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Valid Reasons Why Sharia Law Cannot be Compared to Jewish Law…….

David Yerushalmi takes the time to pick apart, piece by piece, the misguided notion that Sharia law is as benign as Jewish “Halachic” law. In fact Yersushalmi proves it to be a disingenuous claim as well, and that it should not be given any state recognition whatsoever. The mediaeval Islamic system has no place in the 21 century. Period. KGS

DY: To begin, by Shariah we mean the authoritative and authoritarian corpus juris of Islamic law as it has been articulated by the recognized Shariah authorities over more than a millennium. The term Shariah as used herein, therefore, does not refer to a personal, subjective, pietistic understanding of the word or concept of Shariah.

This latter understanding of the word Shariah is closer to its literal meaning in Arabic without any of the legalistic connotations it has developed as an authoritative institution in Islamic history; as it is currently practiced in such countries as Iran, Saudi Arabia, and Sudan; and as it is meant when referred to in the various laws and constitutions of most Muslim countries.

As you know, I have written extensively on the question of the practice or advocacy of Shariah by Shariah authorities as a violation of the primary federal sedition statute (i.e., 18 U.S.C. § 2385) on the grounds that throughout the long 1200-year history of the development of Shariah, and across all five major schools of Shariah jurisprudence, five salient facts are embedded in a deep consensus among all authoritative Shariah authorities:

[1] The telos or purpose of Shariah is submission. Shariah seeks to establish that Allah is the divine lawgiver and that no other law may properly exist but Allah’s law.

[2] Shariah seeks to achieve this goal through persuasion and other non-violent means. But when necessary and under certain prescribed circumstances the use of force and even full-scale war to achieve the dominance of Shariah worldwide is not only permissible, but obligatory. The use of force or war is termed Jihad.

[3] The goal of Shariah is to achieve submission to Allah’s law by converting or conquering the entire world and the methodology to achieve this end (by persuasion, by force and subjugation, or by murder) is extant doctrine and valid law by virtue of a universal consensus among the authoritative Shariah scholars throughout Islamic history.

[4] The doctrine of Jihad is foundational because it is based upon explicit verses in the Qur’an and the most authentic of canonical Sunna and it is considered a cornerstone of justice: until the infidels and polytheists are converted, subjugated, or murdered, their mischief and domination will continue to harm the Muslim nation.

And,

[5] Jihad is conducted primarily through kinetic warfare but it includes other modalities such as propaganda and psychological warfare.

Much of my work in this area has drawn upon original Shariah-based works and the academic scholarship relating to that body of work, but also includes the scholarship of others. I especially owe much to Stephen Coughlin (Major U.S. Army Reserves, military intelligence) and his work for the Joint Chiefs while assigned to USCENTCOM.

Because Jihad necessarily advocates violence and the destruction of our representative, constitution-based government, the advocacy of Jihad by a Shariah authority presents a real and present danger. This is sedition when advocated from within our borders; an act of war when directed at us from foreign soil.

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