Shari’ah Law: What’s Old is New by Frank Wuco
When sentenced in a federal court earlier this month for his failed attempt to
detonate a powerful car bomb in New York City’s Times Square, Pakistani
immigrant and Muslim militant, Faisal Shazad made a statement that many found
disturbing in its matter-of-fact delivery. Given opportunities to speak at
various times during his sentencing hearing, Shazad made clear his low regard
for civil and criminal law, particularly U.S. civil and criminal law. In his
estimation, U.S. law should be regarded as a man-made construct that lacks any
authority to direct the behavior and conduct of Muslims. In his own words,
Shazad said,
“How can I be judged by a court that does not understand the suffering of my
people?”
And then,
“We do not accept your democracy or you freedom because we already have Shari’ah
and freedom.”
Shari’ah and freedom. To varying degrees, perhaps less as we go on, Americans
understand the concept of freedom and in fact may be comfortable with it to the
degree that they take for granted how much of it they possess and how much of it
they may be losing. What about Shari’ah, the other object of his statement? What
do we really know of Shari’ah? Even more incredible to our sensibilities and
concepts of law and religion, was Faizal Shazad right? Should, in the mind of
right-thinking Muslims, Shari’ah stand separate and above any other form or
concept of civil or criminal law? The simple answer, from an Islamic perspective
is, yes.
Let us first answer the question, “What is Shari’ah law?” While the simple
answer is, “It’s Islamic sacred, or Muslim, law,” that is the answer as it might
be written on a 200 question multiple-choice test on world religions. It’s a bit
more complex that, but not much.
Shari’ah law, or Sacred Islamic Law, is derived from two basic, in fact the two
basic, Islamic sacred texts, the Qur’an and the Hadith. By now, most of us
understand the Qur’an as the holy book of Islam. During my presentations on
jihad, I ask my audiences if they know what the Qur’an is, they often reply,
“It’s the Muslim Bible.” Well, sort of, but only. In Islam, the Qur’an is
differentiated from the sacred texts of Judaism and Christianity in several key
areas.
First, unlike the Jewish and Christian scriptures, the Qur’an is not a
collection of books, traditions, historical accounts, and revelations collected
over 30+ centuries. It is a single series of revelations handed down by God
(Allah) Himself, directly to he whom Muslims claim is the final prophet of all
history, Muhammad. These revelations were told to Muhammad by the Archangel
Gabriel and serve as the final prescription for the salvation of all humanity
until the end of times. They do not complement or complete the prior revelations
of the Old and New Testaments of the Bible, they abrogate them; correct and
erase the corruption of the Jews and the fabrications of the Christians. The
Qur’an renders null-and-void all scriptures that came before, just as Islam
renders all prior faiths untrue. Thus, there is no reconciling Islam to Judaism
and Christianity, or the scriptures of the Jews and Christians to the Qur’an.
Next, there is the hadith. These are the customs, habits, sayings, and
traditions of the prophet of Islam, Muhammad; believed by Muslims as the only
true apostle of God and the final (or “Seal of”) all prophets before Moses,
Isaac, Abraham, and Jesus, too (to the Muslims, Jesus is just another prophet;
not the Son of God). Simply put, the hadith are records of what Muhammad’s
companions recalled of the things he said about all host of issues, from using
the bathroom, to praying, to washing, eating, marrying, bequeathing inheritance,
and to fighting unbelief through jihad. Many American Christians wear leather
bracelets that read, “WWJD?” What Would Jesus Do? In Islam, the question “What
Would Muhammad Do?” is answered by referring to the hadith, not necessarily the
Qur’an. Among the strongest collections of hadith, those with the greatest
veracity and authority are the Hadith Sahih of Imam Muslim and of al-Bukhari.
The 9th Century Islamic jurists, Imam Muslim and al-Bukhari are regarded as the
two most authoritative collectors of hadith. They collected, sorted, and
compiled the traditions of Muhammad according to interviews with relatives and
followers of Muhammad’s closest companions. The word “sahih” implies that these
are the strongest and most reliable collections of hadith. In fact, the Hadith
Sahih of al-Bukhari is, after the Qur’an, considered the most sacred collection
of texts in Islam and it is used almost exclusively, together with the Qur’an
for formulating shari’ah law.
So, from these two sources, the Qur’an and the Hadith, are drawn the
instructions and prescriptions for all facets of life, conduct, and law, for
both individuals and the community as a whole in Islam. To the Muslim, having
been drawn from the Qur’an (the direct, undiluted “Word of God”) and the Hadith
(the customs, habits, and sayings of God’s final prophet, Muhammad, the most
perfect man ever created), shari’ah is the law of God (Allah), delivered to all
of humanity 1,400 years ago! It is complete and addresses all issues personal,
spiritual, communal, criminal and civil. It is final. It abrogates all law that
came before and trumps all attempts at man-made law that came after. For how can
laws created by men and women be superior to the laws for all of humanity, until
the end of time, given by God (Allah) Himself?
So, in the mind and heart of a right thinking Muslim, when criminals like Faizal
Shazad say things like,
“If I am given a thousand lives, I will sacrifice them all for the sake of Allah
fighting this cause, defending our lands, making the word of Allah supreme over
any religion or system,” he is right, according the laws of God, undiluted and
pure.
When his brothers and sisters in jihad kill in defense of Islam and shari’ah,
their victims have not only gotten what they deserved, by the will of God, they
will then suffer an eternity of pain unimaginable in hellfire. To Shazad, his
sufferings in the Supermax Federal Prison in Colorado will be only temporary and
rewarded with an eternity of delight and pleasure in heaven. Such is the belief
system that proponents of shari’ah desire to see spread the world over, America
being no exception.
Frank Wuco is a retired Naval Intelligence Officer and former Chief of the U.S.
Central Command Red Team. He is President of the consulting firm Red Mind
Solutions. For more information, visit Frank at www.redmindsolutions.com