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 <http://lopez.pundicity.com> Clare M. Lopez

 <http://www.pundicity.com> Pundicity



Libya: Dictator Down, Islam Rising


by Clare M. Lopez
Big Peace 
<http://bigpeace.com/clopez/2011/08/24/libya-dictator-down-islam-rising/> 
August 25, 2011

http://lopez.pundicity.com/10184/libya-dictator-down-islam-rising


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Watching the jubilant Libyan rebels celebrating in the streets of Tripoli, it's 
easy to get caught up in the euphoria of the moment as a brutal tyrant is at 
last being brought down. The spokeswoman at the Department of State was giddy 
with visions of those "universal human rights" the Libyan Transitional National 
Council (TNC) supposedly espouses. RAND trotted out Frederic Wehrey 
<http://m.npr.org/news/World/139857892> , a senior policy analyst at the Rand 
Corporation, who perfectly seriously discussed the "weapons buy-back programs" 
that he thinks NATO countries might launch in Libya to disarm everybody once 
the fighting is done. Even commentators at the usually more sober-minded Fox 
News were giving President Obama "B" grades for his "success" in helping remove 
Qaddafi from power. One of the only analysts of substance who seemed to be 
keeping his head even as all around him were happily losing theirs has been the 
IDC Herzliya Gloria Center's Barry Rubin 
<http://www.gloria-center.org/meria/2011/03/the-coming-crisis-in-the-middle-east-3>
 , who rightly faults the Obama administration for approaching events in the 
Middle East "not as a lion but as a jackal" and projecting weakness by 
demonstrating a fundamental failure to perceive what is, in fact, a determined 
regional sweep by the forces of jihad and shariah. As Rubin wrote in his 21 
August 2011 post 
<http://www.gloria-center.org/meria/2011/03/the-coming-crisis-in-the-middle-east-3>
 , "The gap between dominant Western perceptions of the Middle East and the 
region's reality is dangerously wide."

Part of that reality is actually on full display with the online posting of 
Libya's "Draft Constitutional Charter 
<http://pomed.org/wordpress/wp-content/uploads/2011/08/Libya-Draft-Constitutional-Charter-for-the-Transitional-Stage.pdf>
  for the Transitional Stage. As the equally level-headed Dr. Andrew Bostom 
wrote in his 22 August 2011 posting 
<http://www.andrewbostom.org/blog/2011/08/22/the-new-libyan-zabibah-stan-made-safe-for-sharia>
 , "the salient feature of Libya's new draft constitution is Part 1, Article 1: 
Islam is the Religion of the State, and the principal source of legislation is 
Islamic Jurisprudence (Sharia)." [emphasis added]

For those still unsure of what is actually happening in Libya, that Article, 
which places Islamic law (shariah) at the very top of the constitution, means 
that principles Jeffersonian republicans consider foundational to a democratic 
system—such as equality, individual freedom, pluralism, tolerance, minority 
protections, consent of the governed, natural rights/natural law derived 
through exercise of human reason, independent (secular) judiciary, and a 
vibrant free press—even if mentioned later in the draft text, have no real 
validity. It is what comes first and is stated explicitly in the constitution 
that carries the real weight. In Libya's case, that means Islamic law.

That should not surprise anyone who's been watching Mustafa Abdul Jalil, the 
Libyan Transitional National Council spokesman: that prominent bruise in the 
middle of his forehead is called a zubibah. It's the bump a devout Muslim gets 
from pressing his face to the floor five times daily while praying. Described 
by human rights advocates as a strong proponent of the rule of law, Jalil 
studied Islamic law at the University of Libya. He's also served as a judge, 
prosecutor, and Justice Minister under Qaddafi's rule. So, he's an experienced 
and knowledgeable jurist. The only question, then, is "Of which law is Jalil 
such a champion?" The obvious answer is Islamic law—shariah.

Western analysts, leaders, and media seem somehow oblivious to the fact that 
Middle Eastern Muslim Arabs have nothing in their experience to prepare them 
for anything remotely resembling "universal human rights." Quite to the 
contrary, these Islamic tribal societies jumbled together into nation states by 
arbitrary lines drawn on a 20th century map, are far more familiar with 
incessant, remorseless warfare than Western concepts of rights or reason. Islam 
is a belief system based on revelation, not rational thought. Neither democracy 
nor recognition of the worth of the individual is an automatic default position 
for human beings. And indeed, under the Articles of the 1990 Cairo Declaration 
<http://www.google.com/search?q=organization+of+the+islamic+conference%2C+cairo+declaration&rls=com.microsoft:en-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7GGLL_en>
 , all the member states of the Organization of the Islamic Conference (now the 
Organization of Islamic Cooperation—OIC) opted out of the United Nations 
Universal Declaration on Human Rights and proclaimed instead their adherence 
only to shariah. Libya remains an OIC member and the new head of its TNC (just 
officially recognized by the U.S. as Libya's legitimate governing authority) is 
a shariah scholar.

It is impossible not to wish the Libyan people well in their quest to throw off 
tyranny. Their struggle is far from over, though, even as triumphant gunmen 
strut about Qaddafi's burned out Tripoli compound decked out in his headgear 
and jewelry. One suspects that the looting and revenge-taking has just begun 
even as a guerrilla insurgency by remaining Qaddafi loyalists sputters to life, 
well-equipped with all the latest weaponry from Qaddafi's armories, including 
Russian-made surface-to-air missiles that have many observers worried. Those 
taking over are no less a cause for concern: as Walid Phares points out in his 
insightful Fox News analysis 
<http://www.foxnews.com/opinion/2011/08/23/after-qaddafi-insurgency-democracy-or-jihad>
  of 23 August 2011, the Libyan TNC is a motley crew comprising "former 
diplomats, bureaucrats, and military officers from the old regime" as well as 
"politicians and leaders from movements and groups from the political left, 
Marxists, Socialists, Arab Nationalists, liberals and Islamists." As in Egypt 
and elsewhere across the region, however, it is the proponents of shariah who 
are the best organized and most determined to impose their agenda in the 
post-revolutionary milieu. Their push for power in Libya already is underway, 
openly supported by Yousuf al-Qaradawi and the Egyptian Muslim Brotherhood, and 
will accelerate from positions within the TNC as its grip on the country is 
consolidated.

By dealing preferentially with the Muslim Brotherhood and other 
shariah-adherents in both Egypt and Syria, U.S. leadership is enabling the 
substitution of secular tyranny with Islamic tyranny in both places. That 
segments of the population in these places actually clamor to be ruled by 
shariah does not make them democracies. If the U.S. does the same thing in 
Libya and fails to provide strong, visible support to the genuine democrats, 
liberals, and reformers that do still exist in Libya, the outcome there will 
not be the one dreamy-eyed groupies of the Arab Spring envisioned, but another 
new regime, founded on Islamic law, that is hostile to American interests and 
those of our remaining friends and allies.

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