Posted On: March 22, 2011

Sharia Law: Core Principles or Courtroom Koran

Circuit Court, Hillsborough County Florida: Mansour v. Islamic Education Center of Tampa

There has been much concern voiced over Sharia Law, the body of rules and instruction which "guides all aspects of Muslim life including daily routines, familial and religious obligations, and financial dealings." On the one hand, its proponents call for its application worldwide, believing its mandates and proscriptions are superior to secular law and that it is God ordained, having the ability to lead its adherents into a more righteous life as defined by Islam. On the other hand, its opponents call for it to be banned in America (and in other democratic/pluralistic nations) as a draconian throwback to medieval times which oppresses women and minorities, is intolerant (and worse) of other religions and which condones (or tolerates) brutal punishment for offenders.

Like so much of life these days, your view of these issues depends on where you stand. But sometimes, thorny theoretical issues become thornier real issues. The Mansour case may be the first ripple in a rising tide of Sharia law, or a mere instance of religious freedom being equally afforded Muslim-Americans.

Again, your stand determines how this sits.

According to the St. Petersburg Times, Mansour brought an action against a local mosque after he and other trustees claimed they were improperly discharged in 2002, and after the mosque received $2.2 million from Florida in compensation for use of its land for a road project. This lawsuit, at least in part, is about control of the money. But before the parties got to court, the dispute was supposedly submitted to an a’lim, “a Muslim scholar trained in Islam and Islamic law…” Apparently not satisfied with his ruling, the ousted trustees filed this court action against the mosque.

As the court put it, “This case will proceed under Ecclesiastical Islamic Law.” Its brief ruling was that there would be a hearing “to determine whether Islamic dispute resolution procedures have been followed in this matter.”

Is this one small step for plaintiff Ghassan Mansour, and one giant step for an international Caliphate? Or just a local judge resolving a local dispute that was submitted to a local arbitrator who just happened to be an A’lim?

Do the trustees have a prayer? Does the Mosque? Does anyone but the litigants care?

The tougher questions are these: Can freedom of religion as we have known it survive the demands of Islam? Or is freedom of religion as we have known it the only way Islam will become peculiarly American, embracing religious diversity and respecting the rights of others?

God only knows.

Posted On: March 8, 2011

Cut and Paste Pervert

US Court of Appeals, 2nd Circuit: US v. John C. Hotaling

It’s hard to fathom just how much things have changed in our lifetime. Fifty years ago children played with Colorforms—three inch flat cutouts of cartoon characters or TV stars that could be dressed up with plastic stick-on clothing and accessorized with plastic stick-on jewelry, rainwear or even weapons, depending on the Colorforms purchased. Now, digital cameras and personal computers have given us the ability to cut and paste faces of children onto images of adult bodies engaged in sexually explicit conduct—a process known as “morphing.” Colorforms may seem boring in retrospect, but this kind of computer morphing is child pornography and it carries some serious consequences.

Defendant Hotaling “cut” the heads of minor females (including photos of his daughter’s friends!) and superimposed them on adult nudes engaged in a variety of explicit sexual activity. He indexed the final images and encoded them with Hypertext Markup Language (HTML—the key to posting on the internet) and admitted possession of his cut and paste collection. He was convicted under Federal child pornography laws and received an enhanced sentence of 78 months in prison because of the sadistic nature of some of the images he kept.

Hotaling appealed, claiming the Federal statute was “vague and overbroad,” that “no actual minor was harmed” and that the digitally created photographs were saved only to “record his mental fantasies” and was therefore protected First Amendment speech.

The Court of Appeals wasn’t buying. For the court, “the underlying inquiry is whether an image of child pornography implicates the interests of an actual minor.” It did here. These children were real kids, not drawings or computer generated images. Some of the pictures even had their names on them. Morphed images using the faces of actual identifiable minors are not protected speech.

The court also rejected Hotaling’s claim that he only possessed the photos. As the court put it: “These are not mere records of defendant’s fantasies, but child pornography that implicates actual minors and is primed for entry in the distribution chain.” Recognizing that the internet is the great multiplier of shame for the girls whose faces were used and that there is no real redress for them once their images hit the internet, the court affirmed Hotaling’s enhanced sentence. It also found that these minor girls “were at risk of reputational harm and suffered the psychological harm of knowing that their images were exploited and prepared for distribution [over the internet] by a trusted adult.

There’s a disturbing lesson here for everyone.

Charles Dickens’ opening line in A Tale of Two Cities was this: “It was the best of times, it was the worst of times...” He could have been describing going on line, for the internet is as awe inspiring and it is awful…