The Jubilee Centre Blog

On Islam and Social Cohesion

John Hayward   Posted: 7 February 2008

Keywords: Christianity & Religion, Government & Foreign Affairs, Worldviews & Culture,

Once again, the Archbishop of Canterbury has displayed his apparent misunderstanding of Islam by suggesting the adoption of certain aspects of Shari'a law in the UK "seems unavoidable." He stresses that "nobody in their right mind would want to see in this country the kind of inhumanity that's sometimes been associated with the practice of the law in some Islamic states; the extreme punishments, the attitudes to women as well." Indeed! And yet, inequality between the sexes - and, indeed, between Muslims and non-Muslims - is a fundamental principle within Shari'a law. It is precisely for this reason that the European Court of Human Rights has ruled the introduction of Shari'a is "incompatible with the requirements of a democratic society." Either we have one law for all and offer all British citizens equal rights, or we don't - there is no having it both ways.

As the Jubilee Centre noted in its 2004 book "Asylum and Immigration" (by Nick Spencer):

Irrespective of their level of integration, gerim† had equal rights before the law. They were protected from abuse, oppression, economic exploitation and unfair treatment in the courts. those who had chosen not to assimilate may not have been entitled to participate in national feasts but they were accorded economic employment and legal rights nonetheless.

Although the precise way in which these translate into the contemporary world will vary according to the legal and economic particularities of different societies, the overall implications of equality in terms of policing, law, employment policy and access to welfare should be clear.

In the same way as gerim had equal 'rights' before the law, they also faced equal prohibitions and equal punishments. To love someone is not to tolerate everything they do, to excuse their bad behaviour or to avoid setting any restrictions or regulations upon their freedom. Love is not the same as liberty.

If immigrants are entitled to the rights of the law, they are also obliged to accept its responsibilities, and indeed to respect its culture, traditions and social conventions.

† gerim is the Hebrew word usually translated in the Bible as "aliens" or "sojourners" but probably better construed as "immigrants".

On a final note, Rowan Williams is also being somewhat disingenuous when he claims "There's a place for finding what would be a constructive accommodation with some aspects of Muslim law, as we already do with some other aspects of religious law." The fact is that Muslim Sharia courts already exist in the UK and operate in the same way as Orthodox Jewish courts, the Beth Din. These are not separate from British law but a supplement to it. So, a Jewish couple getting divorced must still obtain a civil divorce in the same way as a non-Jewish couple would but, in addition, they must also have their divorce recognised by the Beth Din. The Archbishop's confusion between civil society with civil law is thus an unhelpful contribution to the debate on social cohesion.

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