Hedaya 2.140 Annotated

Hedaya 2.141 Annotated

Preserve the First Amendment from Attack by the OIC!

Wednesday, September 07, 2011

Michigan House Bill 4769 Bans Enforcement of Alien Laws

Having opened the bill in Adobe X, I searched it for the following terms: Islam, Muslim, Sharia, Shari'ah and Fiqh. No instances of any of those words was found in the legislation.

    An excerpt of the operative code is included below with the most significant clauses highlighted. It simply prohibits the application of any foreign law impairing the constitutional rights of litigants.

Sec. 2. A court, arbitrator, administrative agency, or other 
4  adjudicative, mediation, or enforcement authority shall not enforce 
5  a foreign law if doing so would violate a right guaranteed by the 
6  constitution of this state or of the United States. 
7  Sec. 3. (1) If any contractual provision or agreement provides 
8  for the choice of a foreign law to govern its interpretation or the 
9  resolution of any dispute between the parties and if the 
10  enforcement or interpretation of the contractual provision or 
11  agreement would result in a violation of a right guaranteed by the 
12  constitution of this state or of the United States, the contractual 
13  provision or agreement shall be applied as modified or amended to 
14  the extent necessary to preserve the constitutional rights of the 
15  parties.
16  (2) If any contractual provision or agreement provides for the 
17  choice of venue or forum outside of the states or territories of 
18  the United States, and if the enforcement or interpretation of the 
19  contractual provision or agreement applying that choice of venue or 
20  forum provision would result in a violation of any right guaranteed 
21  by the constitution of this state or of the United States, that 
22  contractual provision or agreement shall be interpreted or 
23  construed to preserve the constitutional rights of the person 
24  against whom enforcement is sought. Similarly, if a natural person 
25  subject to personal jurisdiction in this state seeks to maintain 
26  litigation, arbitration, agency, or similarly binding proceedings 
27  in this state, and if a court of this state finds that granting a 
claim of forum non conveniens or a related claim violates or would 
2  likely lead to a violation of the constitutional rights of the 
3  nonclaimant in the foreign forum with respect to the matter in 
4  dispute, the claim shall be denied. 
5  (3) Any contractual provision or agreement incapable of being 
6  modified or amended to preserve the constitutional rights of the 
7  parties pursuant to the provisions of this section is null and 
8  void.
9  (4) If a corporation, partnership, limited liability company, 
10  business association, or other legal entity contracts to subject 
11  itself to foreign law in a jurisdiction outside of any state or 
12  territory of the United States, this act does not apply to that 
13  contract.
14  Sec. 4. This act applies only to actual or foreseeable 
15  violations of the constitutional rights of a person caused by the 
16  application of the foreign law.

    An association of "moderate Muslims" has endorsed the proposed legislation in a press release, available as a pdf file.  Lets sample the document and take a closer look.

Washington, DC (September 6, 2011) – A coalition of diverse American Muslim leaders has announced support
for a  proposed bill in the Michigan State Assembly, HB 4679,  that is intended to bar Michigan courts from
enforcing any foreign law, if doing so violates any rights guaranteed by the U.S. Constitution and/or the state of
Michigan‟s constitution.
  •     Nine endorsers are listed. at the end of the press release.
    •  Alliance for Democracy in Iran greets the world in Persian. It has a Facebook page liked by 170.
    • Council for Democracy and Tolerance presents a six point mission statemnt. Its founder has some associations that would make Muslim's heads explode. I found neither a statement of membership nor an independent Facebook presence. 
    • Hasan Mahmahmud is listed as an advisory board member of the World Muslim Congress.  Their Facebook link is to their founder's personal page with 4999 friends. 
    • Alliance of Iranian Women has an interesting web site which begins with an enumerated list of 17 misogynistic provisions of Shari'ah as imposed in Iran. I did not find membership numbers or a Facebook listing.
    • Muslim Canadian Congress is represented by Farzana Hassan, Ed.D and Tarek Fata. They have signs of activity & organization but no statement of a number of members. They have a -Facebook page with 27 members and several others totaling 4434 sympathetic to their position.  Opposing groups, some expressly denying representation, total 1688 members.
    • Lib for All seems to be an Indonesian organization with an American address and activity.  Their Facebook group has 517 members.
    • AIFD has several Facebook pages, the largest with 464 followers, a grand total of 829. 
    • Jalal Zuberi, MD is a professor of pediatric medicine, I doubt that his endorsement involves the medical school.
  • It appears that these leaders have approximately 11,000 followers; about 9 ten millionths of 1 percent of Muslims.
[...]As American Muslims, we  believe that the law should treat people of all faiths equally, while  protecting
Muslims and non-Muslims alike from extremist attempts to use the legal instrument of  shari„ah (also known as
Islamic jurisprudence, or fiqh) to incubate, within the West, a highly politicized and dangerous understanding of
Islam that is generally known as “Islamism,” or “radical Islam.”

American Muslims

    What differentiates American Muslims from African, Arabian or Asian Muslims?  What is the role of geography in their  belief system?  Do Muslims in other regions believe that the law should treat people differentially as a function of their religious affiliation?


    What is an extremist? Is it a Muslim with a non-standard belief set; a deviant from normative Islam or is it a zealot, a true believer? Exactly what differentiates American Muslims from extremists? 

dangerous understanding

    What is the meaning of "understanding" in this context? Is it anything other than interpretation?  What makes this interpretation dangerous?  Is there a standard interpretation of Islam?  Who, other than Islam's founder, is competent & authorized to interpret Islam?  Is Islam anything other than what Muhammad revealed in the Qur'an and exemplified in his Sunnah?


    What differentiates Islam from Islamism?  Exactly what is the element that makes Islamism radical? Is Islamism anything other than Salafism: emulation of Muhammad, who combined  religious and temporal power in his own hands and those of his caliphs?

We see no evidence that statutes like HB 4769 will  adversely impact the free exercise  of our personal pietistic
observance of Islam, which is not in conflict with the U.S. or Michigan constitutions. [...]

free exercise

    The proposed law will not interfere with iman, hajj, salat, saum or zakat. Or will it? Islam requires payment of 2.5% of accumulated wealth and financial transactions. Zakat is divided into eight equal shares, one of which must be paid to those fighting in Allah's cause: terrorists. Federal law prohibits sending money to terrorists.

observance of Islam

    Do you sit on the sidelines and watch others perform Islam, or do you perform it?  How do you perform Islam without  obeying Allah and emulating Muhammad?

33:21. Indeed in the Messenger of Allâh (Muhammad ) you have a good example to follow for him who hopes in (the Meeting with) Allâh and the Last Day and remembers Allâh much.

33:22. And when the believers saw Al­Ahzâb (the Confederates), they said: "This is what Allâh and His Messenger (Muhammad ) had promised us, and Allâh and His Messenger (Muhammad ) had spoken the truth, and it only added to their faith and to their submissiveness (to Allâh).

33:23. Among the believers are men who have been true to their covenant with Allâh [i.e. they have gone out for Jihâd (holy fighting), and showed not their backs to the disbelievers], of them some have fulfilled their obligations (i.e. have been martyred), and some of them are still waiting, but they have never changed [i.e.they never proved treacherous to their covenant which they concluded with Allâh] in the least.

33:24. That Allâh may reward the men of truth for their truth (i.e. for their patience at the accomplishment of that which they covenanted with Allâh), and punish the hypocrites if He will or accept their repentance by turning to them in Mercy. Verily, Allâh is Oft­Forgiving, Most Merciful.

33:25. And Allâh drove back those who disbelieved in their rage, they gained no advantage (booty, etc.). Allâh sufficed for the believers in the fighting (by sending against the disbelievers a severe wind and troops of angels). And Allâh is Ever All­Strong, All­Mighty.

33:26. And those of the people of the Scripture who backed them (the disbelievers) Allâh brought them down from their forts and cast terror into their hearts, (so that) a group (of them) you killed, and a group (of them) you made captives.

33:27. And He caused you to inherit their lands, and their houses, and their riches, and a land which you had not trodden (before). And Allâh is Able to do all things.


personal, pietistic

    So, your personal interpretation of Islam rejects Surah Al-Anfal, Surah At-Taubah, Surah Al-Ahzab, Surah Muhammad, Surah Al-Hujuraat  & Surah As-Saff.  You also reject Muhammad's Sunnah in which he testified that he was commanded to fight and implemented that command. There is one little problem with that: You condemn yourself to eternal damnation by rejecting Allah's jihad imperatives.

2:85. After this, it is you who kill one another and drive out a party of you from their homes, assist (their enemies) against them, in sin and transgression. And if they come to you as captives, you ransom them, although their expulsion was forbidden to you. Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allâh is not unaware of what you do.

    Under the Shafi'ite school's Shari'ah, codified in Reliance of the Traveller, your rejection of Allah's jihad imperatives condemns you to death for apostasy.    


When a person who has reached puberty and is sane voluntarily apostatizes from Islam, he deserves to be killed.


In such a case, it is obligatory for the caliph (A: or his representive) to ask him to repent and return to Islam. If he does, it is accepted from him, but if he refuses, he is immediately killed.


O8.7: Acts that Entail Leaving Islam

(O: Among the things that entail apostasy from Islam (may Allah protect us from them) are: [...]

-7- to deny any verse of the Koran or anything which by scholarly consensus (def: b7) belongs to it, or to add a verse that does belong to it;

-14- to deny the obligatory character of something which by the consensus of Muslims (ijma`, def: B7) is part of Islam, when it is well known as such, like the prayer (salat) or even one rak'a from one of the five obligatory prayers, if there is no excuse (def: u2.4);

-19- to be sarcastic about any ruling of the Sacred Law;

According to AILC member C. Holland Taylor, “the Islamist agenda
threatens  not only the  well-being of the United States and its inhabitants, but also undermines and distorts the
highest principles of Islam itself.”

highest principles of Islam

    What are the "highest principles of Islam" and how does Islamism distort them?  Islamism conflates Islam and government, seeking to supplant man made laws with Shari'ah.  How does that differ from what Muhammad did? Did Muhammad distort the highest principles of the deen he founded?

    Who dictated the laws? Who judged crimes and imposed punishments?  Does the Qur'an prescribe penalties for zina, theft and alcohol consumption? Did Muhammad impose and execute them?  These quotes should settle the issue.

33:36. It is not for a believer, man or woman, when Allâh and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allâh and His Messenger, he has indeed strayed in a plain error.

Malik's Muwatta Book 41, Number 41.2.12:

Malik related to me from Zayd ibn Aslam that a man confessed to fornication in the time of the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, called for a whip, and he was brought a broken whip. He said, "Above this," and he was brought a new whip whose knots had not been cut yet. He said, "Below this," and he was brought a whip which had been used and made flexible. The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was flogged. Then he said, "People! The time has come for you to observe the limits of Allah. Whoever has had any of these ugly things befall him should cover them up with the veil of Allah. Whoever reveals to us his wrong action, we perform what is in the Book of Allah against him."

    Muhammad united in himself the offices of law giver and judge. Allah tells us that Muhammad is to be emulated.

33:21. Indeed in the Messenger of Allâh (Muhammad ) you have a good example to follow for him who hopes in (the Meeting with) Allâh and the Last Day and remembers Allâh much.

“Michigan House Bill 4769 seeks to ensure that American Muslims can live in freedom and safety, in accordance with our constitutional principles, and not be enveloped by the tentacles of medieval, man-made laws that have been falsely accorded divine status,” said the AILC.

falsely accorded divine status

    I can not argue that Shari'ah is not medieval & man made nor can I argue that its divine status is not fallacious.  But when Muslims agree with me, they commit apostasy. [Reliance of the Traveller, O8.7, items 7, 14 & 19, quoted above.]  Examine the penalty for fornication codified in Reliance.


The legal penalty is obligatorily imposed upon anyone who fornicates or commits sodomy (A: provided it is legally established (def: n11.2 (O:) ) ) when they:

(a) have reached puberty;

(b) are sane;

(c) and commit the act voluntarily;

no matter whether the person is a Muslim, non-Muslim subject of the Islamic state, or someone who has left Islam.


If the offender is someone with the capacity to remain chaste, then he or she is stoned to death (def: o12.6), someone with the capacity to remain chaste meaning anyone who has had sexual intercourse (A: at least once) with their spouse in a valid marriage, and is free, of age, and sane. A person is not considered to have the capacity to remain chaste if he or she has only had intercourse in a marriage that is invalid, or is prepubescent at the time of material intercourse, or is someone insane at the time of marital intercourse who subsequently regains their sanity prior to committing adultery.

If the offender is not someone with the capacity to remain chaste, then the penalty consists of being scourged (def: o12.5) one hundred stripes and banished to a distance of at least 81 km./50 mi. for one year.

    If that is not divine law, then nothing in the Qur'an is divine!

24:2. The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allâh, if you believe in Allâh and the Last Day. And let a party of the believers witness their punishment. (This punishment is for unmarried persons guilty of the above crime but if married persons commit it, the punishment is to stone them to death, according to Allâh's Law).


“To equate Bill 4769 to racism is not only dishonest, but is a poor and clumsy attempt at making ordinary Muslim Americans feel alien in their own homeland, while creating a rift between Muslims and the rest of our country,” said AILC member Dr. M. Zuhdi Jasser.

    Where in HB 4769 is race or religion mentioned? What race is Islam?  Islam has enslaved Arabs, Africans, Asians and Caucasians, so, what race is it?  If we do not want our courts to enforce alien laws that impose corporal punishment, discount a woman's testimony, forbid Christians to testify and deny child custody to a Christian mother, how does that make us racists? 

The AILC statement reinforces the American Muslim community's commitment to the First Amendment‟s Establishment Clause and the separation between religion and state. Unfortunately, Islamist groups would like to compromise this separation and provide cover to medieval, misogynistic and homophobic laws that no Muslim is obligated to demand as public law.

obligated to demand

    I will quote one ayeh which is typical of  three  which impose an obligation to make Islam dominate the world.

9:33. It is He Who has sent His Messenger (Muhammad ) with guidance and the religion of truth (Islâm), to make it superior over all religions even though the Mushrikûn (polytheists, pagans, idolaters, disbelievers in the Oneness of Allâh) hate (it).

(9:33:8) liyuẓ'hirahu to manifest it

(48:28:8) liyuẓ'hirahu that He (may) make it prevail

(61:9:8) liyuẓ'hirahu to make it prevail

  • He it is Who has sent His Messenger, Muhammad (s), with the guidance and the religion of truth, that He may manifest it, make it prevail, over every religion, all the religions which oppose it, even though the disbelievers be averse, to this. Tafsir al-Jalalayn
  • The Good News that Muslims will conquer the Known World, and ultimately the Entire World
  • Sahih Bukhari Volume 4, Book 52, Number 65:

    Narrated Abu Musa:

    A man came to the Prophet and asked, "A man fights for war booty; another fights for fame and a third fights for showing off; which of them fights in Allah's Cause?" The Prophet said, "He who fights that Allah's Word (i.e. Islam) should be superior, fights in Allah's Cause."

  • Sahih Bukhari Volume 1, Book 8, Number 387:
    Narrated Anas bin Malik:
    Allah's Apostle said, "I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah.' And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us and we will not interfere with them except legally and their reckoning will be with Allah." Narrated Maimun ibn Siyah that he asked Anas bin Malik, "O Abu Hamza! What makes the life and property of a person sacred?" He replied, "Whoever says, 'None has the right to be worshipped but Allah', faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have."
    Tafsir Ibn Kathir spreads the "good news" "that Islam will conquer"  based on 48:28. If any doubt remains, read 61:9 to the end of the surah, the context of the succeeding ayat leaves no room for doubt.  The mission of Islam is global conquest, participation in which is your get out of Hell free card.

spreading the plague

“Shari„ah law, wherever it has been applied in the public domain, be it in Iran, Saudi Arabia or Pakistan, has resulted in untold misery and oppression of Muslims, in particular Muslim women, by Islamists and dictators who invoke shari„ah law to justify their rule,” said AILC member Manda Ervin. “Many of us fled the Muslim world to escape shari„ah law and to practice Islam in our personal lives, by moving to the USA and other western countries. We do not wish these laws to follow us here,” she concluded.

    It is impossible to dispute the facts raised by Manda Ervin. Unfortunately, those who flee the plague carry it with them.  Immunity requires apostasy.  None of us will be fully safe until everyone is immunized against Shari'ah.


    CAIR issued an action alert, claiming that "The bill does nothing to protect our legal institutions but only contributes to the growing climate of fear mongering against the American Muslim community which marginalizes and cast suspicion upon loyal Americans.".  They provide scripts with some interesting talking points. [Emphasis added.]
  • "authored by the anti-black racist David Yerushalmi"
  • "contributes to the growing climate of fear mongering"
  • "potentially stifle business development by creating unnecessary legal hurdles for international business investors"
  • " Anti-Muslim, Anti-Business bill"
    Of course there could not possibly be any rational basis for the proposed legislation, because Shari'ah is a non issue in Michigan courts. Yeah, right.

Shariah Law and American State Courts: An Assessment of State Appellate Court Cases  lists one Michigan case

In April 2008, defendant traveled to India and pronounced the following written triple talaq:
Now this deed witnesses that I the said Bade Pinjari, do hereby divorce Saida Tarikonda, daughter
of T. Babu Khan, by pronouncing upon her Divorce/Talaq three times irrevocably and by
severing all connections of husband and wife with her forever and for good.
1. I Divorce thee Saida Tarikonda
2. I Divorce thee Saida Tarikonda
3. I Divorce thee Saida Tarikonda . . . .

The parties disagree regarding whether plaintiff was notified of this triple talaq. However, in
May 2008, plaintiff filed a complaint for divorce in Michigan. Defendant filed a motion to dismiss
the complaint pursuant to MCR 2.116(C)(7) because of the existing Indian divorce. To
prove the divorce occurred, he offered a divorce certificate from a Wakf Board in Andhra
Pradesh, India. The trial court granted his motion. It instructed plaintiff to register the Indian divorce
in Michigan and file a separate complaint for custody and child support.

That ruling was overturned on appeal, but some litigants may lack the money and patience to pursue appeals. We should not take that risk. Go to
http://www.congress.org/,  create a free account,  enter your zip code and send emails to your  Michigan  Representative & Senator asking them to  co-sponsor and vote for this legislation.

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