Shariah - the way to the watering place
Ive only got 5mins now so here are my thoughts...I'll be back on later for a full discussion...
The problem with this debate is that the word Shariah and the term Islamic law are loaded with negative imagery. It prevents us getting to some of the real issues.
Words over time take on new meanings, they become institutionalised and sometimes hijacked. Our road safety laws are Islamic, our laws of offences against the person are Islamic, our complex laws to ensure politicians use public money in the right way are Islamic. The appellage hides a universal truth. Good law protects us and keeps us safe.
Shariah is not static. Like any body of complex law it must move and change with the times. The principles that Shariah is based on do not change, but how they are interepreted in any given age does, should and traditionally, always has.
This debate is an interesting one, but not new at all. When there was a Muslim empire to speak of, they had this very same debate. And do you not what those barbarians who had gardens, libraries, universities, hospitals, government, welfare and an NHS did, while we in Europe were still smothered in the dark of the dark ages?
They said yes of course. Christians, Jews, Sabians et al should, for a limited set of laws be allowed to administer their own justice. And that dear readers was an age characterised by freedom, safety, science, art and liberty.
But could that work here in Britain? I echo what both 'sides' have been saying. On one hand, It is hugely complex and merits scholarly not popular debate. But on the other, the big question for me would be, who on earth would administer it?
There are so few learned scholars in Britain that have come even remotely close to mastering the traditional religious sciences in Islam with the corresponding mastery of the society that we live in. And the two have always gone hand in hand. You cannot apply Shariah as it was 14 centuries ago, or even 100 years ago for that matter...
One way to go may be to poll Muslim women...with almost zero Muslim women scholars of law in Britain, it doesnt sound like too attractive an option for half the population...
Ive got to go...big meetings all day. Back at 4pm to read your comments...
Faraz out.
(10) comments so far add yours here
Share:
Older/Newer
« Muslim Scouts taking over the world? | Shall I just leave now? »
10 Comments
Leave a comment
Keep up to date
Technorati
Authors
Faraz Yousufzai
Birmingham’s leading voice on Muslim youth.
I'm not an expert on Shariah law but, do you know, you make good sense. I have a pal who's from a Jewish family, and he tells me that THEY are allowed to sort certain matters out in a type of Jewish court in Britain. So why not Muslims? As long as we're not talking about physical punishment here, or deciding something under a religious law when a party involved is not a voluntary participant. I think we need that kind of assurance.
Hmm. I don't know a lot about this, so excuse my worries... but have read A Thousand Shining Suns by Khalid Husseini I'd be really worried about Sharia law. I know this is extreme, but aren't some women stoned for breaking marital vows? Does the same happen to men? I think you're right, Faraz... if it's too complex or in some areas too old-fashioned, let's stick with a codified law we currently have, in one of the freeest and fairest societies in the world. (Then again, if there was some form of pnishment for Westerr men, it might improve their philanderings!!)
You make me laugh rachel. I completely agree with you though that Britain is by far the free-est and fairest society in the world.
About stoning - its one of those oft quoted half truths that is sooo taken out of any meaningful context that it becomes a lie.
Dont get me wrong, Im definitely not an advocate for capital punishment in modern Britain.
Philandering men...alas...no law can stop it. God knows what can!
have a good weekend...
Thanks, anonymous... or is that Faraz not putting your name? I s'pose it was funny, but there is a serious side. It's made me think a lot. My guy has often kissed barmaids in front of me, and I'm sure worse behind my back. Me? I get a slap if I so much as look at the postman the wrong way. In many British homes, there's our own kind of Sharia law!
Sharia law to me, Faraz? I think the Archbish has said something without knowing the detail. I certainly don't know the detail. From reading around, there are elements of other religious laws at play in Britain, and so we should consider this when reacting. I do think the Archbish treads on sensitive nerves though, and his good intentions appear to have provoked more harmful thoughts than good. I'm also worried at his reaction to this response. He should be brave and bold and speak face-to-face with cameras and explain himself. No comment and silence and back-tracking on his website does him no good. In a few days time, or maybe months, what will be the result? Hopefully, more people will have more of an understanding about different cultures. Maybe not a bad thing, hey?
Shariah Law - would they let me run Christian Law in Muslim countries? I think not.
Muslims and Jews already live by Muslim and Jewish law because it covers every aspect of life. But if we're talking about devolving certain aspects of statute law to Muslim courts (or any other) that would be a massive mistake. A country is governed by laws which apply to everyone - they have to for the nation state to be able to govern all its citizens equally. And just think what would happen, for example, if Muslim courts (and that would be courts run by men for men) had an independent say on any issue effecting women?
Quite right. Who would decide if a Muslim woman wanted to be tried in a UK court or a Sharia one?
Re shariah law your previous comments " But could that work here in Britain? I echo what both 'sides' have been saying. On one hand, It is hugely complex and merits scholarly not popular debate. But on the other, the big question for me would be, who on earth would administer it? " why should it even be considered you should abide by the laws of the land you live in surely!!! to close with another one of your clips " From the time I was 18 years old I have dedicated my life to bridge building, dialogue and cohseion. Now at 30, shall I just pack my bags and leave? ( YES YOU SHOULD ) by the way its spelt "cohesion " your words seem to say that your not a bridge builder but as the usual muslim you want things your way , so you lot just seem to chip away at the British way of life bit by bit until it's gone " why dont you live in a muslim state that practices these laws if thats what you all want? an old but true saying ' WHEN IN ROME DO AS THE ROMANS ' is what the muslim population should adopt. Bill Jones N Z
There should be one law for all within a state, there is only one form of justice that is universal, and religion does not have justice at its heart. Religion has only the will of God at its centre. This has been allowing anybody past or present or future to do what they want, as they say this is what 'God' say. And whatever God says is obviously right.
But i say is 'wrong'. This situation is a product of the evils of multiculturalism.