the notion Allah has an offspring? The very concept of Christmas contradicts and conflicts with the foundation of Islam.”

He sees that all this bunkum about worshipping the same God is as offensive to Islam as it is to Christianity. Either Jesus is the Son of God, the incarnation of Allah, or He is not. To say that the Babe in the manger is the Most Holy One is direct contradiction to the very essence of Islam.

So I don’t see why it is such big news that he is saying this. He’s just being a good Muslim.

Why didn’t it make bigger news when Choudary, who is the chairman of the Society of Muslim Lawyers, praised the Mumbai attacks? Nobody seemed to notice when he called for the assassination of the Pope.  It is almost forgotten that he organised the demonstrations over the Muhammad cartoons, which included incitement to murder.

And why it is only mentioned in passing that his family is not supported by his legal work and he apparently isn’t well paid as Principal Lecturer at the London School of Shari’ah.  Perhaps he doesn’t have time for that with all of his preaching since he has to fill in for his mentor Omar Bakri Mohammed, who has been exiled from the UK. I’m just guessing that’s why they receive  £25,000 a year in state benefits.

It’s like, sure he is bigging up the deaths of 163 people in the name of Islam, but now he hates Christmas, too? Good grief. Why not actually expose that we are supporting the work of a domestic terrorist who doesn’t just hate Christmas. He hates us.

Iran Codifies the Death Penalty for Christians

Even though it has been ignored by almost all of the mainstream media, The Daily Telegraph has an article about the new Iranian law that codifies the death penalty for any male who converts from Islam to another faith. Women who dare to commit such a heinous crime are lucky. They will only get life in prison.

The article focuses on Rashin Soodmand, the daughter of pastor Hossein Soodmand, the last man to be hanged for converting to Christianity. She now lives in the UK. Her brother Ramtin is still in Iran and now in jail. Even though he was never a Muslim, he may be one of the first to die under the new law.

Read this article.

The Latest Excuse for Terrorism

I think anyone would have to admit it was a mild response, by radical Islamic standards. The house and office of Martin Rynja, the UK publisher of The Jewel of Medina has been firebombed. The book, which has already been pulled by Random House in the US, tells the story of Muhammad and Aisha. Aisha was the wife he married when she was nine years old.

Of course there have been the usual fatwas calling for the death of the author, in this case Sherry Jones, but these seem to apply to anyone connected with publishing the book as well. It’s a good excuse to authorise the killing of as many infidels as possible. London-based radical cleric Anjem Choudhary is promising more attacks if the publication of the book goes ahead.

I’m not saying I support the publication of the book. Publishing any literature describing the sexual relationship between a nine-year-old and anyone should be in violation of all sorts of obscenity laws. But that’s not the problem for radical Muslim clerics. The forced marriage of pre-pubescent girls is not uncommon in the countries and cultures in which they were born. No, it’s that whole insult to Muhammad thing.

It’s not insulting to say that he had sex with a nine-year-old – that’s history. It seems it’s just insulting for an non-Muslim to write about him or for someone to novelise him. Apparently the book even tries to put a positive spin on this love story. You’d think the clerics would love that.

Fatwa Rules Paedophilia Preferable to Christianity

Following up on the the previous story, I was looking to see what other WordPress bloggers might have said about the kidnapping, forced conversion and forced marriage of the Younis sisters. That’s where I found Blogging for a free world referring to information from Minorities Concern of Pakistan.

Even though the legal marriage age in Pakistan is 16 for females, this was negated by a fatwa – a decree issued by religious leaders – which justified it. It was worth it to them that the girls be kidnapped, sold as property, and then sexually abused in order to effect their conversion to Islam.

Reports indicate exactly what has happened to Saba Younis, the elder sister. After Muhammad Arif Bajwa kidnapped the girls at gunpoint, he sold them to Falak Sher Gill. Gill then gave Saba to his son, Muhammad Amjid. To whom Anila has been given seems to be unknown at this point.

In contravention of the statutory law, a Pakistani court has previously approved of the marriage of a 12-year-old because it ruled that Islam allows a female to marry if she has reached puberty. However, in that case it appears that the girl wanted to marry. Of course in that case, both parties were Muslim.

It now appears that special rules apply if the girl is a Christian and doesn’t consent. Puberty need not be an issue.

Remember to file this under “All religions and cultures are equal.”