In the Name of Allah, the Most Beneficent, the Ever Merciful

M S A  @ drew university

happy star!!! Amina Lawal

26 September 2003

The Muslim Students Association and Islamic Culture Theme House hail the decision of an Islamic court in Nigeria to overturn the conviction of Amina Lawal who was sentenced to be stoned to death for allegedly engaging in sex outside of marriage. The panel of five judges cited procedural irregularities that contravened Islamic as well as secular legal principles. While this case does not resolve the existing controversy about whether Shariah and more specifically Hudud punishments (amputation, flogging, stoning) should be institutionalized in Nigeria, it does highlight the fact that an Islamic legal system is capable of ensuring justice for the accused.

In its substance and in the name of the court issuing it, the opinion was based on Islamic legal rules. This is crucially important for both Muslims and non-Muslims to keep in mind.

Muslims need to be aware that this overruling does not represent some sort of secular dismissal of Islamic law and values. Rather, it is an internal Muslim legal review of the accuracy and propriety of punishments carried out in the name of Islam. Those inclined to protest the decision as "un-Islamic" must consider whether they oppose the result or oppose the reasoning leading to the result. Both issues upon which the acquittal were based are core issues of Islamic criminal justice, namely, the willingness of the confession and the possibilities of gestational period known in Islamic law as the "sleeping fetus doctrine".

For non-Muslims this case challenges presumptions that Islamic criminal law inherently and always violates western human rights norms. As illustrated by the Lawal ruling and earlier adultery cases in Nigeria, there are numerous safeguards within Islamic jurisprudence to empower the law to serve the greatest public good. Indeed, in Hudud cases, the overriding principle has always been to avoid punishment if there is any indication of doubt -- a principle successfully upheld in this most recent case. All those concerned about the oppressive impact Islamic law may have in Muslim countries should praise this ruling, and be happy that it issued from a court sworn to uphold Islamic law.

When global human rights activists oppose the idea of Islamic law altogether, this only serves to create extremist opposition to what is perceived as a new colonialism. This is why, in the midst of international human rights appeals for action to help Amina Lawal, her own lawyers pleaded with the world to stop the international secular pressure, as it only made their appeals to the Islamic courts more difficult. Rather than blanketly opposing Islamic law as a whole, we look forward to the day when well-meaning activists learn to be more specific in their concerns, identifying the exact impact of Islamic law which concerns them, and work with Muslims utilising Islamic jurisprudential tools to correct the injustice. Maybe, when that day comes, they will also see those aspects of Islamic law which actually empower women and men.

The real challenge for any government wanting to impose Shariah is that the details of the law (both the spirit and the letter) must be adhered to so that, as Shariah mandates, the rights of all citizens, regardless of their religion, are upheld and respected at all times.


 

happy star!!! An Open Letter to President Bush

10 March 2003

Dear Mr. President,

We wish to add our voice to the rising national and international chorus which stands in opposition to the proposed war on Iraq. As American Muslims, we feel that such a war would be detrimental to America, to the Muslim world, and to the future relationship between the two for centuries to come.

Of course, Saddam Hussein stands as accused, a vicious dictator who is a bane to his people. However, for better or worse, Iraq remains a sovereign nation. The precedent of a preemptive war which tramples this sovereignty, without a prior direct attack on us, or the imminent threat thereof, is one which the international community has resoundingly rejected, despite immense diplomatic pressure from the United States. This alone should be sufficient grounds to reconsider the policy of war.

A more focused analysis suggests that the current policy raises several serious concerns:

1. War, as a general principle, should be a last resort against an evil of such obvious magnitude that most citizens would immediately recognize the need for war, such as the Holocaust, the attack on Pearl Harbor, or the genocide in Bosnia. All polls thus far, even those which show a majority or plurality of opinion in support of the war on Iraq do not approach the near-unanimity of opinion needed before we launch an offensive that kills innocent human life.

2. A policy of war against Iraq at this juncture will be viewed by most of the international community as an act of hypocrisy given the more conciliatory stand we have taken toward North Korea. Kim Jong Il not only is clearly intent on manufacturing weapons of mass destruction, but has overtly threatened a nuclear conflagration. Yet, you regard him as a less imminent threat, and you have suggested that the North Korea issue is actually a regional, rather than an international problem, and you have proposed taking more time to explore diplomatic solutions.

3. A further question of hypocrisy among the international community arises in the face of your continued statements that war against Saddam Hussein is necessary to maintain the legitimacy of the United Nations, since the Security Council has issued a direct resolution which he may be violating. It is somewhat ironic that between 1948 and 1991, 26% of all Security Council meetings dealt with the Arab-Israeli conflict, and of the 175 resolutions passed on this issue in that time-frame, 97 were against various Israeli policies and actions, including attacks on Jordan, Syria, Lebanon, as well as human rights violations against the Palestinians, among which were direct violations of the Fourth Geneva Convention. As you well know, many more resolutions would have been passed were it not for the United States veto power. As you also know, most or all of these resolutions have gone unenforced. Are we ready to attack Israel so as to maintain the legitimacy of the United Nations Security Council?

4. We believe that the policy of war will serve only to radicalize the region, increasing the chances of acts of terrorism against our country. Even a cursory look at recent international demonstrations reveals that the policy has already created quite a gulf between us and many of our own close allies.

5. Part of our professed justification for this war is concern for the Iraqi people. It seems, however, that if Saddam Hussein disarms, he would be left alone to continue his rule. How is this consistent with our professed concern for the people of Iraq? Furthermore, our policy of sanctions since 1990 has, according to UNICEF estimates resulted in the death of 500,000 Iraqi children for lack of food and medicine between 1991 and 1998. If we have genuine humanitarian concerns for the suffering of the Iraqis, we should, at the very least, repeal those policies which have so clearly devastated innocent people without affecting Saddam Hussein.

Our recommendation is that the United States treat the Iraqi issue as a regional problem as well. Our allies in the Middle East should be encouraged to do their utmost, with our help, to aid the many known indigenous democratic movements within Iraq. With our help, as well as the help of our allies, these groups are capable of toppling Saddam Hussein and reclaiming their country. By so doing, we would earn the genuine gratitude of the Iraqi people, as well as the respect of our allies both within the Muslim world, as well as the international community at large because we would be acting according to the best principles of America.

The Muslim Students Association and Islamic Culture Theme House of Drew University (Madison, NJ)

 

 

Allah, the Beneficent & Merciful - in Arabic Calligraphy

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