The long and
expensive trial of the French-Moroccan, Zacarias Moussaoui, the
"20th hijacker" of the 9-11 attacks in the United
States, finally ended on May 4, 2006, when he received a life
sentence instead of the death penalty sought by the prosecution.
Unless it was false bravado, Moussaoui had taunted the court
during his trial, seeming not to care about the possibility of
death. Leaving a legacy of martyrdom may have been on his mind.
Given the
incredible emotional pressure generated by the 9-11 attacks, the
death penalty would not have been a surprise. Yet the American
criminal justice system, with all its imperfections and biases,
worked as it should. All of the constitutional safeguards for the
protection of criminal defendants were applied to Moussaoui's
trial. Above all, Moussaoui received the most fundamental of
rights - the right to be heard and treated like a human being
whose freedom and life could not be taken unless convicted under
the strictest standard in American law - something far more than
Moussaoui was prepared to give to those he had planned to kill.
The very system Moussaoui sought to destroy ensured him the
dignity and security of a public trial and in the end, even spared
his life.
The Moussaoui
trial naturally raises a troubling contradiction with the
treatment of prisoners being held in legal limbo by the United
States at Guantanamo Bay. Some of these prisoners may well have
been involved in terrorism. If so, they must be charged and
brought to trial, or otherwise released, in keeping with American
law. This is the only resolution the international community
should accept.
It is profoundly
ironic that this expensive Moussaoui trial was paid for by the
American taxpayers, the very people Moussaoui had come to kill and
whose suffering he reveled in during his courtroom outbursts. This
irony reveals the intellectual and moral gap that exists between
the Islamists' world view and the secularism they seek to destroy
- a gap that is perhaps unbridgeable.
Since Moussaoui, a
Muslim who clearly came to kill "infidel" Americans, received the
constitutional safeguards guaranteed under American law, it is
reasonable to ask what rights a non-Muslim defendant, accused of
the attempted murder of Muslims in a Muslim nation, could have
expected under an Islamic legal system? For that matter, what
rights in general does Islamic law, when unchallenged by secular
law, offer non-Muslims under its jurisdiction?
Islamic Shariah
law, based on the Koran and the words and deeds of Mohammad ("Hadith"),
is a vast, complex and archaic legal system, with four main legal
schools and countless jurists, often in significant disagreement.
However, what is undisputed is that it is a status based system
under which a person's legal rights are determined by their gender
and faith. This is not dissimilar to the treatment of the poor in
Europe and America during capitalism's early period or in the
post- civil war American South, when class and race determined
legal status.
Regardless of
Islamic law's rich complexity, it is clear on one critical point -
non-Muslims are not accorded the same legal status as Muslims.
This fact is a cornerstone of Islamic law that no amount of
political correctness or apologetics can get around.
Under Islamic law
non-Muslims are forced into second class citizenship - inferior
and subservient to Muslims and Islam. Much is made by western
liberals of Islam's tolerance and protection of Jews and
Christians, the "peoples of the book". However, what is almost
never clarified is that these minorities, when they find
themselves under Islamic law, are treated as second-class citizens
or "Dhimmi", with very inferior social, political and social
rights. For example, whereas, a Muslim may freely marry a
non-Muslim woman, a non-Muslim man cannot marry a Muslim woman.
The "Dhimmi" are allowed to live provided they pay special taxes
(not imposed on Muslims) but their inferiority and humiliation
must be permanent, until and unless Islam is accepted. The Koran
is quite clear on this point: "Fight them...until they pay tribute
out of hand and are utterly subdued" (Sura 9:29). The financial
inducement to accept Islam is evident. The condition of other
minorities who are not "of the book" is even worse, for they are
merely pagans without even the "protection" offered to the Dhimmi.
Hindu or Filipino workers in Saudi Arabia for example have
virtually no legal status or protection and can be readily
deported.
Pursuant to
Islamic law, non-Muslims, whether Dhimmis or otherwise, cannot
testify against Muslims. They may only testify against other
Dhimmis or other non-Muslims who are temporary visitors ("Musta'min").
The oaths of non-Muslims are not valid in Islamic courts.
According to the jurist Muraghi, the testimony of a Dhimmi is not
accepted because "God will not let the infidels (kafir) have an
upper hand over the believers." This of course means that a
non-Muslim who has been wronged by a Muslim better have friendly
Muslim witnesses since non-Muslim testimony will be barred. This
is easily remedied if the non-Muslim plaintiff is prepared to
convert to Islam, for then Islamic law recognizes his new-found
credibility at once.
Even more
confusing is the law covering killings. The Hanafi School of
Islamic law regards the killing of a non-Muslim by a Muslim, or
vice-versa, as equal crimes, carrying the same penalty. Other
schools are far more hostile and do not regard the killing of a
non-Muslim by a Muslim as real murder but rather only as
manslaughter invoking only the blood price penalty.
In direct contrast to status-based
Islamic law, Western secular law is based upon a political
conception of justice whose foundation is the equal treatment
before the law regardless of race, class, gender and faith.
Moussaoui should have thanked his lucky stars that as he was a
Muslim facing trial in a secular country and not a non-Muslim
facing Islamic justice. His parting comments claiming he had won
and America had lost, clearly showed he had not learnt the
difference. Rather he now becomes another casualty of radical
Islam, a loss, that the imams who radicalized him and sent him to
kill others should be held responsible for.