The Islamophobic blogosphere has gone buck-wild. Robert Spencer, Pamela Geller, and the rest of the goof troop are pretty ecstatic that Major Nidal Hasan, a Muslim American, killed thirteen U.S. soldiers at Fort Hood. Nothing makes a neo-conservative happier than an attack on American soil; as the family of the victims mourn the dead, the anti-Muslim ideologues gleefully co-opt the situation to market their hate-filled beliefs.
The Islamophobes claim that Major Hasan was simply “being a devout Muslim” when he opened fire on his fellow soldiers. According to them, this is a part of Jihad, an obligation in Islam. As such, the enemy is not just extremists, radicals, or terrorists; but rather, it is Islam itself. It is not then a gross perversion of a religion by zealots that result in such horrific attacks, but rather the exact opposite: it is a faithful understanding of the Islamic religion which results in terrorism. That’s what they claim at least.
There is, according to these anti-Muslim bigots, a conspiracy by Muslim Americans to overtake the country from within. The tactics to do so can be non-violent (”Stealth Jihad”) or overtly violent (such as 9/11 or the Fort Hood Massacre), but the goal is the same: to overthrow the U.S. government, rip the Constitution to shreds, and enact Sharia (Islamic law) in the West. It is for this reason, you–the average American Joe–need to fear your Muslim neighbor.
The Covenant of Security
But experts of the Islamic legal tradition say differently. The Islamic religion commands believers to obey the laws of the land they live in, even if it be one ruled by nonbelievers. Muslim jurists consider citizenship (or visa) to be a covenant (aqd) held between the citizen (or visa holder) and the state, one which guarantees safe passage/security (amaan) in exchange for certain obligations (such as obeying the laws of the land); covenants are considered sacredly binding in Islam. The Quran commands:
And fulfill every covenant. Verily, you will be held accountable with regard to the covenants. (Quran, 17:34)
The Quran condemns those who break covenants as not being true believers:
It is not the case that every time they make a covenant, some party among them throws it aside. Nay! The truth is most of them believe not. (Quran, 2:100)
The Islamic prophet Muhammad described the religious hypocrite as follows:
When he enters into a covenant, he proves treacherous. (Sahih al-Bukhari)
Citizenship (and visa) is called in Islamic legal parlance as a “covenant of security” (aqd al-aman). For over a thousand years, Muslim scholars have rigorously affirmed the binding nature of the covenant of security. This covenant of security can be of two types: (1) a contractual agreement or (2) a customary understanding.
Naturalized citizens in the United States enter into a contractual agreement with the government when they declare the oath of allegiance, as follows:
“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same…”
A Muslim is obliged to keep to his word, and thus this oath is religiously binding upon him.
Natural born citizens, on the other hand, do not utter any such oath, so they fall under the second category under Islamic law. The covenant of security is considered for them a customary understanding, in the sense that even though they did not physically say an oath or sign a document of loyalty, it is understood that there exists between the citizen and the government a covenant of security; this, i.e. customary understanding, is considered by Islamic law to be just as binding as the contractual agreement. There is no difference between the two.
Read more here.
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