The Shortcomings of Muslims, Not Islam
Those who read the memorandum of the “National Commission for the Complete Islamic Constitution” with awareness will not perceive a deficiency in Islam but rather a glaring deficiency among those advocating for Islam. This includes a failure to grasp the realities of contemporary issues and, even more troubling, a lack of understanding of the truths of Islam itself.
The commission displayed intellectual dishonesty. They sensed the need for evasion, much like Dr. Hassan Al-Turabi, but without the immediate pressure of someone like Mr. Philip Abbas Ghaboush forcing them to clarify. Consequently, they resorted to cloaking their vagueness in ornate and superficial language that lacked any substance of truth. On page 8 of their memorandum, under the heading “The Rights of Non-Muslims,” they state: "1. Non-Muslim citizens enjoy full freedom in their religions, worship, and religious education within the bounds of the law. 'There shall be no compulsion in religion; truth stands out clear from error' (2:256). 'Allah does not forbid you from being righteous and just toward those who have not fought you on account of religion or driven you out of your homes. Indeed, Allah loves those who act justly' (60:8). 'You are not over them a compeller, but remind by the Quran those who fear My warning' (50:45)."
"2. They have the right to demand adjudication in their personal matters according to their religious laws or customary traditions."
"3. They are equal to Muslims in other rights and obligations."
This is despite the fact that anyone with even a modest understanding of Sharia knows that non-Muslim citizens - Jews, Christians, and others - are referred to as dhimmis. This term denotes individuals granted safety for their wealth, honor, and lives by Muslims in exchange for paying the jizyah tax. While able-bodied Muslims pay zakat, able-bodied dhimmis pay jizyah. To speak of equality in rights and obligations, therefore, is baseless nonsense.
The verses cited under point 1 above are all abrogated and not enacted within Sharia. They have been superseded by the verse of the sword: "When the sacred months have passed, then kill the polytheists wherever you find them..." (9:5) And by the verse: "Fight those who do not believe in Allah or the Last Day and do not forbid what Allah and His Messenger have forbidden and do not adopt the religion of truth from those who were given the Scripture until they give the jizyah willingly while they are being humiliated." (9:29)
With such unequivocal verses, how can anyone claim that non-Muslims "are equal to Muslims in other rights and obligations"?
Moreover, when you speak of democracy—and you inevitably speak of it when you discuss the constitution - it is not enough to grant equality among citizens in some rights and duties while discriminating among them in others, whether based on creed, race, or class, for example.
There must be complete equality among citizens in all rights and duties - otherwise, do not speak of a constitution, and do not speak of democracy.
