Bernard-Henri Lévy: Libya, Sharia, and Us

[ellisonz]

Libya, Sharia, and Us
Posted: 11/3/11 05:37 PM ET

What should we think of this sharia affair? Could it be that we have supported the insurgents of Benghazi, only to discover, when it's all over, a State that forbids divorce and re-establishes polygamy? Details. Explanations.

1. It all began with one phrase. A single phrase. Of course, this phrase didn't come from just anyone, since it was uttered by Mustafa Abdeljalil, the President of the National Transitional Council and father of the victory. But, president or not, Abdeljalil is a member of a Council whose decisions are collegial. And this Council is, as its name indicates, an organ of transition whose purpose is not to decree the laws of the future Libya.

--------

2. There is sharia, and then there is sharia. And before going on and on about regression and glaciation, we would do well to know what we're talking about.

-------

3. In light of this problem, the question of what "path" Libya will chose is to be expected.
It goes without saying that we can anticipate a new battle, an ideological one in which the task will be to arbitrate between the minority who interpret sharia as the fanatics do and those who wish to see a compromise between sharia and the democratic ideal.

http://www.huffingtonpost.com/bernardhenri-levy/libya-sharia-and-us_b_1074660.html

I selected the three main points - in between there are supporting arguments. :hide:

[libinnyandia]

1. Divorce forbidden

I thought that it is relatively easy to divorce in Islam.

[ellisonz]

5. It is very rare...

Contrary to Christianity, Islam does not regard marriages as "made in heaven" or "till death do us part". They are contracts, with conditions. If either side breaks the conditions, divorce is not only allowed, but usually expected. Nevertheless, a hadith makes it clear that: "Of all the things God has allowed, divorce is the most disliked."

A Muslim has a genuine reason for divorce only if a spouse's behaviour goes against the sunnah of Islam - in other words, if he or she has become cruel, vindictive, abusive, unfaithful, neglectful, selfish, sexually abusive, tyrannical, perverted - and so on.

In good Islamic practice, before divorce can be contemplated, all possible efforts should be made to solve a couple's problems. After an intention to divorce is announced, there is a three-month period during which more attempts are made at reconciliation.

If, by the end of each month, the couple have resumed sexual intimacy, the divorce should not proceed. The three-month rule ensures that a woman cannot remarry until three menstrual cycles have passed - so, if she happens to be pregnant, the child will be supported and paternity will not be in dispute.

http://www.islamfortoday.com/ruqaiyyah09.htm

[MedleyMisty]

2. I don't get why people think it's our right to dictate what kind of government Libyans should have

They fought and bled and died to choose their own government. We may yet get to that point, but right now most Americans are just sitting comfortably in their living rooms, safe and whole, telling Libyans they're doing it wrong. Smells like privilege and prejudice against Arabs to me.

Plus, if said Americans actually bothered to get to know some Libyans and look at it from their point of view - they're not like our rightwing Christians. There are women in the NTC, including one who is in charge of legal affairs and women's issues. There was at least one woman fighting on the front lines. All the Libyans I know said that polygamy wasn't generally accepted in their society, especially among younger people. There were Libyan hip hop songs dedicated to Libyan women. One of the heroes of the revolution is a woman who told foreign journalists that she had been gang raped by Gaddafi's men.

I just don't see any need for 1, thinking that we have the right to tell other people how to live their own lives, and 2, being all afraid and ignorant.

Libyans will work it out. And for the Westerners who expect total perfection from them - why aren't you "concerned" about our rightwing Christians? There are people in our government advocating that women be charged with murder if they have a miscarriage. Does that mean that Americans don't deserve democracy and should be forced to live under a brutal dictator?

[dameocrat67]

3. maybe we should have just let them work out their civil war for themselves

too it would have saved us a lot of money. you neolibs only become non interventionist after you intervene.

[ellisonz]

7. Ok. Who would that have served?

[dameocrat67]

4. standard hypocracy from the neocons

we intervene for womens rights because it is callous to let the situation fester, and destroy womens rights, and install the type of government we claim we are fighting.

[mainer]

6. +1

We already have dictated what we wanted, by overthrowing Gaddafi, and this is the result. Whoops.

[ellisonz]

8. Ignoring human rights of course...