Yasir Qadhi – When America Abandoned Habeas Corpus Under Obama

			There are people who consider that this religion cannot be anything but evil. And that it is simply
impossible for there to be average Muslims for there to be peaceful Muslims, for there to be a
reality show that is just as boring and just as and just as plain and simple as every other reality
show out there because it shows Muslims in their daily life. And so because this all American Muslim
reality show depicts the most boring set of people imaginable, without showing bombs and terrorism,
people get this impression that we're not being fair by showing a set of Muslims that are peaceful.
And we have major corporations boycotting the show out of this fear of portraying peaceful Muslims.
		

			We have over 22 cases of mosques being prevented to be built in this land. We have over 17 states in
our own country that have banned or outlawed the practice of the Sharia, as if somehow the Sharia
were a viable, realistic threat. In other lands around the world. We have had the banning of the
building of minarets, we have had the banning of Muslim women wearing the burqa and the veil. And
the irony of ironies is that these western lands, these lands of democracy and freedom, they used to
pride themselves on allowing individuals to be whoever they are. That was what made the West
different from everybody else. That was what differentiated, you know, in the 80s. And the 70s. When
		

			I grew up in the 70s, and 80s, we had this system, you probably haven't heard of it, of dividing the
world into first world and Second World and third world. You've heard of this, this this tripartite
division of the world. And the first world was only those worlds are those lands that gave freedom
to their people. And the third worlds were everybody else who didn't give any freedoms to their
people. And this part of the world valued itself that yes, we allow our citizens to do as they
please to worship or not to worship, to live whatever lifestyle they like. And this was a value that
these countries and societies have fought for, for over 300 years. Look at the history of this land.
		

			Look at the Puritans when they migrated from England to America. The reason they migrated was that
they did not want the government to interfere in their rituals in their private lives. And so they
fled seeking the freedom to be religious. That's what the Puritans were. They were fundamentalist
fanatics. They were religious people, but they didn't want the government to be involved in their
religion. So they fled their lands, and they came to this land, seeking those freedoms. Similarly,
in Europe as well, after Europe was immersed in hundreds of years of civil wars between Protestants
and Catholics and between factions of Protestants, the 100 year war, the 30 year war, finally they
		

			realized, you know, what, the only way forward is to stop fighting over religion and to live and to
let live to let every person worship as he or she, she chooses to worship. So they fought for these
freedoms, and They prided themselves on these freedoms. And all of this actually began 800 years ago
with that famous document called the Magna Carta. The Magna Carta was the very first document, the
very first constitution, if you like, even though to call it a constitution is a bit stretching. But
it was the very first Hoover constitution, if you like that was applied upon the kings and queens of
Europe. And there is a theory, there is a theory that the Magna Carta came out of the interaction of
		

			the Crusaders with Muslims, that when the Crusaders returned from Jerusalem, and they saw that
Muslims had a law, in which the Khalifa was also subject to that law, just like the states and the
citizens of the state were subject to the law, there was a law higher than the Khalifa. They
realized that this was the way forward. And so the Magna Carta came out of this realisation that
there should be a law that even the kings and queens are subject to, and of the paragraphs of the
Magna Carta, of the paragraphs of the Magna Carta and this document is 850 years old. one paragraph
in it gives people and this is
		

			Did this we're getting very relevant here. I know what you think I'm talking about something very
ancient. We're going as fast forward to last week, this Magna Carta document talks about the right
of habeas corpus. How many of you know what habeas corpus is?
		

			Every one of you should know what habeas corpus is. It is what differentiates. And here's what I am
saying this, it is what differentiates a free society from a repressive one. It is what
differentiates a democratic society from a tyrannical fascist won the right of habeas corpus,
basically, to be simplistic here, I know some of the lawyers in the room are not gonna like this
simplicity. But just to get the point across the right of habeas corpus means that the King, the
ruler, the government does not have any right to imprison, or execute or confiscate anything
belonging to a citizen without due process of law. If the king doesn't like the way you look, that
		

			doesn't justify him, taking your property. If the king doesn't like you saying something, he can't
just lock you up in jail for 20 years, as is the case in many repressive regimes across the world.
Even if the President wants to do something, he has to go through a court of law, and there has to
be an open and fair process where the person is able to defend himself and a neutral party will
judge between even the president and the citizen. This is the right of habeas corpus that no one can
be detained without subject without a due process of law. And this was the cornerstone of Western
society for 850 years. Notice I said this was the cornerstone, because something happened last week,
		

			that unfortunately, many Muslims completely went under their radar. And it is something that every
one of us should be alarmed about. Because it signals the beginning of the end of these freedoms
that we cherish so much. Last week, our Congress and then our Senate overwhelmingly ratified
		

			a new law. And it is now on the President's desk, and every indication is that he is going to sign
it. And it is predicting who's going to sign it a new law that allows the president to decide that
if a enemy combatant who might even be a citizen, is deemed to be a terrorist threat, that this
person can be detained and questioned and interrogated and imprisoned for an indefinite amount of
time, no questions asked. The right of habeas corpus, which was guaranteed in every single western
line for over 800 years is now going to be diminished and taken away. And you know, when people are
willing to give up their own freedoms and their own privileges, that they have fought hundreds of
		

			years to achieve, just because they don't want us the other to enjoy those freedoms. When a group of
people are willing to go against their own heritage, and their own background and their own values
and their own laws merely because they hate another group of people. That will Allah He if this
isn't a phobia, I don't know what a phobia is. And this is the essence of Islamophobia. They're so
paranoid. They're so crazy, they're willing to go against their own values, and began detaining
innocent people began assassinating their own citizens without any due process of law.
		

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