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Rowan Williams, the Archbishop of Canterbury, has made admirable efforts to engage constructively with Islam and its clerics. His sensible conversations about the Muslim world stand in welcome contrast to the attitude of some of his colleagues, notably the Bishop of Rochester, whose remarks last month about unspecified “no-go areas” for non-Muslims were unnecessarily provocative. Many members of the Church of England were furious, and felt that those remarks undermined all the work they had been doing to improve interfaith relations.
In trying to retrieve that situation, and smooth sensibilities, Dr Williams did something yesterday that was far from sensible. He said that the adoption of parts of Sharia in Britain looked “unavoidable”, and called for “constructive accommodation with some aspects of Muslim law”, over issues such as resolving marriage disputes. Muslims should not have to choose, he said, between “the stark alternatives of cultural loyalty or state loyalty”.
These remarks are astonishing. Because a different set of rules seems “more appropriate ... in some cultural and religious settings” does not justify exempting one set of citizens from the laws laid down by Parliament. It is fundamental to this democracy that there should be one law for everyone. People of many faiths - Jews, Hindus, Sikhs - have settled happily in Britain without demanding a new set of laws for themselves. It would be more useful to ask how to help more Muslims to integrate successfully into what is a tolerant culture, than to urge a change in that culture to suit a notion that some parts of the Muslim community feel more comfortable with.
It is not clear how far the Archbishop is suggesting that Sharia should apply. He has certainly denounced its more extreme forms. It is also clear that Sharia differs widely in its application from country to country. But that is not really the point. In Britain, all citizens are equal before the law. Anything that might skew that balance ought to be wholly unacceptable.
In 2001 the European Court of Human Rights stated that Sharia clearly diverged from the human rights values enshrined in the European Convention. In 2005 concerns about human rights and women's rights led to a storm of protest in Canada, when the attorney-general of Ontario proposed to adopt Sharia-based law to settle Muslim family disputes over divorce and child custody. The proposal was quashed on the grounds that there should be one law for all Canadians, amid fears that Islamic tribunals could lead to discrimination against women.
Dr Williams may be unaware of the Canadian experience. But while his desire to reduce what he calls “social suspicion” is genuine, his way of going about it seems guaranteed to create even more suspicion and hostility. The established Church was founded to break from the parallel jurisdiction in Rome. It is extraordinary to hear the head of the established Church, 500 years later, argue for a return to a parallel jurisdiction for another faith. We all wish to live in harmony. There are important questions to be answered about how to make Muslims feel more welcome in British society. But this is an act of appeasement. It threatens to undermine the practice of all faiths in Britain and the strength of our parliamentary democracy.
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Am I the only cynic who is thinking that perhaps Gordon got the Archbishop to say this to 'bury the bad news' about the true extent of the exposure of the public purse (£100,000,000) to the Northern Rock crisis? Maybe so but it is very convenient for the PM non-the-less.
Chris Harland, Kingston upon Hull, East Yorkshire
Leaving aside the oddness of an Archbishop arguing for a Mulsim legal "space" in a speech which never once mentioned Jesus or Christianity, his speech was strangely ill-informed. English law in matters of contract already respect the party's choice of law and arbitration tribunal. The parties could choose sharia law and an immam as arbitrator. Moreover, Sharia courts in the UK currently acting lawfully and peacefully in fact issuing rulings which are obeyed as a matter of consent (much the same way as Orthodox Jewish courts do). So what more "accomodation" is really required ? The Archbishop accepted that certain rules - over personal liberty, freedom of marriage and freedom of religion, must forever be regulated by the law of the land.
victor, London, UK
Is there no where to live now to get away from religion?
Rick Z.
Rick Z., Harrogate, North Yorkshire
Dr. Williams suggestions would only serve to further isolate Muslims in Britain. What's desparately needed is their integration into mainstream society. The creation of a separte Muslim legal system would be a disaster for everyone. He has to go.
Alex Gowes, Detroit , USA
This is a very dangerous slope to follow. Learn more by checking out this blog about shariah finance and its impact on free western society.
http://shariahfinancewatch.wordpress.com
allyson rowen taylor, Los Angeles, CA USA
He wasn't suggesting how sharia should apply, nor was he suggesting that UK law shouldn't. He suggested we should debate the issue and offered a few starting points.
Why, if I can agree to have a contractual arrangement with another individual decided by e.g. New York law in a UK arbitration, can I not agree with that same individual to settle our differences by Sharia in a UK arbitration? On what principle do we allow the former but refuse the latter?
UK law is remarkably accomodating to the will of its subjects, because it recognises that it is from them that its authority flows.
Adding another law would of course pose practical problems, but none so grave as to be overcome. So why, on principle can two British Muslims choose to settle their differences on any basis that they see fit?
TomD, London, UK
well i dont think the Bishop of Rochester made a mistake. he did what so many politicians fail to do. and thats tell the truth.
Dr Kevin Law, Dundee, UK
I completely agree that the Archbishop has made a grave mistake in suggesting that parts of Muslim law should be adopted in Britain, as I believe that it should be fundamental to any democracy that there be one law for for everyone, however, I do not believe that to be the case in Britain any longer.
Is it a fallacy that, for example, Sikhs are exempt from wearing motorcycle helmets? Was the article suggesting men who go to Britain with more than one wife and soon able to claim benefits for all wives, incorrect?
Whilst I think many might consider these examples to be minor differences in the law, I don't doubt the boy who put his finger in the dyke probably thought it was only a small leak.
Patricia Thornton, Veliko Tarnovo, Bulgaria
The ball is rolling, kicked by Williams, raising the expectations of separatist muslims living in the west, what happens when these expectations are denied by the government?.
Williams should be proscuted for inciting trouble.
wayne, huntingdon, cambridgeshire
Hardly surprising, the Anglican communion has been trying to shove social conservativism down the throats of the American church. Is it any surprise that the Archbishop would want Sharia law? Why just oppose homosexuality on religious grounds when you can outlaw it for part of your population. Christian and Muslim social conservatives have much in common, a complete disregard for human rights.
Larry, San Francisco, USA/CA
I think Mr Williams should take a look at the five pillars of faith in the Koran.
They all lead to assimilation to the Muslim faith of the indigenous population as proved in history , I think we have a good tolerance to other religions and cultures in the UK and don't need to change it .
sharia law dose not cater for modern times outdated clumsy inhibited and unchanging .
vinnie , manchester, lancashire