I'm not sure just what to make of your post....I think your thesis got lost somewhere between your brain and the keyboard, largely because the post, though not as discursive as some I've seen on the forum, seems to talk around your central point instead of directly to it, as well as I sensed that it presents opposing ideas, thus making it hard to tell which you actually mean to espouse and advocate...That said, I think I have some idea of what you mean...I'm going to respond to some of the post and at the end, I'll posit what I think may be central point. Let me know if I got it right.
Though I've responded with regard to specific passages you wrote, please note that there is a fair amount of overlap between some of the ideas; thus they don't necessarily apply solely to the passage they immediately follow. I've attempted to organize my remarks so they are thematically coherent as a whole as well as being topically germane with regard to the specifically cited passages. The "colored" callouts, however, refer to the noted text only.
By drawing these comparisons between various Religious codes you are actually hurting the proposition that there is nothing especially "weird or unusual" going in Islam.. Because the DIFFERENCE IS --- The Sharia Law gets incorporated in the fabric of daily life in Arab cultures..
The idea of any ostensibly God given precepts being incorporated into or given comity with secular law isn't at all foreign to Americans, not in concept and not in practice. "Thou shalt not kill" is clearly a "God given" law, assuming one believes in God and what the
Bible says he's said. On the other hand, Americans, Christians and non-Christians alike, are equally familiar with Divine instructions that they daily ignore. One such example is the
Golden Rule, which in Matthew 7:12 is given to us in a context that specifically has Jews as the audience and in Luke 6:31, which is given with an assumed Gentile audience.
There is not a single Western culture where a Jewish man is prohibited from re-marrying his ex-wife or [where his wife is required to] divorce him for sexual transgressions. However -- the similar Sharia practice is ENSHRINED in many many places.
In America -- this is [a] matter between individuals and their RELIGIOUS authority. NEVER a matter of law. And the difference is I've never been aware of a Jewish movement to FORCE secular authorities to recognize their religious authorities to impose "laws" contrary to Civil codes.
Note:
Please let me know if my "correction" in brackets of your sentence is correct. The following remarks/questions with regard to the quoted passage assume it is.
Laws, secular and theologically derived, all have as their aims:
- Provide a structure for the creation and management of a society -- That is to say, the underlying premise of laws is that if everyone adheres to the laws, the society guided by those laws will indeed be a peaceful one.
- The establishment of a hierarchy that determines who, in various situations, gets to make and arbitrate the law.
Some systems, such as modern secular laws in the West attempt to extract the theological element from the letter of its laws while retaining the religious spirit that inspired it. A fine illustration of this is found in the arguments and legislation around several social topics, not the least among them the gay marriage and abortion. Indeed, that the very notion of marriage seems as much secular (property driven) as religious (sanctity of the pair bond). Moreover, marriage related laws, adultery prohibitions being one example, strike me as being as much about property as about piety.
Red:
Can you give some examples of what specific practice (divorce? -- is that what you mean, or do you mean that and other practices?), the practice's nature and extent, and where these many places are?
Blue:
To the extent that in citing sexual transgressions and given that this discussion deals with Muslims and Sharia Law, I presume that part of what you have in mind is adultery and the laws pertaining to convicted adulterers. In light of that, why did you neglect/opt not to copy-paste the brief discussion on Sharia and adultery from the very same article you referenced? That section relevantly to this thread's line of discussion re: Sharia Law is as follows:
Does Shariah really prescribe harsh punishments like stoning adulterers?
Yes, but many of these punishments have been taken out of context, abrogated, or require a near-impossible level of evidence to be carried out. For someone to be convicted of adultery, for example, there must be four witnesses to the act, which is rare. The Quran also prescribes amputating the hands of thieves, but (and this is often forgotten or unmentioned) not if the thief has repented.
Other Shariah scholars say such a punishment system can only be instituted in a society of high moral standards and where everyone’s needs are met (thereby obviating the urge to steal or commit other crimes). In such a society, the thinking goes, corporal punishments would be rarely needed.
That said, corporal punishments have been used by Islamic militant groups in places like Afghanistan, Somalia, and Syria, and governments in Iran, Saudi Arabia, the Aceh state in Indonesia and elsewhere.
The facts noted in that section are quite relevant for they give perspective to the nature of the outcry against Sharia Law obtaining comity in courtrooms as well as to the just how anomalous are the extreme/corporal punishments to which they object.
And while this is RARE in America for Muslims, it's been kicked out there as a proposal on a few occasions..
All this outcry is more something to talk about, rhetoric, than something to be concerned about, reality. I mean let's face it...If there are fundamental/militant Muslims in the U.S. who are of a mind and have the will and wherewithal to exact corporal punishment in accordance with Sharia Law, do you think they'd show up in a courtroom arguing (asking) for permission to do so? I sure don't. I am far more confident that they'd do what they want to do and hope not to get caught by the cops.
Now the actors in such an event may, upon appearing in court to answer for their deed, incorporate into their defense or, if found guilty, statements prior to sentencing, one or several notions of Sharia Law; however, that even isn't unfamiliar to Americans. It's merely that we aren't familiar with such pleas being made from an Islamic context; moreover, most Americans aren't familiar with Islam at all. Lastly, of course, there is the uniquely American dilemma derived from the difference between how we'd like to conceive the meaning of "peer" and who is indeed another's peer.
Let's take a look at some of the preceding ideas:
- Pleas for comity that we might be familiar with:
- An accused bigamist in court pleas for leniency or pleads not guilty to bigamy based on his/her Mormon or Islamic faith's teachings/beliefs. (As I wrote that sentence, a thought came to mind...Will You Be Denied U.S. Citizenship Based on Polygamy, Bigamy, or Multiple Marriages? | Nolo.com. U.S. bigamy and polygamy laws seem to me clearly at odds with one's freedom of religious practice rights.)
- A court clerk denies to males or two females a marriage licence because s/he says that doing so violates their dogmatic sensibilities. In response to their denying the licence, the clerk is taken to court and charged with failing to uphold "some law" or other (the specific charge is irrelevant). The court may rule in his/her favor or in favor of the couple.
- A pro-life advocate shoots and kills a doctor who performs abortions because s/he (the shooter) believes the doctor is a murderer and seeks in court to be viewed not as a vigilante, but as a protector of innocent life on the basis of one or several religious tenets s/he espouses.
- Unfamiliarity with Islam
- The nature of the plea for comity is no different than that of Muslims seeking the same thing, but using Islamic dogma as their basis rather than non-Islamic dogma. Furthermore, it's well within the court's discretion -- a jury or a judge -- to consider the religious factors as exculpatory to greater or lesser degrees when determining guilt/innocence and the nature/term of sentence if the defendant is found guilty.
Who among us hasn't encountered a situation wherein (assuming we had the authority to do so) we didn't grant comity to what we considered extenuating circumstances? There are plenty of instances in which everyone thinks and acts roughly as follows: "Yes, well, I can see she 'did it,' but she was 'raised in barn' and is 'dumber than the day is long,' so I'm not going to be so harsh in levying a penalty."
As go American Muslims, their Muslimness and whatever that entails is merely an extenuating circumstance. Most of us non-Muslim Americans don't understand a damn thing about Islam. We understand what we understand, most often the idea of faith and state being separate, except when we want the state to reflect the precepts of our faith, which historically, in the main, has been Christianity.
Well, we aren't a Christian nation, but the Holy See is. That notwithstanding, just as Christians no sooner care to have our actions "measured" from the point of view of Islam, preferring instead to have our actions and intentions assessed within a Christian or secular context, the same principle applies to Muslims. Which, naturally brings us back to the Golden Rule....
- What is a peer?
- We have in the U.S. the idea that one should be judged by one's peers, and a peer is, if nothing else, someone who is like oneself. In our nation that doesn't have formally defined ranks within the society, we live daily with the fiction that we are all equal. Well, in terms of the rights we are due, we are. In terms of understanding the motivations, desires and so on of one another, there is little that's equal among members of different identity groups, and Lord knows, we've seemingly got as many identity groups are there are stars in the sky.
Now this may seem strange to you, but to my mind, we should revise our legal system so that criminal trial juries are chosen after an initial plea and general line of defense has been announced. I care to here delve into the details of that beyond the following. If, say, one is a Jew and part of one's defense will derive from one's theological beliefs, then at least seven, but not all, of one's jurors should be Jewish because Jews will understand better than anyone else what the defendant is "getting at" with the Jewish teachings portion of his/her defense.
Sure, as a non-Jew, I can likely achieve an intellectually robust understanding of the concepts presented in the defense, but I won't ever be able to relate them to what it means to live those concepts. Admittedly, that's not going to apply to all concepts of Jewishness, but for those that it does, I just never will "get it." In that regard, I'm not a peer of the Jew who might be on trial. I'm their equal in every way, except in terms of understanding "where they are coming from."
Similarly, I wouldn't care to sit in judgment of an accused whose background is radically different from my own. Nor would I care to be judged by folks whose backgrounds are very different from my own. I'm okay with being among the minority of dissimilar folks, but the idea that I'd have to pass judgment on someone whom I really have no way to understand seems very unfair to both me and the accused.
It seems much the same to me re: Muslims. I think at the very least, we owe to a Muslim on trial the same basic degree of comity that I've described re: a Jew above. I would apply the same principle to blacks, gays, whites, Christians, animists, Atheists, etc. if that person is going to raise their identity group affiliation as part of their defense.
Really don't NEED to become a religious scholar to see where the REAL PROBLEM exists. THIS ---- is the center of the storm in America about sharia law.....
Sharia Law In The USA 101: A Guide To What It Is And Why States Want To Ban It
(RNS) North Carolina lawmakers on Wednesday (July 24) approved a bill to prohibit judges from considering “foreign laws” in their decisions, but nearly everyone agrees that “foreign laws” really means Shariah, or Islamic law.
North Carolina now joins six other states — Oklahoma, Arizona, Kansas, Louisiana, South Dakota, and Tennessee — to pass a “foreign laws” bill. A similar bill passed in Missouri, but Gov. Jay Nixon vetoed it, citing threats to international adoptions.
Green:
Okay, I have to be frank here...The above section of your post struck me as incredibly disingenuous and as
a gross misrepresentation of both the letter and spirit of the article you cited. Your snipping and pasting left out much of what that article said as well as failing to include what the theme of the article is.
When I read what you've pasted in black bold text (readers will need to click back to the quoted post for I've truncated it solely for brevity's sake), I got one set of meanings and tone. When I read the actual article, I got a very different one. Indeed, the tone, theme and timbre are so different that I find myself questioning your polemical integrity.
So what's really happening in these threads is that folks you call "right-wingers" are actually taking the side of KEEPING govt in America secular. So hit them up on hypocrisy -- but don't try to tell the ISSUE does not exist because "all religions" do it..
So this is where I finally thought I may understand what you are saying (trying to say) with your post. Are you attempting to argue that "right wingers" aim to keep religious considerations out of the law in the U.S. and that they want to do so with regard to all religions, not just Islam?
If that is the point you've sought to make with that post, I have to ask you this.
- xxxxxxxxxxxxxxxxxxxxxxx
- Surely you don't think that conservatives propone and propose many of the stances and legislation they do based on principles other than faith-based ones?
- Did the very existence of the Evangelical movement in the U.S. escape your purview?
- Has not come to your attention that Ted Cruz spent the majority of his campaign attempting to assure voters that he would incorporate his theology into his policy making?