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MLK Muslim Student Association Introduction Sharia – Islamic law that influences most Muslim countries. Some interpretations are used to justify cruel punishments such as amputation and stoning as well as unequal treatment of women in inheritance, dress, and independence. The debate is growing as to whether sharia can coexist with secularism, democracy, or even modernity. What is Sharia? Sharia – meaning “path” in Arabic - guides all aspects of Muslim life including daily routines, familial and religious obligations, and financial dealings. Controversy: Punishment and Equality under Sharia In sharia, there are categories of offenses: offenses to which are affixed a specified punishment (hadd); those for which the punishment is at the judge's discretion (ta'zir); those offenses in which a form of retaliatory action or blood money is inflicted against the perpetrator or his kinsmen by the victim's kinsmen (jinayat); offenses against the public policy of the state, involving administrative penalties (siyasa); and offenses that are corrected by acts of personal penance (kaffara) …Continued… Those that are prescribed a specific punishment in the Quran, known as hadd punishments. There are five hadd crimes: unlawful sexual intercourse (sex outside of marriage and adultery), false accusation of unlawful sexual intercourse, wine drinking (sometimes extended to include all alcohol drinking), theft, and highway robbery. Punishments for Hadd crimes Punishments for hadd offenses flogging stoning amputation exile or execution Questions to ponder Should we live under the sharia? Does it allow freedom? Would you be happy if you lived in a theocratic country? How do you feel about religion governing you? ¿Tu estás loco? These sentences are not often prescribed. While precise statistics are scarce, the UN estimates thousands of women are killed annually in the name of family honor. Other practices that are woven into the sharia debate, such as female genital mutilation, adolescent marriages, polygamy, and genderbiased inheritance rules, elicit as much controversy. Sharia vs. Secularism A 2010 Pew Poll conducted in seven countries including Egypt found strong support for Islam in politics and for harsh punishments for crimes such as theft, adultery, and conversion away from Islam. At the same time, a majority of those polled in every country except Pakistan believed democracy is the best form of governance. Whether democracy and Islam can coexist is a topic of heated debate. Some Islamists argue democracy is a purely Western concept imposed on Muslim countries. Others feel Islam necessitates a democratic system and that democracy has a basis in the Quran since "mutual consultation" among the people is commended (42:38 Quran). Questions to ponder Women’s status: no education and no medication. Is this because of the Sharia or is there another element for female subjugation? How would you feel about the leader of your country, say Iran for example, making international decisions based on the Qur’an or the Islamic Law (Sharia)? When do things get too far? (Do you think the Sharia is too extreme, is there a need for moderation?) Should we be governed by rationality or faith? Argument #1: Pro-Sharia Noah Feldman, wrote in a 2008 New York Times Magazine article that the full incorporation of Islamic law is viewed as creating “a path to a just and legitimate government in much of the Muslim world." It places duplicitous rulers alongside their constituents under the rule of God. "For many Muslims today, living in corrupt autocracies, the call for [sharia] is not a call for sexism, obscurantism or savage punishment but for an Islamic version of what the West considers its most prized principle of political justice: the rule of law." Argument #2: Pro-Secularism On the other hand, some Muslim scholars say that secular government is the best way to observe sharia. "Enforcing a [sharia] through coercive power of the state negates its religious nature, because Muslims would be observing the law of the state and not freely performing their religious obligation as Muslims," says Abdullahi Ahmed An-Na'im, a professor of law at Emory University and author of a book on the future of sharia. Which argument do you support? Which argument do you support? Pro-Sharia or Pro-Secularism? Why? Did you choose ___ because it fits with your ideologies on secularism/religious background or because it fit with your rationality? Sharia’s incorporations Opinions on the best balance of Islamic law and secular law vary, but sharia has been incorporated into political systems in three general ways: 1. Dual Legal System Many majority Muslim countries have a dual system in which the government is secular but Muslims can choose to bring familial and financial disputes to sharia courts. The exact jurisdiction of these courts varies from country to country, but usually includes marriage, divorce, inheritance, and guardianship. 2. Government under God In those Muslim countries where Islam is the official religion listed in the constitution, sharia is declared to be a source, or the source, of the laws. Examples include Saudi Arabia, Kuwait, Bahrain, Yemen, and the United Arab Emirates, where the governments derive their legitimacy from Islam. In Pakistan, Egypt, Iran, and Iraq, among others, it is also forbidden to enact legislation that is antithetical to Islam. Saudi Arabia employs one of the strictest interpretations of sharia. Women are not allowed to drive, are under the guardianship of male relatives at all times, and must be completely covered in public. Elsewhere, governments are much more lenient, as in the United Arab Emirates, where alcohol is tolerated. Wait a minute, I thought Islam meant equality! Is it the religion that is making all this chaos or is it the Sharia – the Islamic law? How do you differentiate between the two? If you were a woman living in Saudi Arabia right now, what would you do? Is there anything to do? Think about the charges and consequences you will face if you speak up. Would you do it anyways? 3. Completely Secular Muslim countries where the government is declared to be secular in the constitution include Azerbaijan, Tajikistan, Chad, Somalia, and Senegal. Islamist parties run for office occasionally in these countries and sharia often influences local customs. Popular Islamist groups are often viewed as a threat by existing governments. Secular Muslim countries are a minority, however, and the popularity of Islamist political parties are narrowing the gap between religion and state. Wait… what? Theocratic countries with rules such as chopping off hands if convicted with robbery or death penalty as a charge of rape, such as Saudi Arabia, have the lowest crime rates in the world. Why is this so? Is it because women who get raped do not speak up? Or is it the fear installed in people to not rape or commit robbery? Questions to ponder If the Sharia was implemented in the American constitution, would it make our country better or worse? How would it change your life? What would the hardest thing you would have to give up? What would be some positive effects of Sharia in your life? What are some alternatives to achieve the same results as Saudi Arabia’s lowest crime rates without such brutal punishments? Are there any? Which works better: Installing fear or love? Activity Break up into two rows, both chairs will be facing each other. One side of the entire column will act to be a sharia supporter or a religious leader. The other side of the entire column will be a pro-secular activist. Both sides will argue why his/her ideology is better than the other. You will have only 1 MINUTE to argue for your side and then you will switch. We will have 4 rounds in which you switch your side each time. You can makeup whatever story you want. Get creative with it. I want to hear the crazy laws or “logical inferences” you guys make when we share out at the end! Questions to ask/think about These are some questions or things you should think about while debating with your adversary. Why are my ideas, when implemented into society, better than yours? What are the positives to your side of the argument? For example, pro-secularism might say “We have freedom of speech!” What are some of the negatives OF YOUR OPPONENT’S SIDE? Point it out to them to get the argument heated.