Sharia Law

[Shipwack]

I posted a Texas abortion law meme on Facebook. A friend commented that Texas was enacting Sharia law. A Muslim friend replied “Sharia law allows abortions in the first three months…”

[everyonematters]

1. Several states have passed laws banning Sharia Law. Does anyone know

if any person has ever been indicted or convicted for it? In my view it is unconstitutional, discriminatory and impractical. I'll bet the answer is zero. The ban on Critical Race Theory is similar, in that it came about out of hysteria.

[LeftInTX]

3. Sharia Law would fall under civil statutes, so no one would be indicated

Last edited Tue Sep 7, 2021, 04:28 AM - Edit history (2)

In civil disputes, it means that Sharia Law cannot be imposed by civil courts and that contracts based on Sharia Law may not be valid.

In parts of the US that "accept" Sharia Law, it can't contradict actual law. Places that have "banned" Sharia Law are mostly making a statement...
I really doubt that many contracts in the US would be 100% Sharia. My grandparents never used credit...ever..They never borrowed a penny in their lives. They paid cash for their house, but that was years ago. They were in their 70s when they bought the damn house! They saved up their entire lives! But they also had dirt cheap rent.
Nowadays everyone borrows money and it's hard to avoid using a real credit card.

No money lending: since the transaction of credit card is based on trade (Bai'), the element of usury will be eliminated from the loan transaction that is applied in the conventional money lending.
No compounding of profits: profit margin for the cardholders is fixed for the whole period (between 35 and 60 months) and the profit is charged based on the remaining balance. The profit is calculated on a monthly basis, based on a outstanding due or monthly total transactions.
Control on transactions/merchants: islamic credit card users are allowed to carry out only halal, or shariah compliant transactions. Declined are transactions for six categories of non-halal related activities, including bars, discos, night clubs and gambling.
The choice of the mode of payment is conditioned by an ethical and religious attitude.
The behavior of the islamic credit card user will be different from the one who is holding a classical credit card as he would not be able to live above his means.
Restrictions given wth the islamic cards are based on an ethical approach while conventional cards allow to use the card for any purchse of product and services including gambling.
Globally spoken, a significant difference between the two cards is that the islamic card provides with a better protection against major financial finance crisis finance because of a strict and severe restriction as to speculation and over-indebtedness

Also in areas that have "banned Sharia law"...keep in mind, the ban is mostly symbolic. Courts, especially civil courts do take cultural differences into account.

Likewise, there is also Jewish Law here in the US. Once again, whether it is practiced or not may depend on which state you live in.

https://bethdin.org/
I believe about 10 years ago, there was some scandal with rabbanical law and divorces. I believe the husbands were not giving their wives divorces..It was a really weird thing and they were gaming the system. https://bethdin.org/gittin/
https://en.wikipedia.org/wiki/New_York_divorce_coercion_gang

The investigation revealed that unhappy Orthodox Jewish wives who wanted a divorce were paying $100,000 to the rabbis. In exchange, the rabbis would facilitate divorce, frequently by hiring armed thugs kidnap the husbands and beat them until they agreed.

A situation like this probably would not exist in rural Texas, but it can happen in New York where rabbanical law is often mingled with civil law.

[LeftInTX]

4. More info here:

With the focus in recent years on the issue of Sharia in the United States and other parts of the world, many myths and half-truths have arisen around the topic. The following are a series of questions and answers about Sharia in the United States, including a look at what exactly Sharia means and encompasses, and the background of the Anti-Sharia movement. The answers are revealed by clicking on each question and concealed by clicking on the question again.

Religious worship and ritual: Muslim Americans practice their acts of worship (prayer, fasting, pilgrimage, etc.) or rituals in the same manner as people of other faiths.
Private social interactions (marriage, business, etc.): All religions have rules for marriage and ethical economics. These are private and voluntary, so Muslim Americans follow Islamic standards for these within the limits of American secular law. For example, civil law prohibits having more than one wife, so Muslim Americans must abide by this law (since Sharia recommends monogamy, this isn’t a problem). There are other aspects of marriage laws such as the mahr (gift from the husband to the wife) or the religious marriage contract which Muslims do observe. Since the Constitution allows such practices for all religions, it is also acceptable to practice this aspect of Sharia in America.
Public law issues (criminal law, war and peace, etc.): These have no application in the U.S. Islamic scholars formulated rules in this area for Muslim-majority societies in other historical situations. But Sharia requires Muslims to obey “the law of the land” of the country they live in. The “law of the land” in the U.S. is the Constitution. Sharia requires Muslim Americans to support and follow the Constitution in all matters related to public law. Most aspects of Sharia are not meant to be government-enforced, because Sharia is largely a matter of conscience

Some people falsely equate Sharia with criminal or huddud laws, which are centuries-old specific punishments for major crimes such as killing, adultery, or theft. Huddud laws are only a tiny part of Sharia and can only be applied by an Islamic state; it is questionable if any of the nations claiming to be “Islamic states” actually fit that description morally or structurally, so these laws are generally not applicable in a modern context, let alone in the U.S. Unfortunately, the misapplication of these laws by the Taliban or other contemporary groups or governments generally contradict both the letter and spirit of Sharia and have given it a bad name.

Ten states prohibit the use of foreign law in their state courts, which is another way that they have worked to ban Sharia without appearing to discriminate against Muslims. These states are Alabama, Arkansas, Arizona, Louisiana, Kansas, Mississippi, North Carolina, Oklahoma, South Dakota and Tennessee4.

https://ing.org/a-closer-look-at-sharia-in-the-united-states/

https://www.americanprogress.org/wp-content/uploads/issues/2011/03/pdf/sharia_law.pdf

Keep in mind that we have freedom of religion in the US. States cannot ban hijabs or burkas etc. States cannot ban religious practices. They cannot force someone to eat or drink while the sun is up during the month of Ramadan etc.

I was looking at the Satanic Temple, who are stating that abortion is their "sacrament", but these groups have not been successful in efforts to overturn current abortion restrictions. My hunch is that freedom of religion does not allow one to supersede certain laws. For instance, polygamy is outlawed in the US.

There is also the Church of Cannabis in Indiana: The legal status of the Church of Cannabis' use of marijuana in a jurisdiction where it is illegal, but the Religious Freedom Restoration Act holds, has been debated by legal experts. The Supreme Court case set forth certain criteria in U.S. v. Meyers that may or may not match fourteen criteria listed by the Internal Revenue Service in granting tax-exempt status.[11][12] Several days after its first service, the Church sued both the state of Indiana and the city of Indianapolis, claiming that the present marijuana laws infringed on their religious beliefs.[13] This case was dismissed on summary judgement[14] and again on appeal.[15] So there's that.

I was gonna say something else, but my brain ain't working..LOL Getting way off topic. Mainly since the original thread is about Sharia Law and abortion.

[Tanuki]

2. Interesting...I did not know that. I looked it up to learn more abd found this:

https://www.washingtonpost.com/religion/comparing-texas-abortion-ban-to-islamic-law-is-inaccurate-perpetuates-islamophobia-experts-say/2021/09/03/eaf8cd8a-0d14-11ec-a7c8-61bb7b3bf628_story.html

..."Meanwhile, under Islamic law, the majority of medieval Muslim scholars allowed women to terminate a pregnancy before 120 days, said Abed Awad, a Rutgers adjunct law professor and national expert in Sharia/Islamic law.

“Scholars in the medieval period looked at the theological conception as the start of life as opposed to a scientific conception as a start of life,” Awad said. These scholars, from a theological perspective, came to terms with the idea that a fetus is not ensouled at conception, rather 120 days after the fact, he added.

“For that reason, the termination was not a termination of a life,” Awad said. “Of course there were disagreements, with some scholars giving different dates, but the majority takes this position.”

These scholars —  like Ibn Hajar, Al-Qurtubi, and Ibn Aqil — are consulted and cited by modern Islamic theologians, he said.

While opinions vary over when a pregnancy can be terminated, there is no complete ban on a woman’s right to end a pregnancy under Islamic law, experts say. Awad said this kind of misinformation marginalizes and dehumanizes Muslim Americans and Islam."...(more)