Ben Carson sparked controversy when he said he personally wouldn’t support a Muslim for president because he didn’t see Islam as compatible with the Constitution. He wasn’t the first person to say as much.
In the words of the former Supreme Court justice Robert Jackson: “In any broad sense, Islamic law offers the American lawyer a study in dramatic contrasts. Even casual acquaintance and superficial knowledge – all that most of us at bench or bar will be able to acquire – reveal that its striking features relative to our law are not likenesses but inconsistencies, not similarities but contrarieties. In its source, its scope and its sanctions, the law of the Middle East is the antithesis of Western law.”
So is he right? Entirely. Here are ten reasons Islam isn’t compatible with the Constitution.
1. The First Amendment guarantees the freedom of speech, while Quran 29:68 and the Hadith 3:106 prohibit insulting Allah and Mohammad
2. The Eighth Amendment prohibits cruel and unusual punishment, while the Quran prescribes punishments such as cutting the hands off of thieves (Quran 5:38), lashes for fornication (Quran 26:23) and adultery (Quran 24:2)
3. The Constitution establishes itself as the supreme law of the land in Article Six, while the Quran establishes Allah’s word as government (Quran 18:26)
4. The First Amendment prevents the government from prohibiting the free exercise of religion, while Quran 4:89 states that “Those who reject Islam must be killed.”
5. The Fifth Amendment guarantees due process. The Quran only counts the testimony of a female witness as half of that as a man (Quran 2:282).
6. The Preamble states “We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.” By contrast, Quran 8:12 states “I will cast terror into the hearts of those who disbelieve. Therefore strike off their heads and strike off every fingertip of them.”
7. The Thirteenth Amendment prohibits slavery while Quran 33:50 allows women captured during battle to be kept as sex slaves.
8. The Fourteenth Amendment guarantees equal protection under the law, while the Quran doesn’t consider women, Jews, Christians, and other non-Muslims as equal under the law (Quran 5:60, 7:166, and 2:65)
9. The Fourth Amendment protects against unreasonable searches and seizures, but the Quran allows the seizure of land, homes, and wealth of non-Muslims (Quran 33:27, 8:69, and 48:20).
10. The Second Amendment protects the right to keep and bear arms while the Quran prohibits non-Muslims from owning weapons (Quran 9:29).
The only similarity I could find between our Constitution and Islamic law was with the 18th Amendment, which prohibited the manufacturing and sale of alcohol. And I think we learned our lesson on that one.[Note: This post was authored by The Analytical Economist]