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The Islamist Challenge to the U.S. Constitution
netWMD - The War to Mobilize Democracy ^ | March 21, 2006 | David Kennedy Houck

Posted on 03/21/2006 1:57:26 PM PST by forty_years

First in Europe and now in the United States, Muslim groups have petitioned to establish enclaves in which they can uphold and enforce greater compliance to Islamic law. While the U.S. Constitution enshrines the right to religious freedom and the prohibition against a state religion, when it comes to the rights of religious enclaves to impose communal rules, the dividing line is more nebulous. Can U.S. enclaves, homeowner associations, and other groups enforce Islamic law?

Such questions are no longer theoretical. While Muslim organizations first established enclaves in Europe,[1] the trend is now crossing the Atlantic. Some Islamist community leaders in the United States are challenging the principles of assimilation and equality once central to the civil rights movement, seeking instead to live according to a separate but equal philosophy. The Gwynnoaks Muslim Residential Development group, for example, has established an informal enclave in Baltimore because, according to John Yahya Cason, director of the Islamic Education and Community Development Initiative, a Baltimore-based Muslim advocacy group, "there was no community in the U.S. that showed the totality of the essential components of Muslim social, economic, and political structure."[2]

Baltimore is not alone. In August 2004, a local planning commission in Little Rock, Arkansas, granted The Islamic Center for Human Excellence authorization to build an internal Islamic enclave to include a mosque, a school, and twenty-two homes.[3] While the imam, Aquil Hamidullah, says his goal is to create "a clean community, free of alcohol, drugs, and free of gangs,"[4] the implications for U.S. jurisprudence of this and other internal enclaves are greater: while the Little Rock enclave might prevent the sale of alcohol, can it punish possession and in what manner? Can it force all women, be they residents or visitors, to don Islamic hijab (headscarf)? Such enclaves raise the fundamental questions of when, how, and to what extent religious practice may supersede the U.S. Constitution.

The Internal Muslim Enclave

The internal Muslim enclave proposed by the Islamic Center for Human Excellence in Arkansas represents a new direction for Islam in the United States. The group seeks to transform a loosely organized Muslim population into a tangible community presence. The group has foreign financial support: it falls under the umbrella of a much larger Islamic group, "Islam 4 the World," an organization sponsored by Sharjah, one of the constituent emirates of the United Arab Emirates.[5] While the Islamic Center for Human Excellence has yet to articulate detailed plans for its Little Rock enclave, the group's reliance on foreign funding is troublesome. Past investments by the United Arab Emirates' rulers and institutions have promoted radical interpretations of Islam. [6]

The Islamic Center for Human Excellence may seek to segregate schools and offices by gender. The enclave might also exercise broad control upon commerce within its boundaries—provided the economic restrictions did not discriminate against out-of-state interests or create an undue burden upon interstate commerce. But most critically, the enclave could promulgate every internal law—from enforcing strict religious dress codes to banning alcohol possession and music; it could even enforce limits upon religious and political tolerance. Although such concepts are antithetical to a free society, U.S. democracy allows the internal enclave to function beyond the established boundaries of our constitutional framework. At the very least, the permissible parameters of an Islamist enclave are ill defined.

The greater American Muslim community's unapologetic and public manifestation of belief in a separate but equal ideology does not bode well. In September 2004, the New Jersey branch of the Islamic Circle of North America rented Six Flags Adventure Park in New Jersey for "The Great Muslim Adventure Day." The advertisement announcing the event stated: "The entire park for Muslims only." While legal—and perhaps analogous to corporate or other non-religious groups renting facilities, the advertisement expressly implied a mindset that a proof of faith was required for admission to the park. In his weblog, commentator Daniel Pipes raises a relevant and troubling question about the event: because it is designated for Muslims only, "Need one recite the shahada to enter the fairgrounds?"[7]

While U.S. law might give such Muslims-only events the benefit of the doubt, flexibility may not go both ways. There is precedent of Islamists taking advantage of liberal flexibility to more extreme ends. Canada provides a useful example into how Islamist groups can exploit liberal legal tolerance. In 1991, Ontario, Canada, passed a seemingly innocuous law called the "Arbitration Act."[8] This act permitted commercial, religious, or such other designated arbitrators to settle civil disputes outside the Canadian justice system so long as the result did not contradict Canadian law. Like U.S. authorities are beginning to do now, Canadian legislators decided to give religious groups the benefit of the doubt, assuming that they would still hold national law to be paramount.

In October 2003, under the auspices of the Ontario legislation, the Islamic Institute of Civil Justice created Muslim arbitration boards and stated its intent to arbitrate on the basis of Islamic law.[9] A national furor erupted, particularly among Canadian Muslim women's groups that opposed the application of traditional Islamic (Shari‘a) laws that would supersede their far more liberal and egalitarian democratic rights. After nearly two years of legal wrangling, the premier of Ontario, Dalton McGuinty, held that religious-based arbitrations "threaten our common ground," and announced, "There will be no Shari‘a law in Ontario. There will be no religious arbitration in Ontario. There will be one law for all Ontarians."[10] On November 15, 2005, McGuinty's provincial government submitted legislation to amend the arbitration act to abrogate, in effect, all religious arbitration.[11] Requests for Muslim enclaves within larger U.S. communities may signal that U.S. jurisprudence will soon be faced with a similar conundrum. Islamist exceptionalism can abuse the tolerance liberal societies have traditionally extended to interface between religious and secular law.

Prior to the Islamic Institute of Civil Justice demands to impose Shari‘a, the Arbitration Act worked well. Unfortunately for Canadian Jews, the repeal ended state-enforcement of agreements reached by the use of a millennia-old rabbinical court system called beit din (house of law) that had for decades quietly settled marriage, custody, and business disputes. Joel Richler, Ontario region chairman of the Canadian Jewish Congress, expressed his lament: "If there have been any problems flowing from any rabbinical court decisions, I'm not aware of them."[12] Canadian Catholics likewise were stopped from being able to annul marriages according to Canon Law and avoid undue entanglement in civil courts. Abuse of the spirit of the law, though, ended up curtailing local liberty. Rather than soften the edge between religion and state, the Islamic Institute of Civil Justice threatened to eliminate it with the imposition of Shari‘a. The Canadian experience demonstrates how flexibility can backfire when all parties do not seek to uphold basic precepts of tolerance. The Little Rock application raises the specter of a parallel situation. While The Islamic Center for Human Excellence may state it wants to create a clean-living community, might the community's extreme interpretation of Shari‘a force a reconsideration of just how much leeway the U.S. government gives religious communities?

As the Muslim community in the United States grows, an increasingly active Islamist lobby has submitted numerous white papers and amicus briefs to legislators and courts arguing for the religious right of Muslims to apply Shari‘a law, particularly in relation to family law disputes.[13] This looming jurisprudential conflict is significant for it raises issues about the rights of community members to marry outside the community, forced marriages, and the minimum age of brides, and whether wives and daughters may enjoy equal inheritance. In cases of non-family law, it raises the question about whether the testimony of women will be considered on par with that of men.

No previous enclave in U.S. history has ever been so vigorously protected by agents of group identity politics or so adamantly defended by legal watchdogs; nor has any previous religious enclave possessed the potency of more than one billion believers around the world. Islamic-only communities may also benefit from the largess provided by billions of petrol dollars to finance growth. The track record of Saudi and other wealthy Persian Gulf donations and charitable efforts are worrisome. There is a direct correlation between Saudi money received and the spread of intolerant practices. In 2004, for example, the U.S. Treasury Department froze the assets of Al-Haramein Foundation, one of Saudi Arabia's largest nongovernmental organizations, because of its financial links to Al-Qaeda.[14] Additionally, American graduates of Saudi academies advance Wahhabist interpretations of Islam inside the U.S. prison system,[15] and Saudi-subsidized publications promote intolerance inside U.S. mosques.[16]

A Muslim enclave is uniquely perilous because there are few if any internal enclaves that adhere to a polity dedicated to the active abrogation of secular law and the imposition of a supreme religious law. The concept of Shari‘a is so fundamental to Islam, that even today, prominent Muslim jurists argue over whether a Muslim can fully discharge Shari‘a obligations while residing in a non-Muslim territory.[17] Yet, in spite of this apparent conundrum, Muslims have resided peacefully in non-Muslim lands since the seventh century. In the greater context, there may be a breach in the dike for Islamist groups residing in the United States because the Baltimore and Little Rock enclaves must acknowledge the U.S. Constitution as the paramount basis of civil law.

A dissident Islamic sub-community is filled with dichotomous propositions: from the presumed supremacy of Shari‘a-based law over secular law; the melding of religion and polity versus the constitutionally mandated separation of same; to the politics of group and factionalism, versus assimilation and pluralism. To deny the settlement of a Muslim-only community based solely upon prejudices formed after September 11 would be illiberal. But the alternative, opening the door to Islamic enclaves without scrutiny, is as dubious.

The Enclave under U.S. Law

Existing U.S. legal precedent, though, may provide some grounds for handling expansive demands for Islamic enclaves. U.S. legal views of internal enclaves derive from the famous 1954 Brown v. Board of Education decision, in which the Supreme Court ruled the concept of separate but equal to be unconstitutional.[18] While the case revolved around the right of black children to attend white schools, it promulgated a concept that is anathema in today's world of multiculturalism: neither the state nor any constituent group could claim equality through separation.

Enclaves can exist, though. As courts have ruled on issues relating to equality under the law and upon the autonomy of religious practice, two distinctive features of internal U.S. enclaves have taken shape: first, the boundaries of the enclave should be recognized by local inhabitants. Second, the enclave cannot supersede the constitutionally protected rights of the citizens of a state.

Because most rights secured by the constitution are protected only against infringement by government action, the Supreme Court has avoided establishing a bright-line test as to the limits of religious liberty. Any religious group or individual seeking to establish an internal enclave has the right to limit residency, promulgate local rules, and perhaps even collect fees or taxes to support nominal community services.

Such enclaves do not hold final sway over the rights of non-residents, however. In Jackson v. Metropolitan Edison Company[19] and Flagg Brothers v. Brooks,[20] the court outlined constitutional protections for private citizens in which any entity, religious or otherwise, exercising governmental authority over private citizens remains subject to the provisions of the First and Fourteenth amendments. In both cases, the court affirmed that citizens of a state retain their right to "due process of law" under the Fourteenth Amendment, even when inside an enclave. These holdings, however, do not prevent enclaves from restricting the individual freedoms of their inhabitants.

The Supreme Court has ruled upon the limits of religious liberty. In Cantwell v. Connecticut, the court outlined the circumstances in which the government could act to restrict religious independence. The court held that the free exercise clause "embraces two concepts—freedom to believe and freedom to act. The first is absolute, but in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society."[21]

Christopher L. Eisgruber, professor of law at New York University, explained. He argued that, "the Constitution permits government to nurture ideological sub-communities founded upon premises inconsistent with the constitution's own commitments."[22] He maintained that such dissident sub-communities can provide important "sources of dissent"[23] and asserted that even if an enclave embraced ideals contrary to constitutional ideals, it should still be granted the right to pursue its own vision of good. For example, he wrote:

[Though] it is regrettable that young women in Kiryas Joel [a Satmar Hasidic enclave] will grow up in a starkly sexist culture, and it is regrettable that the Amish children of Yoder will find it very hard to become astronomers or lawyers … it would also be regrettable if the United States were not home to any sub-communities which, like the Satmars or the Amish, rejected principles of justice fundamental to the American regime.[24]

According to Eisgruber, tolerance of the intolerant is fundamental to the freedoms espoused by Western liberal democracy. While Islamists might use such logic to argue for the permissibility of Shari‘a communities, such tolerance has limits. Enclaves do not have carte blanche to act. Both the state and national legislatures must retain control over the extent of accommodation, and there should be no subsidization of the enclave by the government.[25] Such limits ensure that the government can constrain those sub-communities that might espouse more radical, violent, or racist views.[26]

It is usually when the U.S. government moves to uphold the rule of law that most Americans first learn of an internal enclave. Few Americans knew of the philosophy espoused by anti-government activist Randy Weaver until 1992 when the FBI and the Bureau of Alcohol and Firearms raided his compound at Ruby Ridge, Idaho, killing Vicki Weaver, their infant son, Sam, and the family dog.[27] Nor did many Americans know about David Koresh and his religious views until a raid the following year on the Branch Davidian compound in Waco, Texas, in which a resulting fire killed fifty adults and twenty-five children under the age of fifteen.[28] While tragic, such events involved cults or political splinter groups. The growth of Muslim enclaves raises the specter of such conflicts occurring on a much larger scale.

While the court has interpreted the establishment clause to empower the government to constrain dissident sub-communities when necessary to protect public safety, it has been wary of addressing legal issues requiring intrusion upon the religious polity. Because the First Amendment provides for religious freedom, the court has confined itself to ruling upon three basic issues: property disputes between national religious hierarchical organizations with affiliated breakaway entities; accommodations under the free exercise clause; and the prohibition against the establishment of a state religion. New challenges, though, may lead to new interpretations.

The Antithesis to Democracy

Is concern over internal Muslim enclaves justified? On their face, the fundamental principles of the internal Muslim enclave are no more invidious than any other religious enclave. But ideology matters. Many proponents of an Islamic polity promote an ideology at odds with U.S. constitutional jurisprudence and the prohibition against the establishment of a state-sponsored religion. The refusal to recognize federal law makes Islamist enclaves more akin to Ruby Ridge than to the Hasidic and Amish cases cited by Eisgruber.

Muslim theologians describe Islam not only as a religion but also as a system of state. The Qur'an—viewed by Muslims as the word of God—is replete with instructions about governance. An enclave promoting Islamic mores does not necessarily restrict itself to a social atmosphere but also one of governance. Traditional Islamic law controls the most basic aspects of everyday life and may make any Islamic enclave irreconcilable with the basic presumptions of Western liberal democracy and secular law.

While many American Muslims practice Islam and embrace the fundamental principles of the U.S. Constitution, others do not. There are consistent attempts by Islamist elements overseas to strengthen their own radical interpretation of Islam at the expense of moderation and tolerance. Saudi donors, for example, have propagated the ideology of Islamism, which seeks to interweave a narrow and often intolerant interpretation of religion into an all-encompassing political ideology. The number of imams and jihadists who have been outspoken in identifying the supremacy of Shari‘a to democracy underlines the incompatibility of Islamism and democracy. The late Saudi theologian, Sheikh Muhammad bin Ibrahim al-Jubair, for example, stated,

Only one ambition is worthy of Islam, to save the world from the curse of democracy: to teach men that they cannot rule themselves on the basis of man-made laws. Mankind has strayed from the path of God, we must return to that path or face certain annihilation.[29]

Prior to Iraq's January 30, 2005 elections, Abu Musab al-Zarqawi, leader of Al-Qaeda in Iraq, released an audiotape in which he declared war upon democracy and denounced its tenets as "the very essence of heresy, polytheism, and error."[30] Nor is Islamist antipathy for democracy limited to popular elections. According to a Saudi publication distributed at a San Diego mosque, "[Democracy is] responsible for all the horrible wars … more than 130 wars with more than 120 million people dead [in the twentieth century alone]; not counting victims of poverty, hunger and disease."[31] Such sentiments reflect a common theme among Islamists: democracy is the antithesis to everything pious and pure in Islam; and, in truth, democracy is the direct and substantial causal effect of Muslim suffering and injustice in the world today.

This does not mean that Islamists are unwilling to use democracy for their ends. But while they accept the trappings of democracy, they continue to reject its principles because the Shari‘a, to them the perfect rule of law, cannot be abrogated or altered by the shifting moods of a secular electorate. Mohamed Elhachmi Hamdi, editor-in-chief of the pan-Arab weekly Al-Mustakillah, explained,

The heart of the matter is that no Islamic state can be legitimate in the eyes of its subjects without obeying the main teachings of the Shari‘a. A secular government might coerce obedience, but Muslims will not abandon their belief that state affairs should be supervised by the just teachings of the holy law.[32]

He could draw from plenty of examples. In 1992, for example, Ali Balhadj, a leader of the Islamic Salvation Front in Algeria, declared, "When we are in power, there will be no more elections because God will be ruling."[33] While mayor of Istanbul, Islamist Turkish politician Recep Tayyip Erdoğan quipped, "For us, democracy is a streetcar. We would go as far as we could, and then get off."[34] As he eviscerates the judiciary, many Turks wonder about his sincerity.[35]

Experience abroad is relevant, as it goes to the heart of the sincerity of proponents of the Little Rock and Baltimore enclaves, an issue compounded by the willingness to accept donations from Persian Gulf financiers.

Conclusion

How Muslims reconcile Islamic polity within the confines of Western liberal democracy is an unresolved issue. This process will take years to evolve and is likely to convulse in further violent episodes. Presently, many Muslims reject wholesale the notion of a dominant secular law and instead seek the imposition of a pan-Islamist state under the guidance of Shari‘a. These Islamists view secular modernity and the democratic practices of radical egalitarianism, individual rights, and free exercise of religion as a direct and substantial threat to their belief system, and they are intent on employing violence against the West for the foreseeable future. The remainder and majority of the Muslim world must reject nihilism and engage in widespread debate regarding Islam's role within the world community.

The local planning commission in Little Rock, Arkansas, might proceed with the proposed Muslim enclave, but the Arkansas courts and its legislature should not abdicate its responsibilities to ensure that Western liberal rights and protections remain supreme. The government should monitor both the rhetoric and behavior of these communities. As the Supreme Court stated in Cantwell: the freedom to believe is absolute, but the freedom to act, in the nature of things, cannot be, especially as to the safety and preservation of the American democracy.[36]

David Kennedy Houck is an attorney at Houck O'Brien LLC, in Pittsburgh, Pennsylvania.

[1] See, for example, discussion of the Sonali Gardens project in London, The Evening Standard (London), Apr. 27, 2004.
[2] Marya Morris, "Muslim Community Development Initiatives," American Planning Association, Apr. 25, 2004.
[3] "Muslim Community Development Plans," Fox 16 News, Aug. 26, 2004.
[4] Ibid.
[5] Information on the Arkansas Islamic Center for Human Excellence website, accessed on Nov. 2, 2005, linked visitors to the "Islam 4 the World" website.
[6] U.S. Department of State, news release, Feb. 19, 2004.
[7] Daniel Pipes, "Muslims Only!" at Six Flags Adventure Park," www.DanielPipes.org, Sept. 10, 2004.
[8] "Arbitration Act," S.O. 1991, "Ontario Statutes and Regulations," e-Laws News, c. 17.
[9] Daniel Pipes, "Enforce Islamic Law in Canada?" The New York Sun, Sept. 27, 2005.
[10] Canadian Press News Agency, Sept. 11, 2005.
[11] Ontario Ministry of the Attorney General, news release, Nov. 15, 2005.
[12] Canadian Press News Agency, Sept. 11, 2005.
[13] See, Asifa Quaraishi and Najeeba Syeed-Miller, "No Altars: A Survey of Islamic Family Law in the United States," Islamic Family Law project, Law and Religion Program, Emory University, Atlanta, Ga.; American Muslims Intent on Learning and Activism (AMILA) in partnership with the American Civil Liberties Union submitted an amicus brief to the Supreme Court on the juvenile aspect of the death penalty that included citations to Shari'a law.
[14] U.S. Department of State, news release, Feb. 19, 2004.
[15] The Wall Street Journal, Feb. 5, 2003.
[16] Khaleel Mohammed, "Assessing English Translations of the Qu'ran," Middle East Quarterly, Spring 2005, pp. 59-71.
[17] Khaled Abou El Fadl, "Islamic Law and Muslim Minorities: The Juristic Discourse on Muslim Minorities from the Second/Eighth to the Eleventh/Seventeenth Centuries," Islamic Law and Society, 1:2(1994): 141-4.
[18] Brown et al. v. Board of Education of Topeka, 347 U.S. 483 (1954).
[19] Jackson v. Metropolitan Edison Company, 419 U.S. 345 (1974).
[20] Flagg Brothers v. Brooks, 436 U.S. 149 (1978).
[21] Cantwell v. Connecticut, 310 U.S 296 (1940), pp. 303-4.
[22] Christopher L. Eisgruber, "The Constitutional Value of Assimilation," The Columbia Law Review, Jan. 1996, pp. 87-8.
[23] Ibid., p. 91.
[24] Ibid.
[25] Ibid., pp. 89, 91.
[26] Ibid., pp. 87, 92.
[27] CNN News, Aug. 21, 1997.
[28] "The Aftermath of the April 19 Fire," Report to the Deputy Attorney General on the Events at Waco, Texas (redacted version: Oct. 8, 1993), U.S. Department of Justice, chap. XIII.
[29] Amir Taheri, "Islam and Democracy: The Impossible Union," The Sunday Times (London), May 23, 2004.
[30] Nimrod Raphaeli, "The Sheikh of the Slaughterers": Abu Mus'ab Al-Zarqawi and the Al-Qa'ida Connection," Middle East Research Media Institute (MEMRI), Inquiry and Analysis Series, no. 231, July 1, 2005.
[31] "Anti-American," Saudi Publications on Hate Ideology Invade American Mosques, Center for Religious Freedom, Freedom House, chap. 4, p. 4.
[32] Mohamed Elhachmi Hamdi, "Islam and Liberal Democracy: The Limits of the Western Model," Journal of Democracy, Apr. 1996, pp. 81-5.
[33] Michael Rubin, "Islamists Are Intrinsically Anti-democratic," www.bitterlemons-international.org, June 2, 2005.
[34] Hürriyet (Istanbul), Apr. 23, 1998.
[35] Milliyet (Istanbul), June 6, 2005.
[36] Cantwell, pp. 303-4.

http://netwmd.com/blog/2006/03/21/475


TOPICS: Constitution/Conservatism; Culture/Society; Politics/Elections
KEYWORDS: challenge; constitution; islamist; jihadinamerica; us
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To: King Prout
McKeesport, Mayor Hit With ACLU Suit
41 posted on 03/21/2006 9:45:15 PM PST by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: albertp; Allosaurs_r_us; Abram; AlexandriaDuke; Americanwolf; Annie03; Baby Bear; bassmaner; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
42 posted on 03/21/2006 9:49:46 PM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: lgjhn
To allow these is the first step onto a slippery slope that will lead to the total demise of America as we now know it.... IF they want an "enclave", lets deal with them in the same manner as the Aussies did: "Move to Saudi Arabia".

Yup!

And all the people that think this can't happen need to read this. Many are right here on FR. This is the biggest threat to the US today, the spread of Islam within our borders! They have no tolerance for the freedom of religion. In their "religion," it's their way or death and oppression, the latter if you're lucky.

43 posted on 03/21/2006 9:56:41 PM PST by Fruitbat
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To: forty_years
...because, according to John Yahya Cason, director of the Islamic Education and Community Development Initiative, a Baltimore-based Muslim advocacy group, "there was no community in the U.S. that showed the totality of the essential components of Muslim social, economic, and political structure."

Right! And there's a reason for that, and it's called freedom, particularly of religion!

44 posted on 03/21/2006 9:57:52 PM PST by Fruitbat
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To: forty_years
The Islamic Center for Human Excellence may seek to segregate schools and offices by gender.

And naturally the ACLU is all over this. /s

45 posted on 03/21/2006 9:59:36 PM PST by Fruitbat
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To: forty_years

Radical Islam is an insane murder cult, moderate Islam is its Trojan Horse in the West.


46 posted on 03/21/2006 10:01:16 PM PST by Travis McGee (--- www.EnemiesForeignAndDomestic.com ---)
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To: neverdem
He also reportedly told Rabb that a 10-day permit would cost $250,

well, THAT's pretty steep!

aside from that: another moaning mohammedian.

47 posted on 03/21/2006 10:21:36 PM PST by King Prout (DOWN with the class-enemies at Google! LONG LIVE THE PEOPLE'S CUBE!)
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To: Gordongekko909

so one would think.


48 posted on 03/21/2006 10:24:09 PM PST by King Prout (DOWN with the class-enemies at Google! LONG LIVE THE PEOPLE'S CUBE!)
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To: forty_years
Everything they have they stole and they'll keep doing what has worked for them until they are stopped.

Here's a little review of history, just so that everyone knows the score:


What Arab Civilization?

This letter was sent to Carly Fiorina, CEO of Hewlett Packard Corporation, in response to a speech given by her on September 26, 2001.


November 7, 2001

Carly Fiorina
Hewlett-Packard
3000 Hanover Street
Palo Alto, CA 94304-1185

Dear Madame Fiorina:

It is with great interest that I read your speech delivered on September 26, 2001, titled "Technology, Business and Our way of Life: What's Next" [sic]. I was particularly interested in the story you told at the end of your speech, about the Arab/Muslim civilization. As an Assyrian, a non-Arab, Christian native of the Middle East, whose ancestors reach back to 5000 B.C., I wish to clarify some points you made in this little story, and to alert you to the dangers of unwittingly being drawn into the Arabist/Islamist ideology, which seeks to assimilate all cultures and religions into the Arab/Islamic fold.

I know you are a very busy woman, but please find ten minutes to read what follows, as it is a perspective that you will not likely get from anywhere else. I will answer some of the specific points you made in your speech, then conclude with a brief perspective on this Arabist/Islamist ideology.

Arabs and Muslims appeared on the world scene in 630 A.D., when the armies of Muhammad began their conquest of the Middle East. We should be very clear that this was a military conquest, not a missionary enterprise, and through the use of force, authorized by a declaration of a Jihad against infidels, Arabs/Muslims were able to forcibly convert and assimilate non-Arabs and non-Mulsims into their fold. Very few indigenous communities of the Middle East survived this -- primarily Assyrians, Jews, Armenians and Coptics (of Egypt).

Having conquered the Middle East, Arabs placed these communities under a Dhimmi (see the book Dhimmi, by Bat Ye'Or) system of governance, where the communities were allowed to rule themselves as religious minorities (Christians, Jews and Zoroastrian). These communities had to pay a tax (called a Jizzya in Arabic) that was, in effect, a penalty for being non-Muslim, and that was typically 80% in times of tolerance and up to 150% in times of oppression. This tax forced many of these communities to convert to Islam, as it was designed to do.

You state, "its architects designed buildings that defied gravity." I am not sure what you are referring to, but if you are referring to domes and arches, the fundamental architectural breakthrough of using a parabolic shape instead of a spherical shape for these structures was made by the Assyrians more than 1300 years earlier, as evidenced by their archaeological record.

You state, "its mathematicians created the algebra and algorithms that would enable the building of computers, and the creation of encryption." The fundamental basis of modern mathematics had been laid down not hundreds but thousands of years before by Assyrians and Babylonians, who already knew of the concept of zero, of the Pythagorean Theorem, and of many, many other developments expropriated by Arabs/Muslims (see History of Babylonian Mathematics, Neugebauer).

You state, "its doctors examined the human body, and found new cures for disease." The overwhelming majority of these doctors (99%) were Assyrians. In the fourth, fifth, and sixth centuries Assyrians began a systematic translation of the Greek body of knowledge into Assyrian. At first they concentrated on the religious works but then quickly moved to science, philosophy and medicine. Socrates, Plato, Aristotle, Galen, and many others were translated into Assyrian, and from Assyrian into Arabic. It is these Arabic translations which the Moors brought with them into Spain, and which the Spaniards translated into Latin and spread throughout Europe, thus igniting the European Renaissance.

By the sixth century A.D., Assyrians had begun exporting back to Byzantia their own works on science, philosophy and medicine. In the field of medicine, the Bakhteesho Assyrian family produced nine generations of physicians, and founded the great medical school at Gundeshapur (Iran). Also in the area of medicine, (the Assyrian) Hunayn ibn-Ishaq's textbook on ophthalmology, written in 950 A.D., remained the authoritative source on the subject until 1800 A.D.

In the area of philosophy, the Assyrian philosopher Job of Edessa developed a physical theory of the universe, in the Assyrian language, that rivaled Aristotle's theory, and that sought to replace matter with forces (a theory that anticipated some ideas in quantum mechanics, such as the spontaneous creation and destruction of matter that occurs in the quantum vacuum).

One of the greatest Assyrian achievements of the fourth century was the founding of the first university in the world, the School of Nisibis, which had three departments, theology, philosophy and medicine, and which became a magnet and center of intellectual development in the Middle East. The statutes of the School of Nisibis, which have been preserved, later became the model upon which the first Italian university was based (see The Statutes of the School of Nisibis, by Arthur Voobus).

When Arabs and Islam swept through the Middle East in 630 A.D., they encountered 600 years of Assyrian Christian civilization, with a rich heritage, a highly developed culture, and advanced learning institutions. It is this civilization that became the foundation of the Arab civilization.

You state, "Its astronomers looked into the heavens, named the stars, and paved the way for space travel and exploration." This is a bit melodramatic. In fact, the astronomers you refer to were not Arabs but Chaldeans and Babylonians (of present day south-Iraq), who for millennia were known as astronomers and astrologers, and who were forcibly Arabized and Islamized -- so rapidly that by 750 A.D. they had disappeared completely.

You state, "its writers created thousands of stories. Stories of courage, romance and magic. Its poets wrote of love, when others before them were too steeped in fear to think of such things." There is very little literature in the Arabic language that comes from this period you are referring to (the Koran is the only significant piece of literature), whereas the literary output of the Assyrians and Jews was vast. The third largest corpus of Christian writing, after Latin and Greek, is by the Assyrians in the Assyrian language (also called Syriac; see here.)

You state, "when other nations were afraid of ideas, this civilization thrived on them, and kept them alive. When censors threatened to wipe out knowledge from past civilizations, this civilization kept the knowledge alive, and passed it on to others." This is a very important issue you raise, and it goes to the heart of the matter of what Arab/Islamic civilization represents. I reviewed a book titled How Greek Science Passed to the Arabs, in which the author lists the significant translators and interpreters of Greek science. Of the 22 scholars listed, 20 were Assyrians, 1 was Persian and 1 an Arab. I state at the end of my review: "The salient conclusion which can be drawn from O'Leary's book is that Assyrians played a significant role in the shaping of the Islamic world via the Greek corpus of knowledge. If this is so, one must then ask the question, what happened to the Christian communities which made them lose this great intellectual enterprise which they had established. One can ask this same question of the Arabs. Sadly, O'Leary's book does not answer this question, and we must look elsewhere for the answer." I did not answer this question I posed in the review because it was not the place to answer it, but the answer is very clear, the Christian Assyrian community was drained of its population through forced conversion to Islam (by the Jizzya), and once the community had dwindled below a critical threshold, it ceased producing the scholars that were the intellectual driving force of the Islamic civilization, and that is when the so called "Golden Age of Islam" came to an end (about 850 A.D.).

Islam the religion itself was significantly molded by Assyrians and Jews (see Nestorian Influence on Islam and Hagarism: the Making of the Islamic World).

Arab/Islamic civilization is not a progressive force, it is a regressive force; it does not give impetus, it retards. The great civilization you describe was not an Arab/Muslim accomplishment, it was an Assyrian accomplishment that Arabs expropriated and subsequently lost when they drained, through the forced conversion of Assyrians to Islam, the source of the intellectual vitality that propelled it. What other Arab/Muslim civilization has risen since? What other Arab/Muslim successes can we cite?

You state, "and perhaps we can learn a lesson from his [Suleiman] example: It was leadership based on meritocracy, not inheritance. It was leadership that harnessed the full capabilities of a very diverse population that included Christianity, Islamic, and Jewish traditions." In fact, the Ottomans were extremely oppressive to non-Muslims. For example, young Christian boys were forcefully taken from their families, usually at the age of 8-10, and inducted into the Janissaries, (yeniceri in Turkish) where they were Islamized and made to fight for the Ottoman state. What literary, artistic or scientific achievements of the Ottomans can we point to? We can, on the other hand, point to the genocide of 750,000 Assyrians, 1.5 million Armenians and 400,000 Greeks in World War One by the Kemalist "Young Turk" government. This is the true face of Islam.

Arabs/Muslims are engaged in an explicit campaign of destruction and expropriation of cultures and communities, identities and ideas. Wherever Arab/Muslim civilization encounters a non-Arab/Muslim one, it attempts to destroy it (as the Buddhist statues in Afghanistan were destroyed, as Persepolis was destroyed by the Ayotollah Khomeini). This is a pattern that has been recurring since the advent of Islam, 1400 years ago, and is amply substantiated by the historical record. If the "foreign" culture cannot be destroyed, then it is expropriated, and revisionist historians claim that it is and was Arab, as is the case of most of the Arab "accomplishments" you cited in your speech. For example, Arab history texts in the Middle East teach that Assyrians were Arabs, a fact that no reputable scholar would assert, and that no living Assyrian would accept. Assyrians first settled Nineveh, one of the major Assyrian cities, in 5000 B.C., which is 5630 years before Arabs came into that area. Even the word 'Arab' is an Assyrian word, meaning "Westerner" (the first written reference to Arabs was by the Assyrian King Sennacherib, 800 B.C., in which he tells of conquering the "ma'rabayeh" -- Westerners. See The Might That Was Assyria, by H. W. F. Saggs).

Even in America this Arabization policy continues. On October 27th a coalition of seven Assyrian and Maronite organizations sent an official letter to the Arab American Institute asking it to stop identifying Assyrians and Maronites as Arabs, which it had been deliberately doing.

There are minorities and nations struggling for survival in the Arab/Muslim ocean of the Middle East and Africa (Assyrians, Armenians, Coptics, Jews, southern Sudanese, Ethiopians, Nigerians...), and we must be very sensitive not to unwittingly and inadvertently support Islamic fascism and Arab Imperialism, with their attempts to wipe out all other cultures, religions and civilizations. It is incumbent upon each one of us to do our homework and research when making statements and speeches about these sensitive matters.

I hope you found this information enlightening. For more information, refer to the web links below. You may contact me at keepa@ninevehsoft.com for further questions.

Thank you for your consideration.

Peter BetBasoo

Web resources:

Brief History of Assyrians
Assyrian International News Agency
Assyrian American National Federation
Assyrian Academic Society
Zinda Magazine
Beth Suryoyo
Nineveh Online
World Maronite Union
Maronite Research Council
World Lebanese Organization
Coptic Web
 

Hosted here.

49 posted on 03/21/2006 10:29:24 PM PST by the anti-liberal (Hey, Al Qaeda: Violence is the last refuge of the incompetent)
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To: King Prout

No way in hell!


50 posted on 03/21/2006 10:33:50 PM PST by oldenuff2no
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To: oldenuff2no

eh?

I'm tired, so please clarify: "No way in hell" what?


51 posted on 03/21/2006 10:35:38 PM PST by King Prout (DOWN with the class-enemies at Google! LONG LIVE THE PEOPLE'S CUBE!)
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To: the anti-liberal

great post.
adding a link to it to my biopage


52 posted on 03/21/2006 10:38:12 PM PST by King Prout (DOWN with the class-enemies at Google! LONG LIVE THE PEOPLE'S CUBE!)
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To: motorola7

I thought it was called Utah.


53 posted on 03/22/2006 12:11:02 AM PST by stylin19a (Do you still have sex or are you already playing golf?)
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To: Sam Cree
My understanding is that there is no legal way for a citizen in good standing to lose or give up their Constitutional rights, regardless of any agreement he may sign with another party.

Incorrect. See Taylor vs Taintor.

L

54 posted on 03/22/2006 12:20:40 AM PST by Lurker (I trust in God. Everyone else shows me their hands.)
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To: forty_years
... “Islam 4 the World,” an organization sponsored by Sharjah, one of the constituent emirates of the United Arab Emirates.[5] While the Islamic Center for Human Excellence has yet to articulate detailed plans for its Little Rock enclave, the group’s reliance on foreign funding is troublesome. Past investments by the United Arab Emirates’ rulers and institutions have promoted radical interpretations of Islam.

I dont want to seem to reignite the controversy, but tell me, did a heated debate take place lately on FR regarding port operations and the UAE lately?
55 posted on 03/22/2006 3:36:41 AM PST by ch.man
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To: Dark Skies
"The late Saudi theologian, Sheikh Muhammad bin Ibrahim al-Jubair, for example, stated,

Only one ambition is worthy of Islam, to save the world from the curse of democracy: to teach men that they cannot rule themselves on the basis of man-made laws. Mankind has strayed from the path of God, we must return to that path or face certain annihilation."

This is the whole crux of the war.

Allowing them any cover under our constitution to undermine us, will only lead to our annihilation.

It is time to defend the republic, or loose it!

56 posted on 03/22/2006 3:54:31 AM PST by Kakaze (I'm now a single issue voter.....exterminate Al Quaida)
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To: the anti-liberal
. . . the Christian Assyrian community was drained of its population through forced conversion to Islam (by the Jizzya), and once the community had dwindled below a critical threshold, it ceased producing the scholars that were the intellectual driving force of the Islamic civilization, and that is when the so called "Golden Age of Islam" came to an end (about 850 A.D.).

I might quibble over a point or two, and take issue with something or other, but overall, this is really, really, really very good stuff.  Thanks for posting the letter.

An added gift from the letter writer is that by following his review link I end up at the AINA Books Online page, where, in addition to How Greek Science Passed to the Arabs, I find a mini virtual library of Assyrian history

57 posted on 03/22/2006 4:30:24 AM PST by Racehorse (Where your treasure is, there will your heart be also.)
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To: etcetera
etcetera writes:
The only ways left are to amend the Constitution, which is unlikely

I think at some point in the future, when the real war with Islam begins and Islam's thrust for world (and American) domination has been revealed, it may become more likely.

The First Amendment must be re-written to specifically establish that "Islam" is not a "religion" that is recognized under the United States Constitution, and is not subject to the protections thereof (to which other religions are entitled).

We must prevent Islamics from using our own Constitution against us, while they bide time and build control. Given _enough_ control and political power, at some point in the future they will move to set aside the Constitution for Sharia (or, perhaps rewrite the First Amendment THEMSELVES).

Before the "Constitutional absolutists" jump in with their rebuttals, I contend We must "do it to them" before they "do it to us". There is no other choice. As was once said, "the Constitution is not a suicide pact".

By maintaining Constitutional "protections" for Islam - a politcal/religious cult which seeks to destroy or dhimmify us all - we are literally handing them the weapon and ammunition with which to kill us.

Flame away, but I DO NOT believe that all persons are "equal under the law", specifically, Islamics. And if we are unwilling to do something about them, the time will come when they do something about US.

Cheers! - John

58 posted on 03/22/2006 5:26:13 AM PST by Fishrrman
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To: Lurker
"Incorrect. See Taylor vs Taintor."

Googling the case did not show support for the above statement. Perhaps you could have been more specific about your position, and actually supported it with an argument.

59 posted on 03/22/2006 6:22:09 AM PST by Sam Cree (absolute reality) - ("Reality is merely an illusion, albeit a very persistent one." Albert Einstein)
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To: Sam Cree
In Taylor vs Taintor the SCOTUS ruled that a bail bondsman had the right and the duty to do things that would ordinarily violate a bail jumpers rights if done by a Sheriff.

Those things included but weren't limited to; crossing a State line to effect an arrest, enter a home without warning, make an arrest at night and on the Sabbath, search without a Warrant, and other things.

The Courts reasoning was that the absconder had signed a contract waiving his or her legal rights therefore the bondsman or his agent could do whatever was necessary to enforce the contract.

People can and do sign away their Constitutional rights every day. It's not always smart, but it's all legal and proper.

If you don't believe me, ask a bail bondsman in your State.

L

60 posted on 03/22/2006 6:50:33 AM PST by Lurker (I trust in God. Everyone else shows me their hands.)
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