The final phase of my trilogy on Shari’ah will deal with;
I delved into the fallacy behind blasphemy, religious coercion, and civil laws under Shari’ah in the previous phase. There, i briefly discussed Islamism; a movement whose goal is conquering the world and full implementation of Shari’ah worldwide. This movement is akin to fascism in that it seek control all of human affairs, and akin to Nazism because it seek to eliminate all it opponents forcefully and bloodily.
I am not writing to persuade the Islamists or Shari’ah advocates. I write to expose the menace creeping into our society through deception and ignorance. Sure, there are other areas of Shari’ah that wont be covered in this work but this is the most detailed and straightforward criticism of Shari’ah you may find. Most critics seldom go beyond stoning or amputation and even then, there is barely rational analysis and sound debunking of these laws other than mere protest or rejection.
What is “Jihad”?
Jihad is the arabic word for ‘struggle’ or ‘strive’. However, its connotation throughout Muslim history has been military invasion of non-Muslim territories to implement Shari’ah.
Shari’ah divides the world in two; the abode of peace which is the region under Shari’ah and the abode of war, which the region not ruled by Shari’ah. The abode of war is to be militarily invaded after it has been invided to Islam by Muslim but it refuses.
Where does the Shari’ah decree of Jihad emanate from?
In one of my past article, i delved into details to answer this question. Muslim scholars often refer to the fifth verse of Chapter 9 of the Qur’an as the Verse of the Sword. In his exegesis of the Qur’an, Ibn Kathir; a foremost authority of Qur’an in the Muslim world explains that this verse legislate fighting non-Muslims for the sake of their disbelief. Confirm
There are popular orthodox ‘Muslim’ traditions that also confirms the decree of Jihad;
Sahih Bukhari>Book of Salat.
Narrated by Anas bin Malik Allah’s Apostle said, “I have been ordered to fight the people till they say: ‘None has the right to be worshipped but Allah.’ And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us and we will not interfere with them except legally and their reckoning will be with Allah.”
Narrated Maimun ibn Siyah that he asked Anas bin Malik, “O Abu Hamza! What makes the life and property of a person sacred?” He replied, “Whoever says, ‘None has the right to be worshipped but Allah’, faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have.”
Lastly the decree of Jihad is confirmed by concensus of mainstream Islamic clergy. All the schools of law of orthodox Islam affirm that Shari’ah is an obligation and any Muslim who deny it is an apostate. Confirm
Doesn’t Shari’ah stand against attack on innocent lives?
Yes it does. No Shari’ah advocate/Islamist will defend attacking innocent people. But it must be understood that Shari’ah doesn’t recognize non-Muslims who refuse Islam as innocent, additionally, it deem anyone who opposes it implementation to be guilty. That explain why Shari’ah driven Jihadist groups like ISIS kill even Kurdish fighters who may be Muslims.
What is the ramification?
Obviously loss of lives and properties. Jihadists believe that the end justifies the means, that the Shari’ah state that will be established on conquest is so beautiful that it is worth any amount of bloodshed.
If this is true, why hasn’t any of the Shari’ah states invaded non-Muslims?
Because they lack the military competence to do so today. In the middle ages, Arab and Turkish empires militarily invaded and conquered non-Muslim empires around them like the Roman and Persian empire. They invoked Shari’ah to sanction all these.
What happens if the Jihadists complete their invasion?
Shari’ah grant them the option of enslaving their hostage or captives whom they distribute like booty;
Sahih Bukhari>>Book of Salat
Narrated ‘Abdul ‘Aziz: Anas said, ‘When Allah’s Apostle invaded Khaibar, we offered the Fajr prayer there yearly in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, ‘Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.’ He repeated this thrice. The people came out for their jobs and some of them said, ‘Muhammad (has come).’ (Some of our companions added, “With his army.”wink
We conquered Khaibar, took the captives, and the booty was collected. Dihya came and said, ‘O Allah’s Prophet! Give me a slave girl from the captives.’ The Prophet said, ‘Go and take any slave girl.’ He took Safiya bint Huyai. A man came to the Prophet and said, ‘O Allah’s Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraiza and An-Nadir and she befits none but you.’ So the Prophet said, ‘Bring him along with her.’ So Dihya came with her and when the Prophet saw her, he said to Dihya, ‘Take any slave girl other than her from the captives.’ Anas added: The Prophet then manumitted her and married her…”
What is the fate of these slaves?
Their fate is left to their masters. A slave could serve as domestic servant, a farm laborer or a concubine. A slave may not disobey or flee from his master. Shari’ah regards that to be a grave sin or crime. Slaves may be bought, sold, gifted, manumitted, married or exchanged for another. Slaves are not forced to embrace ‘Islam’ but their children are unquestionably Muslims and cannot leave Islam.
Here are few examples:
Sunan an-Nasa’i » The Book of Financial Transactions
Jabir (Allah be pleased with him) reported: There came a slave and pledg- ed allegiance to Allah’s Apostle (may peace be upon him) on migration; he (the Holy Prophet) did not know that he was a slave. Then there came his master and demanded him back, whereupon Allah’s Apostle (may peace be upon him) said: Sell him to me. And he bought him for two black slaves, and he did not afterwards take allegiance from anyone until he had asked him whether he was a slave (or a free man)
Sahih al-Bukhari » Sales and Trade
Narrated Jabir bin Abdullah:
A man decided that a slave of his would be manumitted after his death and later on he was in need of money, so the Prophet took the slave and said, “Who will buy this slave from me?” Nu’aim bin ‘Abdullah bought him for such and such price and the Prophet gave him the slave.
Sahih al-Bukhari » Gifts
Narrated Kurib: the freed slave of Ibn ‘Abbas, that Maimuna bint Al-Harith told him that she manumitted a slave-girl without taking the permission of the Prophet. On the day when it was her turn to be with the Prophet, she said, “Do you know, O Allah’s Apostle, that I have manumitted my slave-girl?” He said, “Have you really?” She replied in the affirmative. He said, “You would have got more reward if you had given her (i.e. the slave- girl) to one of your maternal uncles.”
Sahih Muslim » The Book of Marriage (Kitab Al-Nikah):
Jabir (Allah be pleased with him) reported that a man came to Allah’s Messenger (may peace be upon him) and said: I have a slave-girl who is our servant and she carries water for us and I have intercourse with her, but I do not want her to conceive. He said: Practise ‘azl, if you so like, but what is decreed for her will come to her. The person stayed back (for some time) and then came and said: The girl has become pregnant, whereupon he said: I told you what was decreed for her would come to her.
What is the rationale behind Shari’ah permitting slavery and executing homosexuals?
One would expect a law often touted as moral compass of a God conscious society to forbid apparent means of oppression like slavery but it doesn’t. Shari’ah advocates are too busy in their pursuit for validation of Shari’ah that analyzing the decrees and rationale behind them is overlooked as a distraction. There is no logic in killing two men for sexual relations while another man oppresses and humiliate someone else without even a slap on the wrist.
But when we think deeply, we find that slavery entails overpowering and subjagating non-Muslims, leaving them so weak that Muslims’ dominance is cemented. Therefore, being a law enacted to ensure dominance of Muslims over non-Muslims, Shari’ah legalizes slavery, overlooking the misery and burden that slaves might bear.
Shari’ah encourage Mannumision of slaves, mandate fair treatment of slaves, prohibit enslaving persons unless they are war captives or children of slaves. Isn’t Shari’ah structured to minimize slavery?
Not really. Although Shari’ah dooes forbid kidnapping and enslaving free persons or punishing criminals by slavery, it does overcome this by legislating regular Jihad from which a lot are enslaved for resisting the Jihadists.
Is sex slavery a better alternative to prostitution?
One justification for sex slavery by Shari’ah advocates/Islamists is that it is less harmful to the society than prostitution. Of course when we consider the health risk involved, it seem to be true. But overall, the reverse may be the case. Sex slavery objectifies women than anything imaginable. The reasons being that’ unlike prostitutes, sex slaves earn nothing in return and have no right to quit their role.
What is the fate of the non-Muslims after they have been conquered by the Jihadists?
Once the invasion is completed and the captives have been distributed as slaves, the rest of the townfolk have 3 options.
A: Embrace Islam
B. Pay Jizya
C. Face Death
If the non-Muslim townfolks are Jews or Christians, they may choose from the 3 options. If they include atheists, agnostics, deists or pagans, only option A and C is permitted for them.
Sahih Muslim>> Book of Jihad
It has been reported from Sulaiman b. Buraid through his father that when the Messenger of Allah appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate bodies; do not kill the children. When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withold yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah’s help and fight them.
What is Jizya?
Jizya is a derivative of a root word; Jaza which mean a recompense or compensation. In the context of Shari’ah, Jizya is a fee charged on non-Muslims living under the Shari’ah state. All adult non-Muslim males must pay Jizya periodically in order to live peacefully in the state. The value of this fee is not fixed and may vary depending on the decision of Shari’ah authorities.
Is Jizya synonymous to state tax or non-Muslim variation of Zakat?
Don’t be deceived by apologists, Shari’ah is not merely a state tax or non-Muslim variation of Zakat for a number of reasons;
1. Linguistically, Jizya imply a recompense or compensation, not a tax. Zakat mean purification.
2. Jizya is charged on adult non-Muslim males. Tax is charged upon the working class in the society, regardless of gender or religion. Zakat is charged on Muslim adults earning a living.
3. Jizya can be periodically varied by Shari’ah authorities, Zakat is fixed.
4. Jizya is paid by the non-Muslims to be granted peace. It is meant to humiliate them.
Tax goes to the government and serve as revenue for running state public affairs.
Zakat goes to the poor, needy orphan, destitute.
Tafsir Ibn Kathir>>Qur’an 9:29
Paying Jizya is a sign of disbelief and disgrace
Allah said, (until they pay the Jizyah), if they do not choose to embrace Islam, (with willing submission), in defeat and subservience, (and feel themselves subdued.), disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimmah or elevate them above Muslims, for they are miserable, disgraced and humiliated. Muslim recorded from Abu Hurayrah that the Prophet said, “Do not initiate the Salam to the Jews and Christians, and if you meet any of them in a road, force them to its narrowest alley.” This is why the Leader of the faithful `Umar bin Al- Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation and disgrace.
Too often, we fail to realize the power of ideas. Most of us seldom study. Shari’ah advocates and Islamists realize this and exploit it to their advantage via strawman argument and window dressing. They tell you that Shari’ah bans things like alcohol and usury for the good of man. They never tell you that according to Shari’ah, a ruler cannot be questioned or held accountable for offenses. They seldom tell you that only Islamic symbols are permitted and crucifix, bible and other religious symbols are outlawed by Shari’ah.
Iran and Turkey where secularized in the first third of last century. By 1979, Shari’ah had been fully returned to Iran. Today, secularism is losing virtually all its grip over Turkey for Shari’ah. This is happening because, we fail to realise we are caught in a war of ideas in which Shari’ah advocates and Islamists do all the attack while the secularists, liberals and democrats seldom counter-attack. This same war is all over America and Europe today.
Any non-Muslim who dare question or condemn Shari’ah is branded an Islamophobe while any Muslim who dare express mere contempt for Shari’ah is dubbed an hypocrite or western agent. Whereas, 95% of Shari’ah doesn’t come from the Qur’an, but from hearsays collected no earlier than 150 years after Muhammad and opinions or teachings of clergy who have no authority from the Qur’an. The rest 5% of Shari’ah from the Qur’an concerns theft, adultery, murder, divorce and inheritance which are distorted and misapplied by the traditionalists who represent the mainstream.