Alexis de Tocqueville Quotes

Egyptian law prohibits anyone from assaulting anyone else. Under this provision for example a man who has beaten his wife senseless, has not committed a crime if he was disciplining his wife which is allowed under Islamic law. This Article allows Egypt to pass all kinds of modern laws, none of which will apply if the transgressor claims his rights under Islam.

Theological & Legal Expert. The Sunnah, like the Koran, has statements of the Prophet, Mohammad. A fatwa is a religious legal ruling. This particular Fatwa shows the great difference between the Islamic State and a Republic or Democracy. In the latter forms, any religious practices must be consistent with the Constitution. Even though blasphemy might be prohibited by a religion, the United States Constitution for example protects anyone’s right to be blasphemous. In the Islamic system any constitution or law is subservient to and must be consistent with, the sayings of the Prophet Muhammad. In that sense, unless the Muslim populated nation is secular like Turkey, then the governments are partial or total theocracies.

The last Caliph of the Muslims was removed in 1924 as part of the Turkish Reform. The position has had attraction for many Muslim leaders who saw themselves in the role, but since 1924, nationalism and modernism and the lack of an effective international Muslim leader has precluded it. This anti-revolutionary sentiment of the Islamic political state that is so traditional, may in part account for the Islamic tolerance of autocratic regimes. Note that the distinction between religious responsibilities and civil are important. Tyranny must be tolerated but not blasphemy or heresy. Traditional Muslims provide more tolerance and forbearance for a leader’s civil failings than religious. But Muslims were not the only people to do this. A British prime minister had a view with the same conservative logic. See {639130}. The ancient Jewish Macabean revolt against the Jewish king was all based on failure to perform required religious duties of sacrifice as opposed to tyranny and poor government which also existed. Popes excommunicated Kings for religious reasons, not because of their civil failures at governing. Holding rulers accountable for civil performance is a relatively new concept yet is indispensible in a modern democracy.

This is one of the early calls for a partition of India which was to be so disastrous after the Second World War. The “free Muslim state of states” turned out to be Pakistan where they have been fighting amongst themselves about how much Sharia would prevail.

This quotation illustrates the difficulty when a jurisdiction adopts an established religion. From a freedom point of view, it is bad that Hamas insisted on all these rules for Muslims, but when they insist that Christians (and others) follow them as well, it becomes very difficult to have a harmonious society.

They are so different that most people in the West think of what Khamenei describes as “religious democracy” as not even close to democracy—almost the antithesis of democracy, and Islamic fundamentalists perceive Western democracy as sinful and evil.

See {617160} for a similar legal opinion. The concern was that poor Muslims may desert their faith when they see how well-dressed the tolerated people, Christians and Jews, are. They might conclude that Christianity or Judaism is better at making people wealthy than was Islam. See {617162} for a Koranic support of the idea. The Western view of this is generally, that is what the marketplace of ideas is all about. In 21st century America, Jews and Mormons on the average were the wealthiest religious groups. The logic of al-Ramli is that Mormons and Jews—each only 6 percent of the population—should not be allowed to show their wealth, lest Roman Catholics for example—25 percent of the population—will convert from Catholicism to the other two religions. From a democratic point of view, the response should be, we so be it. That is their choice. But America is the living proof that the assumption of conversion and loss of faith is per se wrong. The Mormons and Jews are visibly more successful, yet there are very few Roman Catholics leaving their church and converting to the two wealthier religions. There are some, but not at any greater rate than people convert from “wealthier” religions.

This is a very important point as most Muslims believe that the actual wording of the Sharia—Islamic Law—comes from the Prophet directly and are not the words of various legal scholars which is just what they are. Needless to say, there are many differences and even contradictions depending on time and the particular scholar. Islam however has no authority that religiously is higher than any other. In that respect, it is like Judaism. There is not a recognized religious hierarchy as there is in Christian churches.

Nasr Hamid Abu Zayd, 1943-2010, was an modernistic Egyptian Islamic Scholar and a Professor at the University of Cairo. One of his writings argued that the discriminatory tax that the Koran specified for Christians and Jews in an Islamic nation was not fair or consonant with modern thought regarding freedom of religion and the rights of minorities. Some fundamentalist were outraged and charged him with Apostacy for criticizing a Koranic prescription. He was convicted and lost his professorship. That was the least of his problems. Since he was an apostate, he was not a Muslim the Egyptian Courts ruled, and therefore his wife, a Muslim, could not legally remain married to her. His marriage was legally dissolved and he was threatened with death by fundamentalists forcing him and his wife to go into exile in Holland where he taught at the Utrecht University. He never returned.

Although Sharia specifies the death penalty for homosexuality, the practice appears to be as frequent in Islamic society as in the West. Although the penalty is very harsh, Sharia requires FOUR witnesses to the acts. This makes it almost impossible to convict two homosexuals.