Balkinization   |
Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Apostate Obama?
|
Sunday, June 01, 2008
Apostate Obama?
Andrew Koppelman
It has recently been suggested, in the New York Times and the Christian Science Monitor, that Barack Obama would have profound difficulties in dealing with the Islamic world if he is elected president because he was born to a Muslim father and then raised as a Christian, making him an apostate. This, the stories claimed, make him eligible for the death penalty or assassination under Islamic law.
Comments:
I'm relieved to be informed that "Apostasy is only a crime in the penal codes of four or five out of the 40 Muslim-majority countries today."
With all due respect to Dr. an’Naim, many westerners, including those of the Muslim faith, might be a bit uncomfortable if, for example, ten percent of the United States were to criminalize, and punish, a person's religious preference, or lack thereof. Perhaps this "misunderstanding" is a two way street? I'll blink if you will.
if, for example, ten percent of the United States were to criminalize, and punish, a person's religious preference, or lack thereof.
Or, just as bad, if a substantial number of Americans were to rely on dogmatic religion-based assumptions to oppose gay marriage, or to mandate the teaching of creationism in public schools. Fortunately, in our secular, tolerant society, such things simply don't happen. Take THAT, Islam!
I like the argument that Obama's ancestry is Kenyan, so he's okay. Evidently if the apostate child of a Muslim immigrant from Sudan or Yemen were running for president, Dr. an'Naim and the average Yale law professor would find killing him to be totally legitimate.
How wonderful it would be if there were Muslim intellectuals or American professors who actually defended religious freedom across the board, without special pleading. Who said that the notion of killing anyone, ever, for his religious beliefs is an abomination. Who said that they would not sit in the same room with someone who contemplated the legitimacy of such actions. Who said that people who contemplate the legitimacy of such actions should be denied tenure. Sadly, there don't seem to be.
Anderson, are you truly unable to see the difference between killing someone for his or her religious beliefs versus regulating his or her marriage options? How pathetic.
Marty Lederman has pointed out to me that the New York Times, via its public editor, did acknowledge the problems with Luttwak's account of Islam. See http://www.nytimes.com/2008/06/01/opinion/01pubed.html?_r=1&scp=1&sq=apostasy&st=nyt&oref=slogin.
A quick google search indicates that Abdullahi Ahmed an’Naim wrote on November 11, 2001, that “I see no moral difference between the attacks of September 11 and the U.S. bombing of Afghanistan from October 7.”
Is he really "one of the smartest Moslem intellectuals working today"?
As a British Muslim, born and raised in the UK, a liberal, a secularist and committed to the rule of law may I make one or two observations.
Very many Muslims live in countries which in terms of development have not progressed very much since the 16th Century. Many customs which Westerners and indeed the inhabitants themselves think are Islamic are actually tribal and societal rather than religious. Think how Christians behaved in the 16th Century – women as chattels. Until the passing of the Married Women’s Property Act in the reign of Queen Victoria, married women in every country applying Islamic law principles actually had more rights than their sisters in Christian lands. And it is not always appreciated that a marriage contract under Islamic law principles involves the husband agreeing the terms of the divorce settlement before the marriage takes place. If one sees the modern negotiating of just how much the alimony will be in the event of divorce, what inflation index will apply to it, etc, etc, Christians might appreciate the advantages of a system where such things are worked out while the husband still wants to get married! Secondly, none of us are perfect. I actually went to a Roman Catholic boarding school where in my youth the belief was protestant men all had eyebrows which met in the middle. Christians have their sects within the broad nomenclature of “Christians”, and some of them (perhaps especially in the USA) are pretty weird in anyone’s eyes. Islam has fewer sects, but some divisions – Sunni-Shia, the schools of thought within Sunni Islam, Sufism, and some sects most would consider heretical. We have our wrongdoers too! Islam expressly recognises and honours its predecessor religions, Judaism and Christiany whom we recognise as “Peoples of the Book” worshipping the same Almighty God. The Catholic Cardinal Patriarch of Baghdad conducts services in Aramaic, the language of Jesus and prays to “Allah” just as we do. But we can go further. Correctly understood, the expression “Muslim” is one who seeks to do Almighty God’s will in accordance with the Divine Revelation he/she has received. It follows logically that anyone who seeks to follow Almighty God’s will in accordance with the particular form of revelation received is a Muslim brother or sister, including the believing and practising Catholic and – since the Almighty is perfectly just and merciful, why not also the Animist who sees the Deity in a crocodile ? Correctly understood, Islam commands us to respect our bothers and sisters in other faiths. I live in a very mixed community in London where churches, mosques and synagogues are to be found as neighbours. Not very far away there is a building which started life as a Huguenot chapel for Protestant refugees from France, mostly weavers. When they got rich and moved out of the district, it became a Jewish synagogue where the refugees from the pogroms came in the early part of the last century and the district became London’s Jewish garment district. Today the former synagogue is a mosque serving the largely Bangladeshi community of the district who today provide most of the machinists and pressers for the rag trade. We have a school system in England where from primary school onwards all children learn about the principal beliefs of all the main religions. The same coloured lights go up in our shopping centres for the different festivals. There are occasionally tensions and difficulties – for example over cross-faith marriages, especially among 1st generation families - but that was as true for the Irish and the Italians who came here. I rejoice that I have cousins who are called “Yahya” (John), “Yusuf” (Joseph), “Ibrahim” (Abraham), or “Moussa” (Moses. Senator Obama has some good Jewish/Christian/Muslim names – because they are used by all 3 faiths in the Middle East where all 3 religions originated. And BTW, a recent YouGov Poll made Senator Obama the hands down favourite choice for US President in six European countries. If, pray God, he be elected this November, I confidently predict he will instantly restore a great deal of the prestige the USA has lost under the Bush Administration, not just in Europe but around the world. A person of mixed race and a Christian with an understanding of Judaism and Islam, a constitutional lawyer who will respect the Constitution and uphold it as opposed to subverting it - who better to lead the free world ?
Just as within capitalism and other economic systems, there is competition between and among the various religious groups, both inter- and intra-. Then there are the secular groups, wherein there are competing interests, again both inter- and intra-. Competing religious groups may ally with one another to challenge such secular groups because of the fear that the latter may raise questions of faith as opposed to reason. Secular groups do not seem to have a proselytizing history and have not combined (as have the religious groups) to challenge religions other than on a limited defensive basis (although there has been more of this in recent years).
Hopefully Obama, with his background in Constitutional law, will continue to recognize the importance, both to religions and to securalists, of the First Amendment's establishment and free exercise clauses.
Mahathir Mohammed, the former PM of Malaysia, recently had a press conference here in Tokyo where I live (and am a member of the working press). I asked him directly about the plausibility of Luttwak's article, including about whether Obama's security would be compromised more than usual when vitising Muslim countries. His reply was that the article was clearly a falsehood propagated by someone who was trying to smear Obama. Among other things, he pointed out that Carlos Menem, former president of Argentina, was also an apostate, but was able to visit Syria without any difficulty. (Obviously the President of the US would be a more significant target than the President of Argentina, but it seems likely that's unrelated to his religion.)
ajsutter's reference to "Carlos Menem, former president of Argentina, was also an apostate" might suggest that Obama is an apostate. I don't know if that was ajsutter's intention. Perhaps Mahathir Mohammed, the former PM of Malaysia, meant that Carlos Menem was not an apostate just as in the case of Luttwak's falsehood about Obama. Clarification?
Just to be clear, the issue here is not whether Obama is or is not an apostate. The question is whether a significant element of the Muslim world would view him as an apostate and whether this would be a useful propaganda point for Islamic extremists.
Post a Comment
Having read Luttwak's piece and the response in the NYT, I agree that he has not adequately supported his contention that Obama's status would be a significant problem for relations with the Muslim world. This is not to say that Luttwak is necessarily wrong, just that he did not provide sufficient evidence to demonstrate that he is right. (I, for one, don't find it a stretch that the people who were outraged by the Danish cartoons would feel similarly about Obama's "apostasy," particularly if extremist clerics decided to make it an issue).
|
Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |