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Sharia Law | Human Rights Essay

Patricia J. Williams, Irene Watson and the Archbishop of Canterbury are guests on a political talk show of which you are the host. The theme of discussion is the Archbishop of Canterbury's speech on Sharia Law in the UK, posted in the assessments folder on WebCt.

Please write a transcript for this talk show, including questions set by you and responses and discussion contributed by the three guests. The responses of Williams and Watson should reflect your understanding of their points of view and theories as set out in their writings.

• Identify clearly the issues that are at stake

• Be thoughtful of the writings of Williams and Watson

• Consider carefully your own argument

• Be creative

Welcome, ladies and gentleman, to ‘Today in the UK', I'm Katherine Lee (KL) and my guests today are: Dr Rowan Williams (RW), the Archbishop of Canterbury, Patricia J Williams (PW), a leading American law professor who specialises in critical race theories and Dr Irene Watson (IW), a leading scholar in post-colonialism, specifically in relation to Aboriginal rights. Our topic for discussion is Sharia law and its implications on the UK if it was adopted into the English legal system. We also have a guest interviewer on the show today, I would like to give a warm welcome to Victoria Beckham (VB) who will be asking the questions and who would also like to throw in a couple of her own. Over to you Victoria….

VB: Dr Williams, if I may start by asking why you feel this is the case to set the scene to our discussion.

RW: Quite frankly some provisions of Sharia law are already recognised in this country, we have for example Sharia compliant mortgages and the rules on stamp duty have been changed to assist Muslims in becoming homeowners without discriminating against their religious beliefs. I have simply taken this one step further as I believe that introducing some aspects of Sharia law is unavoidable in assisting with social cohesion and giving Muslims the choice to follow their faith in the UK. In fact a recent poll carried out by UK think tank Policy Exchange, found evidence that young Muslims held more fundamentalist beliefs on key social and political issues than those over age 55.

VB: You say this will add to social cohesion but we have heard that there are ‘no-go areas' in these communities, so how does this argument really stack up?

RW: It is true that we live in a fragmented society, what I see is that there needs to be greater shared citizenship. Western views on Sharia concentrate on the horror stories where women are flogged or stoned to death, but in reality this is extremist and not representative of life under Sharia. Education within communities can assist along with networks of different communities working together for common objectives. What we have to understand today is that the British identity is changing; we have since the 1980s become a far more multicultural society and the UK government recognises this by passing statutes to protect the interests of the ethnic minority communities. I believe if we break down these barriers of uncertainty, misconception and fear of Sharia, these so called ‘no-go areas' would not exist, therefore it is far better for society to tackle the issue of these ‘no-go areas' by using these methods and adopting ways to allow Muslims to practice Sharia law as it will then be open to scrutiny rather than being practised behind closed doors.

PW: I believe that there will always be some difficulties between different communities largely due to the fact that human beings are prejudiced. If we don't understand something then we don't like it. Resentment builds up this may be because we feel immigrants are coming into the country and are taking all the jobs from the British people. In such a fragmented society we have to learn to deal with these issues, I think fragmented communities will never go away; all the while there is anger, ignorance and racism in society. Education may help, however the real problems stem from the prejudices people are bought up with in their homes.

IW: The issue I see is that in a western civilisation today, there should be a mechanism to allow different cultures and beliefs to be heard and to be kept alive. Society does benefit from greater diversity, be it through wealth or talented professionals. The real problem is how these different beliefs can be integrated to ensure both British and Islamic sovereignty is kept intact. Ontario in Canada had the same problem and also had its critics; over there statutes were passed to help Muslims live by Sharia law. The many critics warned that it would go against Canadian principles and that it would assist the patriarchal members of the Islamic community to railroad women into Sharia courts against their will, they would then demand the government to fund state Muslim schools where boys and girls are separated and then eventually the country would become a Muslim state. I feel these views were overstated as the Muslim population accounted for less than 10% of the Canadian population. However it is far easier to be afraid of the unknown, we may feel that the way Sharia law is interpreted with its harsh punishments is horrific but these customs are hundreds of years old and Muslims believe they come direct from God. It is not up to a different society to say what is right or wrong or dictate to them how they should treat their people.

VB: You briefly touched on the flogging and stoning of women, is this not an element of Sharia law, how could a western society such as the UK allow this type of behaviour in the UK?

RW: As I have already said there are misconceptions about Sharia law and how it affects women. In fact under true Sharia principles men and women are treated equally. The difficulties arise in how the principles are interpreted and the harsh punishments we see in other Muslim countries such as Nigeria and Saudi Arabia are representative of their cultures and traditions over many hundred years. It is arguable that in fact these harsh punishments do actually act far more as a deterrent against murder and theft than the approaches used in the UK. It was not that long ago that the UK abolished capital punishment and in fact executions still take place in America so I feel to a certain extent these types of punishment are not simply confined to the Middle East. What I am actually advocating is a way for Muslims to be able to legally resolve marital and financial disputes according to their faith and beliefs. This will in turn add benefit to society as it will ease the judicial pressure on the UK courts and not place burdens on the judiciary to make rulings on areas that they do not understand due to cultural differences. We ought to be able to now give our citizens the choice where they wish to have their disputes heard.

PW: If Sharia law is adopted there is a very real danger that the principles are very much open to interpretation as all the treatments and punishments seen in the Middle East are backed up by all kinds of scriptures from the Quran. For example: 10. Islam commands that drinkers and gamblers should be whipped. 9. Islam allows husbands to hit their wives even if the husbands merely fear highhandedness in their wives. 8. Islam allows an injured plaintiff to exact legal revenge—physical eye for physical eye. 7. Islam commands that a male and female thief must have a hand cut off. 6. Islam commands that Highway robbers should be crucified or mutilated. 5. Islam commands that homosexuals must be executed. 4. Islam orders unmarried fornicators to be whipped and adulterers to be stoned to death. 3. Islam orders death for Muslim and possible death for non-Muslim critics of Muhammad and the Quran and even Sharia itself. 2. Islam orders apostates to be killed. 1. Islam commands offensive and aggressive and unjust jihad. My argument is that we are not able to even begin to understand what it is like to live under these beliefs let alone understand what goes through a scholar's mind when they interpret the principles. You say that there are misconceptions about how Sharia law actually works, how can it effectively work in British society if British law puts constraints on how Muslims can interpret their laws? There is a vast difference between British law and Sharia law, that being the Church. English law may well have stemmed from the Church, this is no longer the case, how Muslims see their way of living is having everything to do with God and what they do on a daily basis is God's will. This can only cause conflict and resentment, how do we know what is God's will; the fundamentalists would argue bombing western civilisations is God's will, I disagree.

IW: My argument is that fundamentally Muslims are different to western societies and as we have already discussed peoples prejudices and ignorance means that there will always be conflicts between people with different faiths. The UK won't allow these type of punishments as it is not something it advocates. The same would be if British migrants went to places like Saudi Arabia, they would be required to live under the laws of that country. There has to be some give and take in society. I think the majority of Muslims in this country are happy to live under British law, we hear of recent opinion polls stating that 40% of Muslims in the UK want Sharia law, however why should these 40% decide what should happen for the other 60%? If some aspects of Sharia law assist those 40% then I don't see what is wrong with Sharia courts being recognised to assist with marital and financial disputes. Customs and traditions make us who we are, if the UK turns its back on people and lets these die out, there is a real danger that we could see more extremists and fundamentalists.

VB: Won't the introduction of Sharia law have an adverse effect on other religious groups in the UK?

RW: Not at all, there are already orthodox Jewish courts operating in the UK that are legally recognised. In fact I believe that by not allowing Sharia law to operate under license in this country could be seen as a form of discrimination. It would have a very positive effect on UK society, as we will be seen as embracing and welcoming different customs and cultures, as well as giving us the chance to study and understand them at close quarters. With this knowledge and the ability of citizens from differing cultures and backgrounds to live together in harmony can only benefit the world at large and could potentially make a contribution to world peace.

VB: Many would say that there can only be one set of laws, and those who choose to live in Britain should live under the laws of Britain, what are your feelings on this?

RW: There is an argument that we should all be subject to the same laws and people who look favourably on a parallel system of religious courts for civil matters claim they do no harm if all parties consent to their use. I agree with these sentiments, the UK is a democracy allowing freedom of speech and beliefs; if we do not allow this choice then we are simply no better than a dictatorship. Our society is changing, demographics are changing around the world if we want to encourage talented people to migrate to the UK they need to feel content that they can practise their beliefs without being in danger of breaking the law or being resented for having those beliefs. By giving them the choice of being able to settle marital and financial disputes according to their religious customs will as already discussed benefit society in the UK.

PW: I don't feel that Dr Williams has considered fully the implications of Sharia law on women and their equality. This is a very important issue and he shouldn't overlook this. It is very easy to make sweeping statements about the benefit to society of recognising Sharia law, but this is fraught with danger. We are frankly making decisions on behalf of communities we do not understand about what is in their best interests. You talk about it being okay as long as all parties consent to their use, but how are we going to know that women from traditional and religious families have given consent when they are under huge pressure from their relatives? We all know that under this culture, hundreds of women each year are forced to marry against their will some of them with tragic consequences. How can a liberalised western society be seen to allow this to happen? Our laws are in place to protect our citizens, by allowing certain parts of the community to opt in and out according to their religious beliefs is surely fundamentally against the doctrine of the ‘rule of law'. I am not convinced by Dr Williams's arguments as there is still plenty of evidence that Sharia courts are a means of consolidating patriarchal power in societies where Muslim women have begun to demand the same rights as men.

I would like to read a quote from Maryam Namazie, head of the Council of Ex-Muslims who advocates these sentiments by saying, “A child is swathed in cloth from head to toe every day. Everything but her face and hands are covered for fear that a man might find her attractive. At school she learns that she is worth less than a boy. She is not allowed to dance or swim or feel the sun on her skin or wind in her hair. This is clearly unacceptable, yet it is accepted when it is done in the name of religion.”

IW: Many interpretations of Islam see women as less able or less equal members of their society; by allowing them protection under UK law means their rights are preserved. We read about so called ‘honour killings' because the woman has disobeyed and disgraced her family, in this day and age this shouldn't be allowed to go on. It is unfortunate that we will find conflicts in society by having parallel sets of laws relating to divorce. If a woman finds herself in an intolerable situation where her husband is violent towards her and her children she is likely to look to the British courts for protection. If her divorce is granted through this system, cultural difficulties could mean she is in danger from repercussions of her actions from her family. On the other hand if she is railroaded into Sharia courts which is quite often the case, evidence suggests that Islamic leaders are reluctant to grant divorces to women who have children and that the Islamic Sharia Council hears both sides but relies on religious texts to decide whether divorce should be granted.

This is an issue that is not easily resolved and we can't look to the experiences of divorce amongst western women as being a universal experience for Muslim women.

VB: I would like to ask both Patricia and Irene their thoughts on the following questions:

My husband says that Muslims are all extremists and want to convert western countries to their way of thinking, what do you think of this?

PW: We are all entitled to our opinions and unfortunately our prejudices come out in these. None of us know what makes a Muslim an extremist and we can't know what makes someone happy to die in the name of God. The only way we would know this is if we were in their shoes. To make such a sweeping statement is dangerous and encourages hatred and racial incitement. I often hear comments that blacks are not as capable as white people and people are shocked when they hear that I am a lawyer and a teacher, I am no different to anyone else, I breathe the same air, walk on the same earth and yet I am a slightly different colour than you, the same can be said about Muslim people.

IW: I have to say that I agree with Patricia in the main on this issue. Until society understands the differences that make it what it is, there will always be these prejudices, as I said before we need to be able to deal with these effectively so they do not become out of hand. There is also an issue with how Sharia law is going to be made formally recognised. Are they to be placed on the statute book? In which case who will be deciding on the interpretation of them and agree how they are to be written? I don't think it is a simple exercise because we cannot have the British government ratifying laws that they do not understand and can't pretend that they do. Then there will be the issue of policing these laws, if there are criminal implications of breaching them, such as laws on marriage, bigamy etc, how will this work? I cannot see how parallel laws with different punishments will work in the same society, particularly if one part of society receives a harsher punishment than the other. There will be different measures of social acceptance of customs and inequalities between communities will arise because of this.

KL: We are running out of time so the last question will need to be a quick one!

VB: Has the issue come about as a result of the bombings and 9/11? Are we hoping that if we show them some understanding the terrorist threat will disappear? Is therefore this not simply a political issue rather than a cultural issue?

PW: Victoria, I think you have hit the nail on the head with this question! I do very much believe this to be a political manoeuvre and not simply in the UK. This also has a great deal to do with America and trying to curb the threat of international terrorism. Britain knows that all the while it is fighting terrorism it has an ally in America.

IW: I totally agree but just by using this as a political aim will not sort out the underlying societal difficulties. The only way to do this is by education and being more understanding. Unfortunately it is a fact that whilst there is religion there will always be a war as we all know religion is the main reason we see civil unrest and wars. Looking at the Arab-Israeli conflict we can see that by separating people according to religion and allowing migrants to have land that belongs to the original settlers does not work. Let's hope we can learn from that but history does have a habit of repeating itself.

KL: This has been an interesting discussion and I feel that many more will be had on this issue. I would like to thank all my guests for their contributions, and until next week, goodbye.

-END-

 

Bibliography:

Texts:

• Just LawHelena Kennedy
• Aboriginal Women's Laws and Lives: How might we keep growing the law? Irene Watson
• The Alchemy of Race and RightsPatricia J Williams

Web References:

• BBC News – Q&A Sharia law explained – 08/02/08, printed 26/03/08
• BBC News – Archbishop guilty of innocence – 11/02/08, printed 26/03/08
• Guardian.co.uk – Sharia law Explained 20/08/02, printed 14/03/08 11.30am
• Independent.co.uk – Joan Smith: British women are already suffering from Islamic law 10/02/08, printed 14/03/08 11.28am
• Independent.co.uk – Williams tries to defuse row over sharia law but refuses to apologise – 12/02/08, printed 26/03/08
• Islam in English Law – Civil and Religious Law in England – lecture by the Archbishop of Canterbury, Dr Rowan Williams - 7 February 2008
• Islam, Irigaray, and the retrieval of gender – Abdal Hakim Murad (April 1999), printed 06/03/08
• NewsWithViews.com – Dr. Laurie Roth Ph.D 02/02/07, printed 27/03/08
• The ‘Sharia Law Debate' in Ontario: The modernity/premodernity distinction in legal efforts to protect women from culture – Sherene H. Razack – 14/03/08 11.32am
• Times Online – Archbishop of Canterbury argues for Islamic law in Britain 08/02/08, printed 14/03/08 11.30am
• Times Online – It's time to take a stand against Islam and Sharia – 12/03/08, printed 27/03/08

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