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Country: 
Belgium
News Date: 
06/04/2018
Summary: 

For the second time in 6 years the ‘Islam’ party will participate in Belgium’s municipal elections. The party wants to create an Islamic State and separate men and women in public transport, Belgian newspaper HLN reports. “Our goal is a 100% Islamic State, but we don’t mean we want to oblige the headscarf,” the party’s founder Redouane Ahrouch says.

Country: 
India
News Date: 
08/09/2017
Summary: 

“Those who oppose, question or do not accept the Sharia or Islam, we will explain these things to them also. If they still are not convinced, then they will be ex-communicated from the religion and not be considered as Muslims.”

Comparable declarations saying that jihad terrorists will be excommunicated and not be considered Muslims have been rare, at best.

Note also the implications of this for Islamic reformers, and for Islamic apologists in the U.S. who insist that Sharia stonings and amputations, misogyny, and oppression of non-Muslims have nothing to do with Islam.

In our opinion, the Imams and Islamic scholars have failed to make the case that the jihad currently practised by ISIS and other groups is not sanctioned by Islamic texts. The critics have broken the very rules they accuse ISIS of not following when they try to make their case by ignoring abrogation and parts of Islamic texts that are inconvenient to their argument.

They have also tried to substantially misrepresent the way Islam was spread after the initial conquest of the Arabian peninsular as been by defensive wars and peaceful invitations to people to become Muslims. The historical record shows a very different picture.

Similarly with slavery, their claim that Islamic states have abolished it (under pressure from Western countries it must be said) is technically accurate, however slavery is still legal under Islamic Sharia law and it is still widely practised in several Islamic states. There is no will or movement in Islam that we are aware of to change Sharia law to abolish slavery and that such a movement is most unlikely to occur as Muhammad kept slaves himself and the Qur'an itself says that captured women may be used as sex-slaves:

[Quran (33:50) - "O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those (slaves) whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee" Also Quran (23:5-6) , Quran (4:24) , Quran (8:69) ]

Fatwa: https://islamqa.info/en/20802

Blog: http://abdullahsameer.com/blog/does-islam-allow-sex-with-female-captives-of-war/

The critics have also implicitly endorsed the principle of Sharia hadd punishments (Stoning, flogging, amputation) provided correct [Islamic] procedure has been followed. That these senior figures of Islam, many in the West, who purport to be moderate implicitly endorse such punishments rather than flatly rejecting is troubling.

The most troubling aspect however is that a multitude of senior Islamic figures are unable to make clear and unambiguous case against Islamic jihad and an Islamic caliphate that all, Muslim and non-Muslim alike, can clearly understand. The truth is that this letter appears to be mostly a public relations exercise designed to quiet growing Western fears regarding Islam. To that end, this letter is just another example of 'jihad by the pen' and one our governments have been quietly complicit in since 9/11 as this white paper on Reversing the Ostrich Complex makes clear.

As the article from 2013 by Tom Holland says - “It is not enough to engage with the jihadis solely on the battlefield. They must be defeated as well in mosques, and libraries, and seminar rooms. This is a battle that, in the long run, can only be won by theologians.” On the basis of this very serious effort by these Muslim critics of ISIS, we appear to be a long way from that happening, if indeed that case can be made in any unambiguous way?

Author(s):

Summary: 

Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

Noting that the Welfare Party had pledged to set up a regime based on sharia law, the Court found that sharia was incompatible with the fundamental principles of democracy as set forth in the Convention. It considered that “sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it”. According to the Court, it was difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverged from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervened in all spheres of private and public life in accordance with religious precepts.

ECHR Judgement Summary: "sharia law is incompatible with democracy and human rights"

Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

Country: 
Denmark
News Date: 
01/04/2018
Summary: 

They come as "refugees" and then want to impose Sharia laws of Islam. People in Denmark are starting to wake up, they take to the streets to protest against Sharia laws.  On the other hand, Muslims (immigrants and refugees) take to the streets waving Jihadi flags and calling to impose Sharia laws in Denmark. 

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: 
United Kingdom of Great Britain and Northern Ireland (the)
News Date: 
28/10/2008
Summary: 

A gang of five men beat a Somali teenager to death because of a row over Muslims drinking alcohol, a court heard today. Ahmed Mohammed Ibrahim, 17, was repeatedly hit across the head with a samurai sword, baseball bat, machete and metal pole after being chased in Sefton Park, Liverpool, in March this year.

Country: 
United Kingdom of Great Britain and Northern Ireland (the)
News Date: 
23/02/2018
Summary: 
  • Justin Welby said Sharia law should never become part of the UK legal system
  • His predecessor Lord Williams had said Sharia law could be incorporated
  • Welby said British law had 'values and assumptions' rooted in Christian traditions
  •  
Summary: 

“It’s culture, not religion” is a phrase often used to explain away problematic practices common in Muslim countries and communities. Sharia is Islamic law that has influenced societies with different languages, cultures, histories, and interpretations of Islam. In the face of a worrisome incident, many Muslims believe that Islam has been misinterpreted, while others believe it agreeable to Islamic teachings. Is it accurate to say that the negative aspects of Sharia are not based on Islamic teachings, that the negative influences are primarily external to religion?

To answer this truthfully, one must go to the Islamic religious texts. Sharia is derived primarily from the Quran and hadith. The Quran is the holy book of Islam, believed to be the literal word of God. It is believed to have passed verbally from the angel Jibril (Gabriel) to Muhammad, the prophet of Islam, who then relayed it to his followers over the course of two decades. It is the ultimate authority in Islam, traditionally believed to be a guidance for all times. A hadith is a report that describes the actions of Muhammad and his followers. They are important in understanding the Quran as they supplement many of its verses, and have played an essential role in the development of Islamic jurisprudence. The hadith are second only to the Quran.

The importance of hadith is in its practical application. For example, the Quran instructs Muslims to pray, but does not clearly specify how or how often. The Hadith gives instruction on not only how to pray, but clarifies that Muslims must pray five times a day.[1] Individual hadith are classified as (1) sahih (“authentic”), which is the highest classification, (2) hasan (“good”) or (3) da’if (“weak”). The classifications are based on how credible the hadith collectors found the chain of narration, tracing the chain to the originator of the content of the report. Unless otherwise stated, all of the hadith we use for this article are sahih hadith. Still, one should spend a moment deliberating that all of the hadith, including those classified as weak, are from Muslim sources, favored towards Islam. Finally, this article also looks at tafsir (the exegesis of the Quran) to provide more context to certain verses.

We will look at verses from the Quran and hadith on four subject areas: women’s testimony, torture, slavery, and jizya, the special tax required from non-Muslims. This article is by no means a comprehensive list of controversial topics related to Islam, but it is meant to provide a basis of understanding some influential writings in authoritative Islamic sources regarding these topics.

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