SHARIAH RULINGS BY U.S COURT..in 1960's/70s

SHARIAH RULINGS BY U.S COURT..in 1960's/70s





SHARIAH RULINGS BY U.S COURT..in 1960's/70s: MASHA-ALLAH!

__________________________________________________________



EXCE RPT:





The more interesting part of the ruling, in terms of its description of Islamic doctrine, came from the concurring opinion of Justice William Douglas, who used the opportunity to dip into the Holy Koran.




“In the present case there is no line between ‘carnal’ was and ‘spiritual’ or symbolic wars,“ Douglas wrote. “Those who know the history of the Mediterranean littoral know that the jihad of the Moslem was a bloody war.”



Douglas noted that Ali had testified that he was:



sincere in every bit of what the Holy Qur'an and the teachings of the Honorable Elijah Muhammad tell us and it is that we are not to participate in wars on the side of nobody who-on the side of non believers, and this is a Christian country and this is not a Muslim country, and the Government and the history and the facts shows that every more toward the Honorable Elijah Muhammad is made to distort and is made to ridicule him and is made to condemn him and the Government has admitted that the police of Los Angeles were wrong about attacking and killing our brothers and sisters and they were wrong in Newark, New Jersey, and they were wrong in Louisiana, and the outright, every day oppressors and enemies are the people as a whole, the whites of this nation. So, we are not, according to the Holy Qur'an, to even as much as aid in passing a cup of water to the-even a wounded. I mean, this is in the Holy Qur'an, and as I said earlier, this is not me talking to get the draft board-or to dodge nothing. This is there before I was borned [sic] and it will be there when I'm dead but we believe in not only that part of it, but all of it.



Justice Douglas then got into the concept of jihad:



O ye who believe! Shall I guide you to a gainful trade which will save you from painful punishment? Believe in Allah and His Apostle and carry on warfare (jihad) in the path of Allah with your possessions and your persons. That is better for you. If ye have knowledge, He will forgive your sins, and will place you in the Gardens beneath which the streams flow, and in fine houses in the Gardens of Eden: that is the great gain.



Thus God propoundeth unto men their examples. When ye encounter the unbelievers, strike off their heads, until ye have made a great slaughter among them; and bind them in bonds; and either give them a free dismission afterwards, or exact a ransom; until the war shall have laid down its arms. This shall ye do. Verily if God pleased he could take vengeance on them, without your assistance; but he commandeth you to fight his battles, that he may prove the one of you by the other. And as to those who fight in defence of God's true religion, God will not suffer their works to perish: he will guide them, and will dispose their heart aright; and he will lead them into paradise, of which he hath told them. O true believers, if ye assist God, by fighting for his religion, he will assist you against your enemies; and will set your feet fast.






Justice Douglas noted that war is not the exclusive type of jihad, and that there is action by the believer's heart, by his tongue, by his hands, as well as by the sword. Regarding the military type, Douglas quoted again from the Islamic scriptures:



The jihad, in other words, is a sanction against polytheism and must be suffered by all non-Muslims who reject Islam, or, in the case of the dhimmis (Scripturaries), refuse to pay the poll tax. The jihad, therefore, may be defined as the litigation between Islam and polytheism; it is also a form of punishment to be inflicted upon Islam's enemies and the renegades from the faith. Thus in Islam, as in Western Christendom, the jihad is the bellum justum.






Far from harming Ali’s claim, this helped him, for Justice Douglas noted that “The jihad in the Moslem's counterpart of the ‘just’ war as it has been known in the West. Neither Clay nor Negre should be subject to punishment because he will not renounce the ‘truth’ of the teaching of his respective church that wars indeed may exist which are just wars in which a Moslem or Catholic has a respective duty to participate…. What Clay's testimony adds up to is that he believes only in war as sanctioned by the Koran, that is to say, a religious war against nonbelievers. All other wars are unjust.”



This wonderful concept meant, to Justice Douglas, that Muhammad Ali was entitled to avoid Vietnam by availing himself of conscientious objector status.



So we have the Supreme Court, in 1971 - a full 30 years before 9/11 - coming to terms with the Islamic concept of jihad, and worrying about the FBI's use of wiretaps (which Justice Douglas, in another opinion of the same era, described as “a dirty business” and a “disease.” Heutsche v. United States, 414 U.S. 898, 899 (1973)).




These cases are more reasons, if there were any doubts, that people concerned with the violent underpinnings of Islam the efficacy of American counterterrorism efforts should renew their library cards.