Could There Ever Be A Muslim Supreme Court Justice?
Farhan Memon recently wrote an article arguing that there are three basic reasons there will not be a Muslim Supreme Court Justice “within our lifetime”:
1) He argues that there are no appellate or district court judges thus “Without any players on the Bench, as it were, we cannot expect a Muslim to make it to the Supreme Court. ”
2) “A significant number of Americans have an unfavorable opinion about Islam and Muslims that is growing stronger.” The white majority, in this “sacred democracy”, despise Muslims, so we’re out of luck!
3) Third, the United States is involved in multiple wars around the world, both open and covert, with countries that have Muslim majority populations. Although both Presidents Bush and Obama have repeatedly stated that America is not at war with Islam, the repeated mention on the nightly news of the “Islamic radicals” “Islamic terrorists” and “Islamic militias” who we are fighting makes it hard for the ordinary citizen and politician to discern between the Muslim enemy and the Muslim American. The nomination of a Muslim would be sure to ignite accusations of “putting our enemy on the Supreme Court.”
When I read this article, as a Muslim American, I couldn’t help but feel nauseous! Have Muslims in America forgotten who they are? What does it mean to be a Muslim anyway? I recently heard a speaker representing an organization called “Furqan” at Masjid At-Taqwa giving a khutbah wherein he mentioned that several polls show that out of the approximate 7 million Muslims in America, only 410,000 of them attend Jumu’ah prayer. No surprise there! What is my point, I’m sure your asking! My point is Muslim Americans want to be accepted by society, “included”, allowed the same priveleges as say the American Catholics. But at what expense? Is it At the expense of Tawhid?
When I read this article I was hoping that maybe, just maybe, the author would care enough to mention the fact that the Qur’an clearly stipulates that Muslims are to judge by what Allah revealed, not the whims of men; in this case congress or the Supreme Court of the USA. In fact, the very underlying premise of the article, that “Muslims” should be “Justices” is so unIslamic that I honestly wonder if Muslims even care to read the Qur’an anymore!
To justify my point, simply open the Qur’an to Surat Al-Ma’idah wherein Allah ta’ala states:
- “It was We who revealed the law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the prophets who bowed (as in Islam) to Allah’s will, by the rabbis and the doctors of law: for to them was entrusted the protection of Allah’s book, and they were witnesses thereto: therefore fear not men, but fear me, and sell not my signs for a miserable price. If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) Unbelievers. We ordained therein for them: “Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal.” But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers. And in their footsteps We sent Jesus the son of Mary, confirming the Law that had come before him: We sent him the Gospel: therein was guidance and light, and confirmation of the Law that had come before him: a guidance and an admonition to those who fear Allah. Let the people of the Gospel judge by what Allah hath revealed therein. If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) those who rebel. To thee We sent the Scripture in truth, confirming the scripture that came before it, and guarding it in safety: so judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the Truth that hath come to thee. To each among you have we prescribed a law and an open way. If Allah had so willed, He would have made you a single people, but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is to Allah; it is He that will show you the truth of the matters in which ye dispute; And this (He commands): Judge thou between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away, be assured that for some of their crime it is Allah’s purpose to punish them. And truly most men are rebellious. Do they then seek after a judgment of (the days of) ignorance? But who, for a people whose faith is assured, can give better judgment than Allah?” ((Ma’idah 5:44-51 http://quran.islamicnetwork.com/quran.php?q=5:44-51 ))
So recall my first question, “Have Muslims forgotten who they are?” Well the Qur’an definitely defines a Muslim as one who judges by what Allah ta’ala has revealed, and not one that “follows their vain desires”. Our identity as Muslims, the flagbearers of true Islamic Monotheism, is on the verge of being lost simply because we prefer to “fit in”, “be accepted”, and “join the crowds” of disbelieving pagans and man worshippers in their desire to ignore Allah’s commandments!
I understand that some are uncomfortable discussing this issue due to some sects that make this the SOLE issue of Islam. It is true that there are groups of Muslims who brand anyone who judges by other than the shari’ah a disbelieving pagan who is judged an apostate and etc … I am not, within this article, claiming such, nor do I subscribe to such general accusations of takfir without further delving into the matter. Rather, the point that I am trying to make is that our Majestic Lord has warned us of the blunders of the nations that came before us in abandoning Providencial law! Allah describes them as “disbelievers”, “rebels”, “wrong-doers”, and even warns of eternal damnation. Yet, some ‘Muslims’ simply turn their faces away from the Divine command!
Imam At-Tabari in his Tafsir mentions from some of the tabi’in, such as Ash-Sha’bi, that an argument broke out amongst a Jew and a “muslim” (another report says Munafiq – or hypocrite) and the jew demanded that they take the case to the Prophet Muhammad because:
لأنه قد علم أن رسول الله صلى الله عليه وسلم لا يأخذ الرشوة في الحكم
“He knew that the Messenger of Allah would not take a bribe regarding judgement.”
So they disagreed regarding this issue, ( فاتفقا على أن يأتيا كاهناً في جهينة) and eventually agreed on seeking judgement from a Kaahin (soothsayer) in Juhaynah. So Allah, the Majestic, revealed:
أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُواْ بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُواْ إِلَى الطَّاغُوتِ وَقَدْ أُمِرُواْ أَن يَكْفُرُواْ بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلَّهُمْ ضَلاَلاً بَعِيداً
“Have you not seen those who claim to have believed in what was revealed to you, [O Muhammad], and what was revealed before you? They wish to refer legislation to Taghut, while they were commanded to reject it; and Satan wishes to lead them far astray.”
[Taken from Tafsir At-Tabari a.ka.: تفسير جامع البيان في تفسير القرآن beneath this verse. Also see Fakhr-Ud-Din Ar-Raazi's تفسير مفاتيح الغيب where he states "and many of the exegetes hold this view". Imam Al-Baydawi, the Shafi'i exegete and jurist also quotes this explanation though he ascribes it to the companion Abdullah ibn 'Abbas. See تفسير انوار التنزيل واسرار التأويل . As-Suyuti in his Tafsir Al-Jalalayn states that the Taghut was actually the disbeliever Ka'ab ibn Al-Ashraf]
So there are several issues that can be extracted from this verse that pertain to the issue at hand.
1) A jew and a “Muslim” decide to seek judgement from other than Allah, specifically a soothsayer.
Allah ta’ala calls the one who is judging by other than the Book of Allah and the verdict of His Messenger (‘alayhis salam) a “Taghut“. This Kaahin, according to Imam As-Suddi was named Abu Burdah Al-Aslami who ended up accepting Islam after this verse was revealed ((see Fakhr-Ud-Din Ar-Raazi’s تفسير مفاتيح الغيب )).
According to Fakhru-Din Ar-Razi, the word “At-Taghut” means “a devil”.
قال عمر ومجاهد وقتادة هو الشيطان
He said, “Umar, Mujahid and Qatadah said that [Taghut] means Ash-Shayton [the devil, or satan].”
In other words, the one who is judging by other than what Allah has revealed is no less than a devil, satanic, and the extreme opposite of the one who is righteous-seeking.
2) In the tafsir of this verse, Imam Fakhr-Ar-Razi quotes the verse:
فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّىَ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُواْ فِي أَنفُسِهِمْ حَرَجاً مِّمَّا قَضَيْتَ وَيُسَلِّمُواْ تَسْلِيماً
“But no, by the Lord, they can have no (real) Faith, until they make thee judge in all disputes between them, and find in their souls no resistance against Thy decisions, but accept them with the fullest conviction.” [4:65]
and states:
وهذا نص في تكفير من لم يرض بحكم الرسول عليه الصلاة والسلام
“And this verse is a clear proof (nass) regarding the ruling of disbelief for whomever is displeased with the ruling of the Messenger ‘alayhis salat wa salam.”
He then quotes the verse:
فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَن تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ
“then let those beware who withstand the Messenger’s order, lest some trial befall them, or a grievous penalty be inflicted on them.”
He comments saying:
وهذا يدل على أن مخالفته معصية عظيمة، وفي هذه الآيات دلائل على أن من رد شيئا من أوامر الله أو أوامر الرسول عليه الصلاة والسلام فهو خارج عن الاسلام
“And this proves that whomever contradicts (or turns away from the orders of the Messenger) is in a horrible sin! And in these verses is proof that whoever rejects a thing from the commands of Allah or a Command of the Messenger (‘alayhis salat wa salam) then he has left the fold of Islam.” ((http://altafsir.com/Tafasir.asp?tMadhNo=1&tTafsirNo=4&tSoraNo=4&tAyahNo=60&tDisplay=yes&Page=2&Size=1&LanguageId=1 ))
This is a Divine warning against seeking judgement from other than Allah, as well as Judging by other than what Allah has revealed. Yet will the Muslims take heed? To be a Muslim is to submit completely with one’s heart to the commands of Allah ta’ala. How then is it possible for a “Muslim” to judge by other than the Divine law? It is impossible for such to exist according the scholars of Sunni law.
So to the Farhan Memons and those of his kind we say that your way is not the way of the Qur’an or the way of our beloved Messenger Muhammad ‘alayhis salam. You do not represent the heart of Islam’s message, and we encourage you and all those who hold your views to read the Qur’an and its exegesis thoroughly. Know as well, that the Jews and Christians will never be pleased with you until you accept their dogmatic views. Allah says in the Qur’an,
وَلَن تَرْضَى عَنكَ الْيَهُودُ وَلاَ النَّصَارَى حَتَّى تَتَّبِعَ مِلَّتَهُمْ قُلْ إِنَّ هُدَى اللّهِ هُوَ الْهُدَى وَلَئِنِ اتَّبَعْتَ أَهْوَاءهُم بَعْدَ الَّذِي جَاءكَ مِنَ الْعِلْمِ مَا لَكَ مِنَ اللّهِ مِن وَلِيٍّ وَلاَ نَصِيرٍ
“Never will the Jews or the Christians be satisfied with thee unless thou follow their form of religion. Say: “The Guidance of Allah,-that is the (only) Guidance.” Wert thou to follow their desires after the knowledge which hath reached thee, then wouldst thou find neither Protector nor helper against Allah.” [2:120]
“Democracy”, the supposed will of the people, is in fact their “desires” that directly contradict the law of our Lord ta’ala.
Muslims who seek their Lord’s pleasure do not seek “inclusion”, they seek Allah’s pleasure and his reward!
May Allah send His infinite Blessings upon the beloved Messenger Muhammad, his followers, companions, and his family! Amin!
mashallah well said bro. i think with the Muslims in America slow acceptance of “democracy” there is a deviance from the principle that you mentioned.
Abu Layth, I’ll still disagree with you on your post of Ibn Taymiyya’s grave site, but you’re on mark here. In the US Muslims are starving for acceptance, infact the discourse now is centralized on that issue, and the question of hakamiyya is no where in the vicinity. The buz word is “integrate” but no one dare define it’s contours and strictures. Intellectually we are bankrupt and our motives have very little to do with asking what does Allah and his Messenger ask of me.
I wonder how many Muslim judges there are in the U.S., I’ve never put any thought into it and I imagine there isn’t even any reliable count, as they’d have to self identify their religion, and then someone would actually have to poll them.
I know of one near you
http://www.indy.gov/eGov/Courts/Superior/CourtInfo/Judges/Pages/shaheed.aspx