The question of what constitutes
"voluntary" remains. Could the state ever have confidence that a woman
whose marital problems were put before a Sharia court actually
"volunteered" for this process, or avoided it, or would have any say
whatsoever in accepting the court's judgement? In reality, the woman
never stood a chance.
If we are indeed seeing the beginning of this process, we are far from seeing what lies at the end of it.
What is Sharia and what should be our attitude towards it? These
questions, which have intermittently swirled around Britain in recent
years, have just re-erupted thanks to a
recent story in the Sunday Telegraph.
The story revealed that The Law Society -- the body which represents
and advises solicitors in England and Wales -- has drawn up guidance for
its members on how to draw up wills in accordance with Islamic law. The
document can be seen
here. As the
Telegraph
pointed out, High Street solicitors in England and Wales will now be
assisted in drawing up documents that refuse women an equal share of
inheritance and that discounts the potential inheritance of
non-believers entirely. Nicholas Fluck, president of The Law Society,
told the
Sunday Telegraph that the document, which would be
recognised by the national courts, would promote "good practice" in
applying Islamic principles. The paper claims that this document
effectively enshrines Sharia law in the British legal system for the
first time.
Since this is such an important matter it is crucial to note what is
right and what is wrong about this story. First the good news: this is
not the first entry of Sharia into British law. Now the bad news: it has
happened a lot already. This is just one in a string of such
developments.
The first opening that adherents and advocates of Sharia law were
given in the UK came from the 1996 Arbitration Act, which allowed civil
disputes to be settled by any means of arbitration to which both parties
consented. So, for instance, if two parties wished to have a dispute
voluntarily arbitrated by a religious or other social arbiter, they
could.
The point was that so long as the arbitration did not run contrary
to, or above, the rest of the law of the land (and this is an important
distinction to keep in mind), then the arbitration would get the stamp
of state approval. This condition was apparently intended to save the
courts' time and satisfy the religious demands of some groups.
The result, of course, was to leave an opening for advocates of Sharia.
Five years ago, stories began to emerge of some of these
"arbitrations." It turned out that not only had they overstepped the
confines of the law, but strayed far beyond it. They strayed, for
instance, into and above family law, when Sharia courts were found to
have advocated steps -- such as non-cooperation with police and forcing a
wife to remain with her husband even if he had abused her --
perversions of justice that should have been of immediate interest both
to the Crown Prosecution Service and the police. Yet nothing happened.
No arrests were made, and the various Sharia "arbitration" tribunals
were allowed to grow and keep growing.
Several years ago, there were said to be 85 such courts in operation
in the UK. In reality the number -- as most are informally put together
-- is doubtless much higher. The Muslim preacher, Anjem Choudary,
mentioned during an interview several years ago, that he runs his
"Sharia court" via his van and his mobile phone. All the issues that
came along with this and similar stories were ignored by a society
intent (after the first shocks) to look the other way.
The question, for instance, of what constitutes "voluntary" remains.
Could the state ever have confidence that a woman whose marital problems
were put in front of a Sharia court actually "volunteered" for this
process, or avoided it, or would have any say whatsoever in accepting
the court's judgement? The legal -- and indeed religious -- authorities
claimed that they could know this. In reality, the woman never stood a
chance.
Before this latest eruption, we had already come across the case of Sharia wills. In 2010, in the
Times of London,
a piece (by this author) appeared that focused on a known case of a
Muslim British man who had died without leaving a will. The dispute over
his estate was arbitrated -- and the estate disbursed -- according to
the principles of Sharia as overseen by a local Sharia court. The
daughters got half of the inheritance of their brothers, and so on.
So, to this extent, the Law Society's advice is not so much the
opening of a flood-gate as another drip in the slow drip-drip by which
Sharia principles are beginning to flood through the body of our Common
Law tradition.
The movement of Sharia principles into -- and over -- Family Law is
just one example. Other cases cover a huge variety of areas. There is,
for instance, the UK government's perpetual desire -- whether Labour or
Conservative -- to make Britain a center for Islamic Sharia finance.
This includes the issuing by the British government -- the first in a
non-Muslim country -- of Sharia-compliant bonds [
sukuk]. All
these financial decisions, and the decisions on the probity of
investments, will be made by a team of Islamic scholars. Whether their
idea of reputable investment is what the average UK citizen regards as
being reputable investment we shall have to see. But by pushing people
towards investing with them, the British government is supporting the
growth of investment in Sharia funds and thus strengthening such funds
and the people who promote them.

"I
want London to stand alongside Dubai and Kuala Lumpur as one of the
great capitals of Islamic finance anywhere in the world." — UK Prime
Minister David Cameron, addressing the World Islamic Economic Forum in
London on October 29, 2013. (Image source: 10 Downing St. Facebook page)
|
The strangest thing of all about this is not the slow erosion of the
principle of one law for all. It is not even the offering up of an
increasing number of parts of British life to an extremist ideology. It
is the ease with which it is all done. "This is not chopping off hands,"
Sharia's defenders say, scoffingly. "It is not chopping off heads or
lashing people," they continue. Some people already complain that
critics of Sharia are giving Sharia as a whole a bad name, lumping in
the "bad" Sharia with the "good" Sharia. In reality, of course, Sharia
law, officially adopted just this week by Brunei, apparently complete
with amputations and stoning, is not compatible with law as we have been
practicing it for over 2000 years in the West. The short-term political
gains for the political leaders who support it hardly seem worth the
long-term losses that will befall our society if we continue
incorporating this system of law into our national life. If we are
indeed seeing the beginning of this process, we are far from seeing what
lies at the end of it.
Labels: Britain, Human Rights, Islamism, Justice, Sexism, Sharia