American Muslim juristsrule that forcing a wife to
have sex is not rape
Exposing their ignorance, there have been those in the media who have arrogantly dismissed Oklahoma’s proposed amendment that would prohibit its courts from using sharia law in deciding cases.
They assert that there is no threat from sharia to America. We beg to differ.
As our friend and historian Andrew Bostom notes in his column below, the Assembly of Muslim Jurists of America has ruled that a husband forcing his wife to have sexual relations is not rape. Scroll down to the highlighted segment to read their fatwa on this matter.
As you read it, remember—this is the Assembly of Muslim Jurists of AMERICA—not Iran or Saudi Arabia.
If you would like to help out our efforts to win passage of the ballot initiative in Oklahoma, where we have been running a radio ad statewide for nearly two weeks and doing hundreds of thousands of automated calls, please click here.
Sharia-Sanctioned Marital Rape in Britain—And North America
Posted By Andrew Bostom On October 14, 2010
Britain’s Sharia Council Avatars of Islamic Misogyny
(Maulana Abu Sayeed being seated second, going from right to left)
As reported in the UK Independent  (10/14/10), president of the Islamic Sharia Council in Britain, Sheikh Maulana Abu Sayeed, has reiterated alarming comments made during a March, 2010 interview , sanctioning marital rape.
Sheikh Sayeed was in fact responding to an inchoate effort at modernizing the contracts which govern Muslim marriages in Britain. The good Sheikh, representing Britain’s main Islamic Sharia court, the Islamic Sharia Council , promptly published a rebuttal of the contract, which included a statement on sexual abuse (page 6 here ). He opined  in the March interview:
Clearly there cannot be any “rape” within the marriage. Maybe “aggression”, maybe “indecent activity.”
He further rejected both the characterization of non-consensual marital sex as rape, and the prosecution of such offenders as “not Islamic.” Sheikh Sayeed, who came to Britain from Bangladesh in 1977, also brazenly expressed his Sharia-supremacism and accompanying disdain for Western, i.e., British Law, stating
…to make it exactly as the Western culture demands is as if we are compromising Islamic religion with secular non-Islamic values.
Sayeed re-affirmed these sentiments to The UK Independent :
In Islamic sharia, rape is adultery by force. So long as the woman is his wife, it cannot be termed as rape.
Crowing with pride during his March 2010 interview , Sheikh Sayeed maintained,
No other sharia council can claim they are so diverse as ours because other sharia councils, they are following one school of fiqh [Islamic jurisprudence]. Ours is diverse –we are hanafi, shafi’i, hanbali.we have Bangladeshi…we have Pakistani, we have Indian, we have Palestinian, we have Somali scholars on our board.
At present there are 16 main sharia courts around Britain, located in Birmingham, Bradford, and Ealing in West London. These institutions are “complemented” by more informal sharia-based tribunals—the think tank Civitas asserting that up to 85 tribunals currently exist  in Britain.
But for those who naively—and smugly—proclaim such phenomena are absent within the Muslim communities of North America, consider AMJA, the Assembly of Muslim Jurists of America . AMJA’s mission statement claims the organization was, “…founded to provide guidance for Muslims living in North America…AMJA is a religious organization that does not exploit religion to achieve any political ends, but instead provides practical solutions within the guidelines of Islam and the nation’s laws to the various challenges experienced by Muslim communities.”
In response to the specific query, “Is there a such thing as Marital Rape?,” the AMJA issued fatwa #2982 :
In the name of Allah, all praise is for Allah, and may peace and blessing be upon the Messenger of Allah and his family. To proceed:
For a wife to abandon the bed of her husband without excuse is haram [forbidden]. It is one of the major sins and the angels curse her until the morning as we have been informed by the Prophet (may Allah bless him and grant him peace). She is considered nashiz (rebellious) under these circumstances. As for the issue of forcing a wife to have sex, if she refuses, this would not be called rape, even though it goes against natural instincts and destroys love and mercy, and there is a great sin upon the wife who refuses; and Allah Almighty is more exalted and more knowledgeable.
An ocean apart from Britain—now a recognized Western hotbed for “Islamic fundamentalism”—the same Sharia-sanctioned misogynistic bigotry prevails in a North American clerical organization openly advising US and Canadian Muslims.
Two UCLA economists say they have figured out why the Great Depression dragged on for almost 15 years, and they blame a suspect previously thought to be beyond reproach: President Franklin D. Roosevelt.
After scrutinizing Roosevelt's record for four years, Harold L. Cole and Lee E. Ohanian conclude in a new study that New Deal policies signed into law 71 years ago thwarted economic recovery for seven long years.
"Why the Great Depression lasted so long has always been a great mystery, and because we never really knew the reason, we have always worried whether we would have another 10- to 15-year economic slump," said Ohanian, vice chair of UCLA's Department of Economics. "We found that a relapse isn't likely unless lawmakers gum up a recovery with ill-conceived stimulus policies."
In an article in the August issue of the Journal of Political Economy, Ohanian and Cole blame specific anti-competition and pro-labor measures that Roosevelt promoted and signed into law June 16, 1933.
"President Roosevelt believed that excessive competition was responsible for the Depression by reducing prices and wages, and by extension reducing employment and demand for goods and services," said Cole, also a UCLA professor of economics. "So he came up with a recovery package that would be unimaginable today, allowing businesses in every industry to collude without the threat of antitrust prosecution and workers to demand salaries about 25 percent above where they ought to have been, given market forces. The economy was poised for a beautiful recovery, but that recovery was stalled by these misguided policies."
Using data collected in 1929 by the Conference Board and the Bureau of Labor Statistics, Cole and Ohanian were able to establish average wages and prices across a range of industries just prior to the Depression. By adjusting for annual increases in productivity, they were able to use the 1929 benchmark to figure out what prices and wages would have been during every year of the Depression had Roosevelt's policies not gone into effect. They then compared those figures with actual prices and wages as reflected in the Conference Board data.
In the three years following the implementation of Roosevelt's policies, wages in 11 key industries averaged 25 percent higher than they otherwise would have done, the economists calculate. But unemployment was also 25 percent higher than it should have been, given gains in productivity.
Meanwhile, prices across 19 industries averaged 23 percent above where they should have been, given the state of the economy. With goods and services that much harder for consumers to afford, demand stalled and the gross national product floundered at 27 percent below where it otherwise might have been.
"High wages and high prices in an economic slump run contrary to everything we know about market forces in economic downturns," Ohanian said. "As we've seen in the past several years, salaries and prices fall when unemployment is high. By artificially inflating both, the New Deal policies short-circuited the market's self-correcting forces."
The policies were contained in the National Industrial Recovery Act (NIRA), which exempted industries from antitrust prosecution if they agreed to enter into collective bargaining agreements that significantly raised wages. Because protection from antitrust prosecution all but ensured higher prices for goods and services, a wide range of industries took the bait, Cole and Ohanian found. By 1934 more than 500 industries, which accounted for nearly 80 percent of private, non-agricultural employment, had entered into the collective bargaining agreements called for under NIRA.
Cole and Ohanian calculate that NIRA and its aftermath account for 60 percent of the weak recovery. Without the policies, they contend that the Depression would have ended in 1936 instead of the year when they believe the slump actually ended: 1943.
Roosevelt's role in lifting the nation out of the Great Depression has been so revered that Time magazine readers cited it in 1999 when naming him the 20th century's second-most influential figure.
"This is exciting and valuable research," said Robert E. Lucas Jr., the 1995 Nobel Laureate in economics, and the John Dewey Distinguished Service Professor of Economics at the University of Chicago. "The prevention and cure of depressions is a central mission of macroeconomics, and if we can't understand what happened in the 1930s, how can we be sure it won't happen again?"
NIRA's role in prolonging the Depression has not been more closely scrutinized because the Supreme Court declared the act unconstitutional within two years of its passage.
"Historians have assumed that the policies didn't have an impact because they were too short-lived, but the proof is in the pudding," Ohanian said. "We show that they really did artificially inflate wages and prices."
Even after being deemed unconstitutional, Roosevelt's anti-competition policies persisted — albeit under a different guise, the scholars found. Ohanian and Cole painstakingly documented the extent to which the Roosevelt administration looked the other way as industries once protected by NIRA continued to engage in price-fixing practices for four more years.
The number of antitrust cases brought by the Department of Justice fell from an average of 12.5 cases per year during the 1920s to an average of 6.5 cases per year from 1935 to 1938, the scholars found. Collusion had become so widespread that one Department of Interior official complained of receiving identical bids from a protected industry (steel) on 257 different occasions between mid-1935 and mid-1936. The bids were not only identical but also 50 percent higher than foreign steel prices. Without competition, wholesale prices remained inflated, averaging 14 percent higher than they would have been without the troublesome practices, the UCLA economists calculate.
NIRA's labor provisions, meanwhile, were strengthened in the National Relations Act, signed into law in 1935. As union membership doubled, so did labor's bargaining power, rising from 14 million strike days in 1936 to about 28 million in 1937. By 1939 wages in protected industries remained 24 percent to 33 percent above where they should have been, based on 1929 figures, Cole and Ohanian calculate. Unemployment persisted. By 1939 the U.S. unemployment rate was 17.2 percent, down somewhat from its 1933 peak of 24.9 percent but still remarkably high. By comparison, in May 2003, the unemployment rate of 6.1 percent was the highest in nine years.
Recovery came only after the Department of Justice dramatically stepped enforcement of antitrust cases nearly four-fold and organized labor suffered a string of setbacks, the economists found.
"The fact that the Depression dragged on for years convinced generations of economists and policy-makers that capitalism could not be trusted to recover from depressions and that significant government intervention was required to achieve good outcomes," Cole said. "Ironically, our work shows that the recovery would have been very rapid had the government not intervened."