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Tuesday, 20 September 2016
American law versus the sharia law
Law is a system of rules that a country recognizes as regulating the actions of people and may enforce by the imposition of penalties. Every country has its own laws that hold their people accountable for following and obeying. It's important to know the laws of the country you live in or the country you visit because you will be responsible for your actions if you are caught breaking them. Every country had its own way
on dealing with people who committed the same crime. For example, if you are caught stealing in Iraq you will get your hand cut off no matter the value of the item you were caught stealing. In the United States of America if you are caught stealing your punishment will come down to the type of theft you committed whether it will be petty larceny or arm robbery and the value of the item you are caught stealing in order to decide your punishment.
The Islamic law does not recognize any form of government instituted by man, only a government that follows the laws of Allah. Such is government of Saudi Arabia that forbids the existence of any religion other than Islam and arrests and prosecutes anyone who wears a cross or carries a bible. Islamic law declares that there are two different types of people, those who believe in Islam and those who don’t, and they do not apply the laws equally. It may seem harsh but if you want to understand Islamic law you need to understand its history. Is Islamic law is ordered in the United States. Islamic law comes from the holy book the Quran. These laws are strict because they are believed to be the written word of God and if you break these laws you are breaking God's word on the proper way to live your life.
The proper term for Islamic law is called the Shariah law. The Shariah law is the legal system developed from the Quran and Hadith (the written documents from the last prophet Muhammed). The origin differs between the two sects of Islam Sunni and Shia. Once again if you want to understand the Islamic law you have to understand its history. Muslims in Arabic countries are divided into two main sects the Sunnis and Shia. The split originates in a disagreement after the death of the Prophet Muhammad over who should lead the Muslim community. Sunni Muslims regard themselves as the orthodox and the originators of Islam. The Shia claimed the right of Muhammad's son in law Ali and his descendants to lead the Islamic community. The Sunni and the Shia have been divided for centuries. This is what also impacts their laws.
In America our laws are not divided by a person's religion. In American our laws were created so all who live in the United States should follow. In America laws differ from state to state. For example in New Jersey there is no death penalty law. However in the state of Texas there is a death penalty. Laws differ from state to state because they are created to suit their own individual state’s needs. America’s state laws are protected under the constitution, and are allowed to create and enforce whatever laws they want. However, federal laws are the same across all state boards. In the United States the Constitution is the source of the law, but it was never designed to address every legal question. The United States Constitution provides the groundwork for all of the laws in the United States of America. Hence, all characteristics of the criminal justice are governed and organized by the guarantees in the U.S. Constitution.
Though, the early history of criminal justice system was comparatively free from intrusion by the Supreme Court, even when it appeared that individual jurisdictions were appealing in behavior that may have disrupted the Constitutional rights of suspects or criminal defendants. During the past 50 years, the court has converted more active and involved in the process of shielding Civil Rights and giving teeth to the rights assured in the Constitution. Inside the Constitution, there are two bases of law, common law and statutory law. This law comes from the judicial branch. The United States government is divided into three branches. D's branches are the legislative branch, the executive branch, and the judicial branch.
Though our laws are different. There are a group of people who desire to have a different set of laws applied to them here in the United States of America. Muslims who follow the political/religious crusade called Islam and their law called Sharia. Muslims appearing in various courts in America have requested to have their Sharia laws applied to them in place of our civil and criminal laws. Though it has been ruled out. This has become so repetitive to some legislators have started to worry that there would be two diverse laws and Sharia would become an additional for the Constitution. The state of Oklahoma passed a law that would prevent courts within the state to implement any religious or international law and the U.S. Court of Appeals settled with lawyers representing the Hamas terrorist supporting group CAIR to overturn the Oklahoma law because it would categorize against Muslims.
One more important aspect is that Muslim scholars do not see Islam as an "evolving” religion. Meaning that the legal and ethical values of Islam do not change with the times but are constant and perpetual for all ages and times. However, as will be debated, there are many differences of the application of Sharia in the Islamic world. But even these differences are still founded on the one essential binding characteristic of Islamic law - namely, the Qur'an.
While fairness is one of the foundations of the United States law, a non-Muslim, under Sharia, is not permitted to inherit any part of the estate of a deceased Muslim. Under Sharia law Muslims are allowed to commit acts of violence that is not allowed in civil law. This was taken out in a New Jersey court that originally ruled a Muslim man could beat his wife. Sharia law prohibits freedom of speech, treats women as less equal to their male counterparts in cases of rape and adultery and family disputes. Sharia law calls for the most barbaric a heartless treatment of anyone convicted for petty crimes of theft with penalties of cutting off hands and feet. Sharia law says that no one may criticize Islam or even use the texts in the Koran or the life of Mohammad that would cause humiliation to Muslims. In plain language, Sharia law is a conflict to the laws of the United States of America. If Sharia law would be allowed in our courts it would be virtually unmanageable to prosecute any Muslim for any crime in contradiction of a non-Muslim or even against the United States of America, itself.
There is really no association between American law and Sharia law. There is a very piercing difference. There are no illustrations in which I know where the laws of the United States don’t include adultery or homosexual affairs. It is the accountability of the people to account for themselves. While the Sharia law would put to death anyone who would commit adultery and or fornication. A woman would be put to death not a male. In America, if a woman were to commit adultery she would not be put to death by stoning. She would just have to face penalties of her actions if her spouse were to find out. The Sharia does not separate church and state. The church is the state. In The Unites States they are both separate entities.
References
shariainamerica.com/
http://www.huffingtonpost.com/2013/07/29/sharia-law-usa-states-ban_n_3660813.html
http://www.thepoliticalinsider.com/muslims-try-pass-sharia-law-alabama-citizens-say-hell-watch/
http://topics.nytimes.com/top/news/us/series/american_exception/index.html
http://topics.nytimes.com/top/reference/timestopics/subjects/j/judges/index.html
http://www.upi.com/Top_News/US/2013/05/19/Under-the-US-Supreme-Court-Islamic-law-in-US-courts/64481368948600/
http://topics.nytimes.com/top/reference/timestopics/subjects/s/sharia_islamic_law/index.html
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