Thursday, August 6, 2009

Why Islamic Law is the Antithesis of Equal Justice

Flogging

By Daniel Greenfield

In Sudan a dozen women were sentenced to be flogged for wearing pants. Some of them were Christian, but that has never really mattered, as the essential premise of Islamic law is that it is inherently superior to every other law. Naturally no men have ever been sentenced for wearing pants. That is a law that applies only to women, because there is a fundamental difference between Islamic law and Western law, not simply in morality or structure-- but in equality.

A Muslim man will never be sentenced to be flogged for wearing pants, just as a Muslim Imam will never be tried for blasphemy no matter how many ugly things he says about Hindusim, Christianity, Judaism or Buddhism. Blasphemy is a charge that is meaningful only in relation to the doctrine that is at the heart of Islamic law, that is Islam itself.

Islamic law is law made by Muslim men for the benefit of Muslim men, and the detriment of everyone else. It is the product of an inherently unequal system, designed to perpetuate that system.

Under it non-Muslims are inferior to Muslims because by rejecting the "truth" of Islam, they cast doubts about their moral fitness. A non-Muslim is an infidel who drinks alcohol, eats pork and has forbidden sexual relations. As far as Islamic law is concerned he is already of poor moral character and a criminal.

Women are inferior to men, as they are lower in status than men. When Mohammed declared, or was said to declare in Islamic scripture, that, "I also saw the Hell-fire and I had never seen such a horrible sight. I saw that most of the inhabitants were women", he was articulating the top down theology of a cult that defined sinfulness in terms of position of tribal power. Therefore in the Mohammedan vision of hell, the underworld was to be populated mostly by women for their ingratitude to their husbands, who under Islam were also their masters. And slaves are defined as moral to the degree that they serve their masters.

Under the circular logic of Islam, women are second class citizens because they are untrustworthy, and untrustworthy because they are second class citizens. This makes women automatically suspect of all sorts of things.

It is why a woman who was raped is more at fault than the man who raped her. In the Islamic worldview, which is itself a carryover of Bedouin tribalism, a rapist has taken someone else's property.

By contrast the woman who was raped was careless with the property of her husband or her father. Whether the woman had consensual sex or was raped does not matter very much, because in either case she is only property that was damaged. Not a human being. The honor killing is simply a male relative or spouse destroying what Islamic tribalism considers to be "damaged property". Her consent is not considered significant, because Islamic law does not take the agency of a woman seriously, or treat her as competent to make decision on the level of a man in the first place.

It is why the woman is always at fault. While Western jurisprudence considers diminished capacity to be an extenuating circumstance, Islamic jurisprudence considers it to be a statement of guilt.

That is because Western jurisprudence presumes innocence, while Islamic jurisprudence presumes guilt. The lower the role, the more readily the presumption of guilt is applied. Since Islam treats all people as inherently sinful, and therefore perpetually guilty, the higher the form of awareness, the more likely the Muslim is to avoid sin. A Muslim mam has more agency than a woman, and is more likely to do the right thing. A Muslim woman is considered to have less agency, which is why she must have a husband to master her, and why Islam considers her more likely to be at fault.

Like slaves, women can only demonstrate their worth through submission to their masters. Muslim men in turn can only demonstrate their worth through submission to the will of Allah as expressed by the Imams. Since the core of Islamic law is held by Arab Muslims, they effectively serve as superior to non-Arab Muslims. And throughout it all, one thing is missing. Equality under the law and equal justice for all. Read more here ...

Source: CFP



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