Doc's Talk: AMJA warns Muslims about our legal system

Tuesday, April 17, 2012

AMJA warns Muslims about our legal system

Act For America

The Assembly of Muslim Jurists of America (AMJA) does not have the public profile of CAIR, the Council on American-Islamic Relations. But its rulings are jarring, such as the one we emailed in which AMJA ruled that forcing a wife to have sex is not rape.

What’s more, given the list of its members (see article below, highlighted), it clearly has serious influence in the Muslim community in America. Thus, its rulings and writings must be taken seriously. This is not a “fringe” organization, or a few “extremists” trying to “hijack” the religion of Islam. These are influential leaders whose writings and rulings are frequently sharply at odds with our Constitution, our laws and our freedoms. Translating Jihad

The Assembly of Muslim Jurists of America (AMJA) cautioned American Muslims in a 22-page Arabic-language paper in 2008 against working in law enforcement in countries which do not rule by Allah's dictates. One of their main concerns was that such work might cause Muslims to gain love and respect for secular laws:

...there are many evils which result from working in law enforcement, the greatest of which is compelling people to obey rulings which do not come from Allah. It could also cause reverence and love for these rulings to enter the heart of the police officer, and perhaps spread to the hearts of his family members and other Muslims who see him at the mosque or even Muslims in general. They could lose conviction of governance by Allah, and become pleased with a legal system that does not come from Allah. (italics added)

AMJA provided some allowances for Muslims to work in certain law enforcement professions, fearing that a lack of Muslim representation in this sector could bring negative effects for the Muslim community. They also reasoned that Muslims working as police officers might be able to use their positions to help the Muslim community, such as helping out with traffic near their mosques and protecting their mosques. Still, there was concern that some of these might be required to enforce laws contrary to the shari'a, such as "arrest[ing] a Muslim man whose wife said he 'raped' her."

The AMJA paper specifically forbade Muslims from working for the FBI or in national security positions, due to their alleged arbitrary targeting of certain Muslims for "their political beliefs, charity work, or some of their convictions under the shari'a"--an apparent reference to counterterrorism investigations against Muslim suspects.

The paper also made clear that Muslims are to seek justice not in secular courts, but in Islamic courts which are compliant with their shari'a: "It is not permissible to pursue justice in the man-made (i.e. non-Islamic) judiciary, except where there is an absence of a shari'a-compliant substitute capable of restoring one's rights and working out one's grievances" (see my translation of another AMJA paper on working in the judiciary here).

Throughout the paper it is made clear that the duty of Muslims is not to uphold and respect the laws of the land in which they reside, but rather to do everything in their power to make the laws of Allah--the shari'a--supreme:

[Muslims are] to seek through legal means which exist in the countries in which they reside to make it possible for themselves to seek legal recourse in their shar'ia, and (not only) for personal affairs.

The duty to make Islam supreme comes above all, even preserving one's life:
We must remember that preserving the religion comes before preserving one’s self, mind, wealth, honor, or offspring. [...] But if saving [the individual's] life destroys Islam, then saving Islam comes first, even if it means the individual is destroyed. This is the case with jihad against the infidels, and the killing of apostates, and so forth.

It is worth stressing once again that AMJA--whose stated purpose is to "clarify the rulings of the sharia which are relevant for those who live in America"--is a mainstream American Muslim organization. Their membership list contains a large number of highly-influential American imams and Muslim leaders, including Muhammad al-Majid of the Adam Center in Virginia; Hussein Hamed Hassan, director of the financial consultancy firm which advises Goldman Sachs, JP Morgan Chase, and other large American banking institutions; Zulfiqar Ali Shah, former president of Islamic Circle of North America and current executive director of the Fiqh Council of North America; and the author of this paper, Dr. Hatem al-Haj, MD, PhD, a fellow at the American Academy of Pediatrics, and founder and president of "Building Blocks of Islam."

A longer list of some of their prominent American members follows:

Hussein Hamad Hassan (Chairman of the Board at AMJA), Director of Dar al-Sharia Legal and Financial Consultancy (Dubai) (firm which advises Goldman Sachs, JP Morgan Chase, and others);
Mohammad AlMajid, Imam of Adam Center (Virginia);
Mohammad Naeem AlSael, University of Texas, American Open University (AOU) (Virginia);
Waleed Basyouni, North American Imam Federation (NAIF) (Arizona), Texas Dawah Convention, AlMaghrib Institute (Texas);
Ahmad Al Soway'ey Shleibak, Professor at AOU;
Al Sayed Abd Al Halim Muhammad Hussein, President of Al-Eman Islamic Association of New York;
Hatem AlHaj, Sharia Academy of America (Florida), Albert Lea Medical Center (Minnesota), NAIF, Islamic Jurisprudence Council of Minnesota;
Abdel Azim AlSiddiq, Professor at Islamic American University (IAU), Imam/Director of Aqsa Islamic Society;
Deya-ud-Deen Eberle, Lecturer at AOU;
Ahmad Al Sherbiny Nabhan, Professor at AOU;
Ahmad Abd Al-Khaliq, Imam of the Islamic Center in New Jersey;
Gamal Helmy, Chairman of Religious Affairs in the Muslim Association of Virginia (MAV);
Gamal Zarbozo, Islamic writer and researcher in Denver, Colorado;
Haitham Abu Ridwan Barazanji, Imam of the Islamic Center in San Pitt, Tampa, FL;
Ibrahim Dremali, Imam of the Islamic Center of Boca Raton, Florida;
Ibrahim Zidan, Imam of Al-Huda Islamic Center (New York);
Mohammad Faqih, Khateeb and Lecturer in Columbus, Ohio;
Mostafa Tolbah, Imam of Islamic Center in Detroit, Michigan;
Muhammad Abo Al Yosr Al Beyanony, Imam of Islamic Center in Raleigh, North Carolina;
Muhammad Sayed Adly, President of Imams and Duat Association of South and North Carolina, Imam of Masjid Al-Muslimeen in Columbia, South Carolina;
Muhammad Muhammad Musa, Imam of Islamic Center in Bloomfield Hills, Michigan;
Mukhtar Kartus, Member of Board of Trustees and Daia in Islamic Center in Ann Arbor, Michigan;
Mustafa Shahin, Lecturer at IAU;
Mustafa Balkhir, MA student at AOU;
Mustafa Al-Turk, Chairman of Islamic Organization, Michigan;
Omar Shahin, President of Executive Committee of NAIF, Lecturer at AOU;
Sadeq Muhammad Al Hassan, Director of Masjid Annur, Sacramento, California;
Samy Muhammad Masaud, Imam of Aleman Mosque in New York City;
Tho Al Fokkar Ali Shah (variant: Zulfiqar Ali Shah), President (Former) of Islamic Circle of North America (ICNA), Executive Director of Fiqh Council of North America, Religious Director of Islamic Society of Milwaukee;
Yassir Fazaqa, Imam of Islamic Center of Orange County, California;
Waleed Al-Maneese, Dar-al-Farooq Islamic Center (Minnesota), Vice President of Islamic University of Minnesota, AOU, NAIF;
Muwaffak Al Ghaylany, Islamic Center in Grand Blank City (Minnesota), Shari`a Academy in America (Florida), NAIF;
Main Al-Qudah, MAS Katy Center (Texas), AOU, Islamic American University (Minnesota), Al-Yarmook University (Iraq);
Salah Alsawy, Institute of Arabic and Islamic Sciences (Virginia), AOU, Sharia Academy (Florida), Al-Azhar University (Egypt), Umm Al Qura University (Saudi Arabia); and
Muhammad Adam Alsheikh, Al Rahmah Mosque (Maryland), Sudanese courts.

[READ COMPLETE ARTICLE AND TRANSLATION HERE]

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

Doc's Talk