Muslim
Laws and Western Society
Altercation Over Anglican Leader's
Comments
By Father John Flynn, LC
ROME, FEB. 17, 2008 (Zenit.org).-
Remarks made about the introduction of Shariah -- a strict form
of Muslim law -- by England's Anglican leader, Archbishop Rowan
Williams, sparked off a storm of criticism. His comments, made
in the form of a speech and a separate interview with the BBC,
caused such a hostile reaction that they had to be clarified in
a subsequent declaration, and in another speech.
In the interview the archbishop of
Canterbury declared that the introduction of some elements of
Shariah law in the United Kingdom seemed "unavoidable," reported
the BBC on Feb. 7. He even went so far as to affirm that
accepting some elements of Shariah could help social cohesion in
the country, and also suggested that marital questions could be
handled in Muslim tribunals.
The speech, also given on Feb. 7, was
titled "Civil and Religious Law in England: a Religious
Perspective," the first in a series of lectures on Islam and
English law at the Royal Courts of Justice. In his address
Archbishop Williams questioned the assumption that all citizens
should be "under the rule of the uniform law of a sovereign
state."
The immediate reaction was extremely
negative, often overlooking many shadings of the lengthy speech
made by the Anglican leader. Some commentators labeled the
archbishop as a "traitor" while others questioned his
intelligence, his prudence, or both.
Editorials in the major daily newspapers
were also antagonistic. On Feb. 8, the Times called the
archbishop's remarks "astonishing," and "an act of appeasement."
The Telegraph was not as hostile, but still commented that
Williams should have kept his silence on this issue. The
Guardian editorial was also in disagreement with the position
expressed by Williams. A Financial Times editorial Feb. 9
described the archbishop of Canterbury as "badly muddled."
Church-state
A reading of the actual texts of the
lecture and interview reveal a more excursive argument than many
of the initial media reports allowed for. Williams did, in fact,
acknowledge the abuses committed in some countries due to
extreme applications of Shariah, and made it clear he was not
talking about introducing such measures as amputation of limbs
or forced marriages.
He also qualified his suggestion of the
use of Shariah by saying it should be an option, not something
obligatory. "I think it would be quite wrong to say that we
could ever license, so to speak, a system of law for some
community which gave people no right of appeal, no way of
exercising the rights that are guaranteed to them as citizens in
general," he declared in the BBC interview.
In his lecture the archbishop of
Canterbury called for a reflection on how we deal with conflicts
between civil law and diverging cultures and religious beliefs.
He mentioned, for example, the question of conscientious
objection to performing abortion, and the matter of Catholic
adoption agencies being forced to assign children to homosexual
couples.
A number of commentators also remarked on
the difficulty of understanding what Williams exactly meant in
his lecture, due to its dense and circuitous wording. In fact,
rather than a cohesive argument it was more a series of ideas
designed to provoke a discussion. Such a method, however, soon
fell prey to selective quotation as it's not easily reduced into
30-second media bites.
On Feb. 8 the archbishop of Canterbury's
Web page was forced to publish a declaration titled: "What Did
the Archbishop Actually Say?" The statement cautioned that
Williams "sought carefully to explore the limits of a unitary
and secular legal system in the presence of an increasingly
plural -- including religiously plural -- society."
Reasonable
"In doing so the archbishop was not
suggesting the introduction of parallel legal jurisdictions, but
exploring ways in which reasonable accommodation might be made
within existing arrangements for religious conscience," the
declaration continued.
Williams himself returned to the subject
in an address given Feb. 11 to the Church of England's general
synod. After apologizing for any "unclarity" in his earlier
remarks, the archbishop went on to affirm he was not in favor of
parallel jurisdictions or of negating basic human rights.
The question, he said, is "whether certain
additional choices could and should be made available under the
law of the United Kingdom for resolving disputes and regulating
transactions." The Anglican leader also added that before the
introduction of any such possibility much careful work and
discussion would be needed.
"I wanted simply to offer a bit more of a
framework for thinking about this controversy," the archbishop
declared in concluding his remarks on the subject.
The Telegraph newspaper editorial of Feb.
12 was, nevertheless, not mollified. It declared concern that
the head of a national institution would call into question a
fundamental principle of justice: a single system of law equally
applied to all. The editorial also questioned the weakening of
British culture at a time when it is under threat from
aggressive Islam.
The Guardian editorial of the same day
also rapped the archbishop over the knuckles, saying that he
should speak "more clearly and better in future."
Obey the law
It wasn't just the media that was critical
of Archbishop Williams. On Feb. 10 the Sunday Telegraph
published comments by Williams' predecessor, Lord Carey, and
Cardinal Cormac Murphy-O'Connor.
"I don't believe in a multicultural
society," remarked the archbishop of Westminster. "When people
come into this country they have to obey the laws of the land,"
the Catholic leader insisted.
Lord Carey, archbishop of Canterbury from
1991 to 2002, expressed concern that separate systems could lead
to the creation of Muslim ghettos. He also noted that many
Muslims prefer, in fact, "to embrace the West and adapt their
faith and customs to Britain."
From Africa, Anglican Archbishop Ben
Kwashi of Jos in Northern Nigeria, was interviewed Feb. 8 by the
BBC. "Our people here are in shock that an Anglican archbishop
is calling for Shariah law," he exclaimed.
The situation of the church in the
northern states of Nigeria where Shariah is operative is "to say
the least, unbearable," declared Kwashi.
Some opinion writers also identified
deficiencies in the arguments advanced by Williams. David Rivkin
and Lee Casey warned in a commentary published Feb. 12 by the
Wall Street Journal, "There is a critical difference between
permitting some flexibility for religious practices within the
larger society and encouraging separate, and potentially
inconsistent, legal systems for different parts of the
population."
Many commentators also drew attention to
the inferior treatment of women by Islamic laws and to the
problems they already suffer in England. The spread of Shariah
courts would only worsen this situation, they warned.
Extremist influence
Tension between some aspects of Islam and
English society has, in fact, been very much present in recent
times. On Jan. 6 the Anglican Bishop Michael Nazir-Ali of
Rochester published an article in the Sunday Telegraph warning
that Islamic extremists have created "no-go" areas in Britain
where it is too dangerous for non-Muslims to enter.
"Attempts have been made to impose an
'Islamic' character on certain areas, for example, by insisting
on artificial amplification for the Adhan, the call to prayer,"
he also noted.
Meanwhile, an article published Sept. 7 by
the Times newspaper reported that almost half of Britain's
mosques are controlled by a hard-line Islamic sect called
Deobandi. The sect's leading preacher, Riyadh ul Haq, supports
armed jihad and preaches contempt for Jews, Christians and
Hindus, according to the Times.
Discussion on how to reconcile differing
cultures and religions is, indeed, a sensitive issue, and one
that needs to be addressed. It is highly doubtful, however, that
the proposals aired by the archbishop of Canterbury point the
debate in the right direction.