Shariah finance in America
Shariah Finance, Criminal Wrongdoing in the AIG Takeover: Will the Special Inspector General for the TARP Funds Investigate the Illegal Trust?
Frank Gaffney
[Excerpt: "Principally this means that since interest is illegal under Shariah, interest payments are disguised as profits or payments for services rendered. While there is nothing wrong with the use of legal fictions, there is when the details of the guiding force—Shariah—is not disclosed to the investing public. Most problematic, is Shariah’s call for the murder of apostates and global jihad against the very infidels in the West buying these Shariah products."]
Big Government
Yesterday we broke the story of possible criminal wrongdoing in regards to the bailout of AIG by Treasury Secretary Tim Geithner, then Director of the New York Federal Reserve, and Federal Reserve Chairman Ben Bernanke.
It appears that, through it’s 77.9% control of AIG’s equity and voting rights, the NYFed “sought to accomplish an illegal financial transaction through false means” by creating an “independent”: trust that was in fact not independent, placing it “in violation of federal anti-money laundering statutes (18 USC § 1956).” Here we elaborate a bit further, laying out the issue in the text of a letter submitted to Neil Barofsky, Special Inspector General for TARP (SIGTARP)– as the government takeover of AIG was accomplished using funds provided to the Troubled Asset Relief Program.
First, however, some context: Crucially, these facts were discovered while securities litigator David Yerushalmi and the Thomas More Law Center was representing Iraq War vet Kevin Murray in Murray vs. Geithner, et al. Mr. Murray is rightfully horrified that the very doctrines of the enemy he faced in combat would be promoted by the US government. Specifically, prior to the U.S. government’s takeover of the insurance giant AIG, the company was the world’s leading promoter of Shariah-compliant finance products and businesses. Bailing out and forcefully (and illegally) taking ownership of AIG put the American taxpayer in the position of advocating Shariah-compliant finance, which is troubling on many levels:
First, the Shariah authorities themselves tell us that Shariah is a holistic and indivisible whole and that you cannot carve out “business law Shariah” from any other of its constituent parts, like the law of jihad. And, you can see this in that part of Shariah called civil law or fiqh al-muamalat. According to Shariah, AIG cannot invest its takaful funds in a business that might rent space to a church, because that would violate the principle of not supporting any religion other than Allah’s. Further, AIG may invest its funds in a military armament factory for Muslim armies but not US or infidel armies. In other words, these laws which seemingly have nothing to do with business concerns or ethics but rather everything to do with theo-political concerns apply as forcefully to Shariah-compliant finance as the laws on interest. And, of course the reason for this we know because the Shariah authorities tell us: Shariah makes no distinction between religion, law, politics and war. It is all subsumed under Allah’s law called Shariah.
Second, the very Shariah authorities who have the legitimacy to be Shariah board members for such an international concern are themselves advocates of violent jihad or they are the students and disciples of such Shariah authorities. For example, AIG employs Mufti Imran Usmani, who is the son, student and disciple of Mufti Taqi Usmani, the very authority who sat on the Dow Jones Islamic Index Shariah advisory board for almost 10 years beginning in 1999 and who wrote a book and had it translated into English also in 1999 which called on western Muslims to rise up and engage in violent jihad against the West. Now, either Dow Jones was recklessly blind to this fact or willfully blind to it. Now, we see that AIG and the US Treasury have succumbed to the same reckless disregard of what are now quite obvious facts.
Shariah-compliant finance is the use of Shariah (Islamic law) to sell financial products that are approved by Shariah Islamic authorities. Principally this means that since interest is illegal under Shariah, interest payments are disguised as profits or payments for services rendered. While there is nothing wrong with the use of legal fictions, there is when the details of the guiding force—Shariah—is not disclosed to the investing public. Most problematic, is Shariah’s call for the murder of apostates and global jihad against the very infidels in the West buying these Shariah products. Among some financial institutions’ ‘Shariah advisors’ is Sheikh Yusuf al-Qaradawi (who moonlights as spiritual leader of the Muslim Brotherhood). He famously promoted Shariah-compliant finance as “jihad with money.”
For an in-depth look at Shariah-compliant finance, see David Yerushalmi’s Utah Law Review article, “Shariah’s ‘Black Box’: Civil Liability and Criminal Exposure Surrounding Shariah-Compliant Finance”. Look for a video tomorrow called, “Understanding the Takeover of AIG.” Continue reading
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http://biggovernment.com/fgaffney/2010/02/03/shariah-finance-criminal-wrongdoing-in-the-aig-takeover-will-the-special-inspector-general-for-the-tarp-funds-investigate-the-illegal-trust/
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