New Jersey Judge Rules Muslim Man's Right to Rape is Religious Freedom

Think sharia law isn't making inroads here in America? Think it's no big deal? Guess again.

In a recent New Jersey case, a judge denied a Muslim woman an Order of Protection from her abusive husband not because the rapes and domestic violence she detailed were not committed, but because the judge accepted a defense from the man that he was acting on his Islamic beliefs! In denying the woman's request, the judge stated:

“This court does not feel that, under the circumstances, that this defendant had a criminal desire to or intent to sexually assault or to sexually contact the plaintiff when he did. The court believes that he was operating under his belief that it is, as the husband, his desire to have sex when and whether he wanted to, was something that was consistent with his practices and it was something that was not prohibited.”

The judge then vacated the temporary restraints previously entered in the matter and dismissed the plaintiff’s domestic violence action.

The rapes and domestic violence took place in 2008 and on the night of January 15 to 16, 2009. While raping the woman, the Muslim man said “You are my wife, I can do anything to you. The woman, she should submit and do anything I ask her to do.”

Here are the actual facts of what occurred, as per the court records and transcript from the appellate court of New Jersey where the abused victim successfully appealed the lower court decision. As you'll see, rape was only part of the brutal abuse this woman suffered.

Note that the woman was only 17, she was imported from Morocco as a teenage bride in an arranged marriage having never seen her husband prior to the wedding and that the husband was not some immigrant day laborer but an accountant fully familiar with American customs.

As far as Islamic law goes, the original justice was totally correct. Rape is essentially a non-crime in Islamic law , since it takes four male witnesses to prove it ( Sura 24:4 and 24:13). A raped woman is unable to get justice anywhere sharia prevails, and her testimony is basically considered worthless.

The Quran gives a husband supreme authority over a woman and makes her his property, to do with as he will.

Muhammad is quoted as saying: "If a husband calls his wife to his bed [i.e. to have sexual relation] and she refuses and causes him to sleep in anger, the angels will curse her till morning" (Bukhari 4.54.460). He also said: "By him in Whose Hand lies my life, a woman can not carry out the right of her Lord, till she carries out the right of her husband. And if he asks her to surrender herself [to him for sexual intercourse] she should not refuse him even if she is on a camel's saddle" (Ibn Majah 1854).

As a matter of fact, in response to the appellate judge's questions, an imam called as a witness who was involved in the case would not definitively answer whether, under Islamic law, a husband must stop his advances if his wife said "no." However, the imam did acknowledge that New Jersey law considered coerced sex between married people to be rape, something he was apparently unable to concede in the original trial.

Fortunately the appellate court reversed this decision, and the sharia-friendly ruling was not allowed to stand - for now.

Rest assured, there will be more of these.

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