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May 30th, 2008

French Muslims’ marriage annulled over virginity lie

Posted by: Tom Heneghan

A French court has annulled the marriage of two French Muslims because the husband complained his wife was not the virgin she had claimed to be. His lawyer won the case by arguing a civil marriage is a legal contract and lying about an important element in it amounts to fraud. Religion had nothing to do with it, he argued, and the court agreed. More details are in our news story here.

A bride waiting for her wedding, 14 Feb 2008/Shannon StapletonBut religion obviously had something to do with this. The man has a traditional Muslim view (and not only Muslim, by the way…) that his wife must be a virgin at marriage. Some Muslim families shun daughters who are sexually active before marriage, in rare cases going so far as committing a so-called “honour killing.”

The decision is also discriminatory. Only a woman’s virginity can be physically tested, so applying this standard violates the legal equality between men and women.

The clause in the civil code that the lawyer used is usually applied to cases where a spouse finds his/her new partner concealed an earlier divorce or had a physical or mental disability that made a normal sex life impossible. French media have mentioned earlier cases where it was used. In one, a man had his marriage annulled because he discovered his wife had been a prostitute. In another, a devout Catholic woman used it against a husband who had concealed his earlier divorce.

One interesting angle here — although Islam is mentioned in this debate, there hasn’t been much Muslim-bashing or suggestions of “creeping Sharia” like those made in Britain after Archbishop of Canterbury Rowan Williams suggested some elements of Islamic law should be taken into British law. It’s not surprising the husband’s lawyer did not mention religion because a French court would have thrown out an argument based on faith. The debate is over which issue takes precedence, prosecution of a fraud case or defence of equality and individual rights.

Amar Lafsar, rector of a large mosque in Lille where the case was tried, said Islam does not necessarily demand virginity for a new bride and gives men and women the same rights. Asked what he tells young Muslim women considering marriage, he said: “I tell them a girl should preserve herself for her husband, for her Prince Charming, and if the girls listen and preserve their virginity and chastity, that’s great. But they’re free. They’re in a country of law and liberty. Each is free to respond or not to the message.” Here he is speaking in French to RTL radio.

The man was reported to be a 30-year-old French convert to Islam and his wife a student of about 20 from a French Muslim family. According to Le Monde, the wedding festivities stretched late into the night and the husband, who had left with his wife, returned to the party and announced the news. He went to see his lawyer in the morning.

The case leaves a whole list of questions. Looking back, should the court have ruled as it did? Should the principle of sexual equality take precedence over the realities of a broken contract? And what should now be done? A government spokesman suggested an appeals court should review the verdict, but overturning it would place the woman back in a marriage her husband doesn’t want. Letting the verdict stand creates a precedent that, according to feminist philosopher Elisabeth Badinter, treats the woman as “merchandise.”

What do you think about this?

May 26th, 2008

UPDATE: Turkish crisis puts “post-Islamist” reform on hold

Posted by: Tom Heneghan

Turkish Prime Minister Tayyip Erdogan and guard of honour in Ankara, 17 March 2008/Umit BektasBlogging takes time, which I didn’t have on Friday after finishing an analysis for the Reuters wire about religion in Turkey posted here. I went to Istanbul to research several religion stories. The main impression I left with was that the prospect for religious policy changes raised by the “post- Islamist” AK Party government in recent years has mostly evaporated. The current political crisis that could end up banning the party and barring Prime Minister Tayyip Erdogan from belonging to a political party means the end of any liberalisation. In fact, the steam went out of the reform drive a few years ago after Ankara got the green light to negotiate Turkish membership in the European Union.

Turkey has been a test case for what Islam experts call “post-Islamism,” a trend among Muslim political groups that have given up dreams of some kind of Islamic state in favour of more democracy and human rights that include greater religious freedom (here’s a useful summary of the concept). The idea that Islamists could turn into “Muslim democrats” (or “latte Islamists“!) without a hidden agenda to introduce Sharia law once in power met with considerable scepticism. But the Erdogan government, which promoted greater freedoms in Turkey as a means to join the European Union rather than to break down secularist controls on religion in the public sphere, seemed to be prove this view. His cautious approach seemed to reflect a long-term policy to make changes gradually. It’s too much to say this could be a “model” for other Muslim countries because there are too many aspects specific to Turkey and the limits its powerful secularist elite places on religion in the public sphere. But it could be an important test case for reconciling democracy and religious rights.

Turkish models display headscarves at an Ankara fashion show, 5 March 2008/Umit BektasThe political analysts I spoke to were unanimous in rejecting the idea that Erdogan’s AK Party had a long-term “hidden agenda” to “islamise” Turkey. The real goal of Erdogan’s policy was to establish his bloc of business interests from the more religious countryside as partners in the national power structure dominated by the secularist urban elite. Part of this process was to appeal to the religious sentiments of the masses, but religion was never the core of its program. They dropped this caution after their election victory in 2007 by pressing for an end to the ban on headscarves at universities — and paid the price by provoking the legal challenge to their legitimacy.

“They are the victims of their own limitations,” Ankara University sociologist Dogu Ergil told me. “They wanted a place in the power system and once they go it, they stopped… They have depleted their reformist arsenal. This is as far as they can go. This was the end of their liberalism and understanding of freedoms.”

Cengiz Aktar, a professor of European studies at Istanbul’s Bahcesehir University, said the process of loosening restrictions on religion was not over, but it was now on hold for what he called a “period of restoration” that would reassert control by the secularist elite. “It’s put on ice. It’s not at its end. They will freeze it for some time. This ‘Turkish best practice’ needs to be rethought during this period of restoration. They will have to come back with a new idea.”

Rusen Cakir, a journalist who has written extensively on faith and politics in Turkey, agreed that efforts to reconcile democracy and Islam would continue but they were not the central issue for Turkish politics. The real issue was political power in Turkey, where the large state role in the economy means “if you control the government, you can control lots of money,” he said. Fears of a “hidden agenda” were unfounded, he said, but the secularist parties used them to mobilise their urban middle class base. “It’s kind of a class struggle. Each side has its own ideological tool — secularism or religion.” Or as Ergil put it, “religion here is a political instrument used by both sides.”

Pope Benedict and Ecumenical Patriarch Bartholomew light candles in Istanbul, 29 Nov 2006/poolIn a country where 99 percent of the population is Muslim, the remaining one percent is not politically significant. But the government’s attitude towards the religious minorities is a good barometer of how it feels about religious liberty. During my stay, I spoke with Catholic and Orthodox churchmen who reported little progress and some backsliding on the question of religious freedom. Their impression was also that Ankara had lost interest in any liberalisation after it got the green light for EU accession talks.

“The minorities were a hot issues for a while, but in the past two years, there has been no movement at all,” said an official at the Istanbul headquarters of Ecumenical Patriarch Bartholomew, spiritual head of all Orthodox Christians. A Catholic churchman said senior Church officials traveled under guard “and that tells you something.”

“We have to be very careful,” he said. “Some newspapers talk as if there were thousands of (Christian) missionaries in Turkey. We Catholics don’t evangelise. The Orthodox don’t either. Only some Protestant groups do, but they have also become very careful.” Turkish nationalists whippped up the spectre of Christian missionaries trying to “destroy Turkish identity,” he said. “The nationalists are in retreat, and this is a kind of parting shot from them.”

The hand of the statue of Pope Benedict XV under the cross of the Cathedral of the Holy Spirit in Istanbul, 27 Nov 2006/Fatih SaribasThat said, the Roman Catholic Church in Turkey is quite hopeful that the commemorative year for Saint Paul, who was born 2,000 years ago in Tarsus in today’s southern Turkey, will bring some small gestures of flexibility. The Church wants officials to allow a former church in Tarsus, now used as a museum, to be returned to its original state as a house of worship. The “Pauline Year” starting on June 29 would be the occasion to hand over the building to the Church for the use of the hundreds of thousands of pilgrims expected there during the following 12 months. Local officials have been quite helpful with preparations for the visitors, Bishop Luigi Padovese, the apostolic vicar for Anatolia, told me. But it’s still a big leap from being cooperative to actually handing over the church. Padovese is waiting for a final decision from the government.

In Tarsus, local business people clearly see the interest in the Pauline Year. The Tarsus Chamber of Commerce and Industry has set up the most interesting website Logo for the Pauline Yearabout the commemoration that I’ve found. Among the gems are 360° panoramic views of the Tarsus church, both its interior and its exterior, the story of St. Paul’s life and a detailed account of his missionary travels.

After my quick initial post on this story, an American reader asked what greater religious freedom meant for the average Turk — a very difficult question that I tried to answer in the comments section here. A Turkish reader sent me an email calling my analysis “a piece of scrap,” saying that “latest developments in Turkey” were not a reform and disputing “that people were under pressure on religious matters during the pre-AKP period.” But he declined to elaborate his criticisms when I asked for more detail, so I can’t say more than that this sounds like a critique from a very secularist Turkish point of view, one I do not agree with.

I notice from other blogs that the idea of “post-Islamism” is either new or dubious to many readers out there. What do you think about the idea that “Muslim democrats” are working to reconcile Islam and modern political systems?

May 16th, 2008

Secularist slide in Pakistan as local Sharia courts proposed

Posted by: Tom Heneghan

Pakistani voters in Karachi, 18 Feb. 2008/Athar HussainOne of the most interesting results in Pakistan’s general election last February was the victory of the secularist Awami National Party in the North West Frontier Province (NWFP) after six years of Islamist government in Peshawar. In a province where the Taliban and other Islamists had made heavy inroads, the vote for the ANP and the Pakistan People’s Party (PPP) seems to herald a turn toward some form of secularist democracy. “The greatest achievement of this transition to democracy is the rout of religious extremists who wanted to plunge Pakistan into anarchy,” Najam Sethi, editor of the Daily Times, wrote in his post-ballot analysis. “It is the rise of liberal democracy … that will help solve the problem of religious extremism in Pakistan.”

It’s only been three months, but the secularists seem to be backsliding already. According to Pakistani media, the ANP and PPP have agreed to allow qazi courts (known as qadi courts in Arabic ) to operate in Malakand, a rugged mountainous region in northern NWFP near Afghanistan. Qazi courts have a judge (qazi) who hears cases and quickly hands down decisions based on his interpretation of Sharia law. Although Malakand is officially a “settled area” where state and province laws apply, it also has tribes that often prefer their rough-and-ready Pashtun jirga system of justice run by tribal elders. By introducing qazi courts, critics say, the NWFP government will effectively cave to local Islamists, put an Islamic veneer over tribal justice and roll back the role of civilian justice. This does not sound like a turn towards some form of secularist democracy.

Since first reading about this on Ali Eteraz’s blog, I’ve seen that the secularists haven’t totally caved. The original proposal only allowed appeals to the Federal Sharia Court, but the latest version allows appeals in the Peshawar High Court and the Supreme Court in Islamabad. That’s an improvement, but it still gives the qazis considerable power.

Pakistani tribesmen at a jirga in Wana, 20 April 2004/stringerThe Daily Times called the qazi court proposal “a sop to the terrorism of the Taliban and TNSM” or Tehrik-e-Nafaz-e- Shariat-e-Mohammadi, an Islamist group trying to impost Sharia law in Swat. “The new qazi law is also not going to be accepted by the Taliban-TNSM combine. And once you get rid of terrorism, you don’t need qazis but a reform of the court system that the country makes use of outside the Malakand Division.”

One of the complaints about the way Pervez Musharraf dealt with Islamists was that he gave in to them too much. The return to democratic government was supposed to mean a return to the rule of civil law. Is the proposal for qazi courts, carefully packed in phrases about respect for local Islamic traditions, the sign the secularists are set to continue the Musharraf approach?

March 25th, 2008

Andi versus al Qaeda — in Germany

Posted by: Mark Trevelyan

Andi comic coverIt seems a bizarre tool in the hands of security officials, but German authorities believe a cartoon comic strip can help them get their message across to young people who might be tempted to flirt with militant Islamism. The unusual experiment in North Rhine-Westphalia (NRW), Germany’s most populous state, has stirred international interest from as far away as the United States and Japan, according to the team behind the idea.

The comic is aimed at 12-16 year-olds and has been distributed in mosques and to every secondary school. “The reactions are almost entirely positive,” said Thomas Grumke, the interior ministry official who first thought up the hero Andi, his Muslim girlfriend Ayshe and the rest of the characters, including a militant imam and two young men who fall under his influence.

The story, which can be downloaded here in German, is interspersed with short passages of text addressing key issues and terms like sharia, jihad and the difference between Islam and Islamism. On that last point, it says: “Islam is a monotheistic religion (a belief in one all-embracing God), which is closely related to Judaism and Christianity. By contrast, Islamism is a political ideology which poses as ‘true Islam’ and wants to realise this as a binding, guiding principle for state and society. This ideology is directed against the free democratic order and thus is unambiguously extremist.”

Andi and friendsAyshe, the feisty, headscarf-wearing Muslim girl in the story, is able to quote the Koran in defence of her relationship with non-Muslim Andi. When her brother’s friend Harun tells her this is forbidden by Allah, she fires back: “What a lot of nonsense. It says in the Koran we should be gracious and friendly towards those who don’t fight us because of our faith.”

Grumke said the feedback from Muslim girls has been that they are drawn to Ayshe as someone who is both devout and assertive.

He acknowledged that stereotyping is an issue when using the comic format, but he said figures like the militant imam in the story, who advocates fighting and killing non-Muslims, are not unrealistic. “This preacher has a stereotypical beard and clothing. Not every preacher has looks like that, but he may well do, and the likelihood is very high that he looks like that.

The comic initiative was launched by the NRW interior ministry’s department for protection of the constitution - Verfassungsschutz in German. Essentially it is a domestic intelligence agency which can use covert surveillance methods to track militants, but its boss Hartwig Möller told Reuters its role is about much more than just preventing attacks.

Hartwig MöllerIsn’t it just as dangerous if there’s a religious community which doesn’t practise violence but which in the long term wants to change our society, to abolish our democracy, and which is seeking free room in which to establish their standards, which aren’t compatible with the constitution, where sharia would be introduced which isn’t in line with our legal system. Isn’t that just as dangerous?” he asked in a telephone interview.

Aiman Mazyek, general secretary of the Central Council of Muslims in Germany , said the basic approach of the comic was right, but he regretted the authorities hadn’t consulted the Muslim community beforehand. The NRW ministry said it was prepared with the help of Islamic experts.

For more detail, read the Reuters feature and then let us know what you think. Is this the right message, and the right vehicle, for preventing young Muslims from embracing al Qaeda-inspired violence?

February 18th, 2008

Sharia comments debate details of Williams’s idea

Posted by: Tom Heneghan

Archbishop of Canterbury Rowan Williams, 11 Feb. 2008/Luke MacGregorComments on Archbishop of Canterbury Rowan Williams’s speech about sharia are starting to explore some of the ideas in more detail. Opinions are still mostly against the idea, but there are some defenders and there are more balanced arguments than the first wave of reactions. Here are some of the latest items we found interesting:

First of all, documentation — Ruth Gledhill came up with Williams’s Q&A after the speech, including the full text and the video. Note he insists he is talking about “supplementary jurisdiction” and not “parallel systems.”

muslimmatters.org argues in Shariah ‘Courts’ and Freedom of Contract that the issue is simply one of arbitration, something already allowed under the law: “The fact that the parties are choosing to settle their commercial or social disagreements by reference to the Qu’ran is therefore of no more consequence to society than if they decided to settle the same dispute by tossing a coin, asking a neighbour to decide, or any of the other myriad of ways in which human beings settle disagreements peacefully.”

altmuslim.com on One man’s sharia: “Now that the debate has become public, all concerned parties need to seek some clarity. What can be done through the courts that cannot today be done simply by mutual agreement? Proponents of sharia arbitration have not been detailed enough in their proposals to provide a suitable answer to this. If two parties want to agree to an Islamic solution that does not conflict with state law, then that is already happening in the form of arbitration. If the issue is enforcement, however, then by definition it is not mutually agreeable and the issue is about imposing a sharia interpretation that at least one party does not accept. It is this point that scares many non-Muslims and Muslims alike.”

UPDATE: Ekklesia has an interesting item called Muslims puzzled over Sharia row, but Evangelicals and inter-faith group urge debate which says: “Muslim lawyers say they are puzzled that Archbishop Rowan Williams raised the Sharia issue before they have had a chance to tackle some key concerns.” On the other hand, evangelicals are keen to start talking because they see this as a way to bring up their own concerns about secular laws. “We want to use this as a spring-board to find a way forward for those in our, and other, faith communities who feel disenfranchised on matters of conscience by the changing meaning of what it is to be British,” said the Rev Joel Edwards, General Director of the Evangelical Alliance.

The Washington Post’s On Faith blog has an interesting series of American reactions to Williams’s proposal, most of them not enthusiastic.

TotallyJewish.com reports on how Muslims are seeking advice from Orthodox Jews on how their Beth Din courts operate.

Mona EltahawyMona Eltahawy slams what she calls Delusions in Canterbury and says the archbishop’s tolerance towards sharia “is a tolerance that condones only the most conservative options for Muslims. It is at best a form of the racism of lower expectations - the cheapest bargaining chip of liberal guilt… As a Muslim woman - born in Egypt, raised in Saudi Arabia - I can only laugh at the archbishop’s naïveté. In Egypt, as in many Muslim countries, the legal system has been completely modernized, with the exception of one area that remains caught in the web of edicts issued by Muslim scholars who lived centuries ago — family law. Shariah is used only to govern the lives of women and children.”

Ali Eteraz continues to examine the implications of using sharia law in a Western context. Two latest posts are When US Courts Apply Islamic Law and Concurrent jurisdiction would be used to coerce average believers.

The Tablet, 16 Feb. 2008The London Catholic weekly the Tablet has a nice cover showing Williams among the lions in the Colosseum in ancient Rome. It also has two interesting articles:

Theo Hobson says in Quiet Voice of modernity’s enemy that “...liberal Protestantism is basic to our national identity, although people don’t tend to think of it as ‘liberal Protestantism’ but as ‘our Christian heritage’ and ‘our liberal tradition’. This is what Williams seems not to grasp, or chooses not to.”

The editorial Crisis of Identity makes the point that “… the process of secularisation is eating away at society. Too often, people of faith feel they no longer fit.

February 10th, 2008

Are we too addicted to soundbites to discuss religion seriously?

Posted by: Tom Heneghan

Pope Benedict XVIArchbishop of Canterbury Rowan WilliamsThe uproar over Archbishop Rowan Williams and sharia law brings up a question we’ve asked before with Pope Benedict — are we too addicted to soundbites to discuss complex religious issues in public? Both have tackled difficult issues in nuanced speeches, only to see — rightly or wrongly — that what they thought was their message did not come across.

The Guardian says Williams was naive to discuss such a complex argument in public: “This was the stuff of seminars and was never going to register in the mass market without being boiled down into soundbites. The archbishop did not do that, ensuring others would. As a result, this most humane of men finds himself being caricatured as supporting the severing of limbs.”

Do you think religious leaders should simplify their message when they speak in public? Or do we — the media, politicians, bloggers, readers — have to make more of an effort to understand them?

February 10th, 2008

Best of the blizzard over Rowan’s sharia brainstorm

Posted by: Tom Heneghan

The Sun, 10 Feb. 2008There’s been a blizzard of commentary about Rowan Williams saying that adopting some aspects of sharia into British law was unavoidable. A lot of it was predictable, like The Sun’s “Bash the Bishop” headline. But there are several thoughtful pieces out there that ask important questions about religion and the law. Below are links to some of the best I found surfing around today.

Our contribution is “Devil in details” in archbishop’s sharia plan.”

What lies beyond Lambeth’s Sharia humiliation? and A multi-faith muddle — two pieces by Simon Barrow, director of the Ekklesia religious think tank, who sees Williams trying to link a declining Church of England with growing minority groups to press for opt-outs for religious groups from laws they find aggressively secular.

Opposing Sharia Arbitration Courts in UK — U.S.-based blogger Ali Eteraz lists the problems he sees with incorporating sharia concepts into British law: “Conclusion — There is absolutely no reason for a Muslim to support Sharia arbitration.”

Reinventing sharia — Asim Siddiqui, chairman of the City Circle network of young British Muslim professionals, says Muslim scholars have to reinterpret sharia laws in a liberal way to ensure these “become dominant over time.”

The Trouble with Shariah — Yahya Birt, the former City Circle chairman, seems sympathetic to the idea but notes problems squaring sharia with civil law. “More clarity about what Shariah actually means is essential to moving this debate forward constructively.”

Islam Channel — This is a London-based satellite broadcaster by and for Muslims. Islam Channel logoClick on News-08-02-08 to get Friday’s newscast, with a long interview with Lord Nazir Ahmed. Note he says Muslims in Britain who want sharia law to encompass all aspects of life should move to a Muslim country that tries to do that.

BBC Reporting Religion — An interview with Baroness Haleh Afshar, a law professor who opposes introducing any aspects of sharia in British law.

A noble, reckless rebellionGuardian columnist Madeleine Bunting says “there is something mad and admirable” in the archbishop’s refusal to turn complex ideas into soundbites.

Misjudgment that made martyrs of others — Another Guardian columnist, Andrew Brown, says “there are certain things which may very well be true, and urgent and important, but which no archbishop can possibly say.”

Catholics say their tribunals do not seek civil law enforcement — It’s easy to forget that the Roman Catholic Church also has its own tribunals for personal law issues such as divorce and remarriage, but does not seek any legal recognition for this process.

February 8th, 2008

Trying to figure out what Rowan Williams is saying

Posted by: Tom Heneghan

Archbishop of Canterbury Rowan Williams, 23 Oct. 2006/Claro CortesArchbishop of Canterbury Rowan Williams has set off a storm in Britain by saying that some aspects of sharia Islamic law would have to be integrated into the legal system there. There has been almost unanimous criticism of his proposals, including from some Muslim politicians. I’ve read through both his BBC interview and Temple Festival speech to see if there is another message that is being drowned out by the headlines and hullabaloo. There are signs of one, but there are so many questionable assumptions and assertions about Islam and sharia in there that these issues naturally dominate.

The archbishop’s statement about some aspects of sharia being”unavoidable” is so clear that it is hard to argue in his defence that it was taken out of context or hardened up by headline-hungry hacks. This is not like Pope Benedict’s ill-fated Regensburg speech in 2006, where the pontiff quoted a Byzantine emperor slamming Islam and later said he didn’t mean to say he agreed with it. Williams talked about accommodating some aspects of sharia law and spoke in detail about this.

His main complaint seems to be summed up in this passage late in the speech: “One of the most frequently noted problems in the law in this area is the reluctance of a dominant rights-based philosophy to acknowledge the liberty of conscientious opting-out from collaboration in procedures or practices that are in tension with the demands of particular religious groups.” His example for this is the case of Catholic adoption agencies in Britain that have been told they must stop refusing to provide children to gay couples or risk being shut down. The law should allow opt-outs for cases of conscience, he argues, something that is already allowed for doctors who refuse to perform abortions. He also notes that Orthodox Jews have their own courts for some religious issues. So his argument seems to be that opt-outs are needed and Muslims need to have theirs.

Rowan Williams adjusts his mitre, 19 Feb. 2007/Emmanuel KwitemaSimon Barrow, director of the religion think tank Ekklesia, told me he thought “there may be a more reasonable case here than what’s come over.” But the former theology professor tripped up by trying to discuss the issues in public as if he were back in academe. The BBC interview only compounded this by adding the word “unavoidable.”

Williams made several assumptions and assertions about sharia law that cried out for explanation. If he held a news conference to explain his thinking, here are a few that I would expect to be challenged.

Some points by Williams (”ABC“) in the BBC interview:

ABC – “Sharia is a method rather than a code of law … there’s a lot of internal debate within the Islamic community generally about the nature of Sharia and its extent.” — Q. If sharia is so unclear, how can it be accomodated into something as exacting as a Western legal code?

ABC — “The principle, the vision, that animates the Islamic legal provision (on women’s rights) needs broadening.” — Q. Who will decide how to reform women’s rights in Islam and ensure that all sharia courts in Britain apply it? Who will suspend the traditional sharia rule that a woman is worth half a man when it comes to issues like inheritance or testimony in court?

ABC — “It would be quite wrong to say that we could ever licence so to speak a system of law for some community which gave people no right of appeal.” — Q. What is the purpose of allowing religious courts if defendants can turn around and appeal to civil courts to overturn decisions against them?

ABC — “That principle that there’s one law for everybody is an important pillar of our social identity as a Western liberal democracy, but I think it’s a misunderstanding to suppose that that means people don’t have other affiliations, other loyalties which shape and dictate how they behave in society.” — Q. Should Britain undermine such a fundamental legal principle to accomodate a minority (and probably a minority within that minority)? Is this the only way to do it? Would decisions by a sharia court, such as a divorce, have to be confirmed by a civil court?

Sharia judges attend the first Arab conference on Islamic law in Amman, 3 Sept. 2007/Majed JaberSome points from the Temple Festival speech:

ABC — “There are a good many voices arguing for an extension of the liberty of ijtihad – basically reasoning from first principles rather than simply the collation of traditional judgments.” Q. — Aren’t most of those Muslims stressing ijtihad the kind of liberal Muslims whose views are rejected by the more traditional scholars who would man a sharia court bench?

ABC — “This account would be hotly contested by some committed Islamic primitivists, by followers of Sayyid Qutb and similar polemicists; but it is fair to say that the great body of serious jurists in the Islamic world would recognise this degree of political plurality as consistent with Muslim integrity. ” Q. — Who defines who the ‘primitivists’ are and whether their views get a hearing?

ABC –”There needs to be access to recognised authority acting for a religious group … if we were to see more latitude given in law to rights and scruples rooted in religious identity, we should need a much enhanced and quite sophisticated version of such a body, with increased resource and a high degree of community recognition, so that ‘vexatious’ claims could be summarily dealt with.” Q. – There is no single religious authority in Islam and Muslims themselves often disagree on certain issues. How can Britain succeed in creating something Muslims themselves have not produced?

A sharia court in Gusau in northern Nigeria, 30 Nov. 2002/Juda NgwenyaAndrew Brown put it well in The Guardian Comment is Free blog: “Dr Williams, characteristically, is interested in the arguments over what sharia law actually says. The rest of the country is more interested in whether and how it might be enforced. Only if Islamic law can be reduced to a game played between consenting adults can it be acceptably enforced in this country; and that’s not, I think, how it is understood by its practitioners. Let’s hope I’m wrong.”

Have you noticed any other questions that should be put to His Grace?

February 7th, 2008

Rowan Williams says some sharia in Britain unavoidable

Posted by: Tom Heneghan

Archbishop of Canterbury Rowan Williams 16 April 2007//Mike CasseseArchbishop of Canterbury Rowan Williams, spiritual leader of the world’s Anglicans, has said the introduction of some aspects of sharia, Islamic law in Britain, was unavoidable. Other religions enjoyed tolerance of their laws in Britain, he told the BBC, and he called for a “constructive accommodation” with Muslim practice in areas such as marital disputes.

Williams stressed 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.

There are ways of looking at marital dispute, for example, which provide an alternative to the divorce courts as we understand them. In some cultural and religious settings they would seem more appropriate.” He also said that the argument that “there’s one law for everybody … I think that’s a bit of a danger“.

Talk about opening a can of worms … Who would decide which sharia laws would apply and which would not? Would Muslims be able to choose between the civil and the sharia courts? Could defendants appeal to civil courts if they thought a sharia court decision violated their basic rights? And is Williams right to say there is a danger in having one law for everybody?

What do you think about this?

P.S. — By coincidence, Williams spoke up for sharia on the same day as Britain denied a visa to Sheikh Youssef al-Qaradawi, one of Islam’s leading preachers known for his sermons on the Arabic-language satellite television channel Al Jazeera.

February 7th, 2008

The latest news about Islamic finance

Posted by: Tom Heneghan

General Manager of Abu Dhabi National Islamic Finance Aref Ismail Al-Khouri at Reuters Islamic Finance summit, 5 Feb. 2008/Jumana El Heloueh

The Islamic finance industry has grown rapidly as Muslims around the world seek investments that comply with their religious beliefs. A tripling of oil prices over the past five years has flooded the Islamic finance sector with petrodollars, accelerating that expansion. So what are the issues facing the industry now? Of special interest for this blog are questions about how religious principles and business practices interact. For example, is some Islamic banking too Islamic for its own good? Do some types of murabaha contracts actually violate sharia law?

These religious issues and major deals in Islamic finance have been discussed during a Reuters industry summit on Islamic finance this week. There’s a conference website here with text reports plus video interviews with leading players in the world of business by Islamic principles.

For a quick overview, here are some of the top quotes from participants.