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Obeying-Secular-Law

Summary: 

There is no surer path to Muslim violence than through the legitimization of Muslim grievance. And once you accept the legitimacy of the grievance, then you are also bound to accept the legitimacy of the violence that follows.

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The fundamental Muslim grievance is that they are not in power, not just in Israel where the world has accepted their demand to be in power as a wholly moral and legitimate demand, or throughout the Muslim world where Western governments have helped bring the Islamists to power with bombs and political pressure. The fundamental grievance is that they are not in power... everywhere.

If you believe that Islam is the fundamental law of mankind, that all mankind at one time were Muslims and that there is no true justice except through Islamic law-- then it follows naturally that Muslims have been cheated of their rightful power, that they are forced to live under "atheistic" regimes and that "justice" demands that the world "revert" to Islamic rule.

It's why the rhetoric of democracy falls notoriously flat when it comes to Islam. Muslims are not out for representation except as a preliminary stage to absolute power. They may route the guardianship of that absolute power power in various ways, through a dictator or some form of popular democracy, but these are only vehicles for the imposition of Islamic law.

The absolute power of Islamic law is justified by its origin in Allah and the unjust nature of non-Muslim law is equally proven by its lack of divine origin. If you take Islamic assumptions at face value, then this makes perfect sense. Therefore a devout Muslim cannot view a non-Muslim society as just. Equating an infidel code with Sharia is blasphemy. And so the logic of Islam dictates that Western Muslims must view themselves as oppressed.

Summary: 

These cases of openings to a justice parallel to that of the State raise several problems. The first is that the acceptance of parallel court decisions is an acceptance of communitarianism. This calls into question the unity of justice in a territory as well as the equality of men before the law, since depending on the religion of the former, the applicable law would not be the same. The applicability of the ECHR in the signatory countries is questioned or at least restricted in certain areas. Areas of “different right” (sometimes called “no rights” zones) where the signatory State would have accepted more or less officially that its right be derogatory.

Finally, this raises the question of the acceptability of certain principles or values. The former PACE Rapporteur explained in her note that “The Court has ruled that Sharia law is in compatible with the European Convention on Human Rights, but obviously this does not mean that there is absolute incompatibility between the Convention and Islam”      

This distinction between Sharia and Islam to consider the former as incompatible with the ECHR contrary to the second is not obvious. At the beginning of her note, she states precisely that “Sharia law is understood as being ‘the path to be followed’, that is, the ‘law’ to be obeyed by every Muslim.” If Islam “ordained a law” (Surah 5, verse 48) to every Muslim and “assigned a path” (id.) is sharia, then sharia becomes something consubstantial to Islam. A Muslim may not be a good Muslim if he does not apply the Sharia. There would thus be an incompatibility between the ECHR and Islam, which is not surprising as the need to create human rights in Islam testifies.

[1] CEDH, Refah Partisi (The Welfare Party) and others v. Turkey [GC], n° 41340/98, 41342/98, 41343/98 and 41344/98, 13 February 2003, § 123.                                                                                                                            

[2] Committee on Legal Affairs and Human Rights, Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the ‘Cairo Declaration’? Introductory Memorandum, AS/JUR (2016) 28, 7 October 2016, § 6. All following passages are excerpts from this note, which contains all sources, accessible here.

Country: 
Nigeria
News Date: 
23/02/2018
Summary: 

Islamic law forbids Christians to build new churches. That’s the only law that Mudasiru Owoyale doubtless respects. What Nigerian law says is of no import to him; he considers that to be manmade law, vastly inferior to the supposedly divine law, Sharia.

Author(s):

Summary: 

Independent review by Professor Mona Siddiqui and a review panel of experts into the application of sharia law in England and Wales by sharia councils.

Admin: The independence and methodology of this review has been seriously questioned.

Country: 
Germany
News Date: 
07/02/2017
Summary: 

ISLAMIC radicals from the Muslim Brotherhood are attempting to gain a “monopoly” over mosques in the German state of Saxony and impose Sharia law, a local security chief has claimed.

Country: 
Nigeria
News Date: 
20/05/2002
Summary: 

Religious and ethnic clashes have cost thousands of lives in Nigeria in the past two years and the restoration of strict Islamic law in 12 of Nigeria's 36 states has sparked bloody riots between Christians and Muslims. Now with more harsh Sharia punishments pending, including stoning, whipping, amputation and execution, and the prospect of Sharia being extended to at least one state in the predominantly Christian south, the issue might tear the country apart.

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Country: 
Nigeria
News Date: 
20/08/2002
Summary: 

An Islamic court in Nigeria yesterday upheld a sentence of death by stoning for a woman accused of adultery. The case is the latest in a series of sentences passed under sharia law - a set of religious laws adopted over the past two years in northern regions of Nigeria, which have predominantly Muslim inhabitants.

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Country: 
France
News Date: 
14/02/2018
Summary: 

A leading representative of French Muslims urged Emmanuel Macron not to meddle in the organization of France’s second-largest religion, days after the president said he would try to redefine relations between Islam and the state.

Country: 
United Kingdom of Great Britain and Northern Ireland (the)
News Date: 
06/02/2018
Summary: 

As black and minority women and human rights campaigners, we voice our dismay at the outcome of the independent review on Sharia laws commissioned by the government in 2016.

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