Sharia Comes for the Archbishop

ستيفن شوارتز Ýí 2008-02-16


or alleged apostasy, that impose forcible marriage and divorce. But sharia fanatics call for something more: They want the public enforcement of religious decrees. Obligatory sharia for Muslims, enforced by the British state, is the ultimate threat implicit in Archbishop Williams's call for accommodation. <br />
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Counterintuitive as it may seem, the Islamists' call for introduction of Islamic religious law in the West is an innovation, not heard in Europe or the United States before the radicalization of Muslims at the end of the 1970s. This is because it is actually a violation of traditional sharia, which commands that Muslims living in non-Muslim lands obey the law and respect the customs of the host countries. This requirement is spelled out, for instance, in the sharia volume A Code of Practice for Muslims in the West (1999), which quotes the moderate Iraqi Shia ayatollah Ali Sistani pronouncing that Muslims living in non-Muslim nations must commit themselves &quot;to abide by the laws of that country,&quot; as they implicitly promise to do when they sign an immigration form. If they cannot do this, they should return to Muslim territory. <br />
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Traditional sharia also forbids antagonizing the local majority in non-Muslim societies. Through most of Islamic history, jihad against non-Muslims referred to warfare between states and armies, not infiltration and conspiracy. For normal Muslims, there is a duty to protect one's family and community by showing a good civic example to non-Muslims. <br />
Many great Islamic polities--including the Ottoman empire, the most powerful Muslim state in history--refused to grant primacy of sharia over common law. The Turks maintained a legal standard, kanun, for administration of government, taxation, and related affairs and left sharia to family and religious matters. Exclusive authority for sharia is an Arab and Pakistani fixation, occasionally sprouting in the margins of the Islamic global community--in parts of Nigeria, northern Malaysia, and the Muslim diaspora in the West. <br />
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Family law is the most controversial aspect of sharia, because radical Muslim concepts of modesty, and traditional regulation of marriage and divorce, violate Western canons on women's equality. Many Muslim clerics in Western Europe acquiesce in, and offer mendacious legal interpretations to support, such offenses as wife-beating, polygamy, female genital mutilation, honor killings, forced marriage, forced divorce, and the Saudi practice of &quot;tourist marriage.&quot; (Late last year, the Saudi daily al-Watan claimed that Saudis have spent $25 million over the past three years on this scam, in which Saudi men on vacation deceptively marry local women for a summer, then divorce them before returning to the kingdom. Some of this behavior is derived from local cultures, but it has been assimilated by Islamist ideology.) <br />
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In practice, government recognition of the jurisdiction of sharia courts over matters of common law in the West would mean either sharia on the cheap dominated by ignorant radicals depriving British Muslims of their due rights--or an extremely elaborate system making room for the six main schools of Islamic jurisprudence, providing for an administrative apparatus, certification of judges, appeals, and so on, creating a major burden on the public budget. Sharia as a basis for strictly voluntary mediation of family or business disputes might sound well and good, except for the likely appointment of radicals as arbiters. <br />
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Archbishop Williams failed to see that demands for sharia in the West have little to do with increased respect for Islam and everything to do with the continuing radicalization of Muslims. His lightminded remarks aggravate, rather than diminish, the growing tensions between Muslims and non-Muslims in Britain, the West's main center for expansion of radical Islam.&nbsp;</p>
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