SubscribeBBC Explains: Sharia Law Is Nothing To Fear
From those defenders of the faith (Islam) at BBC News:
Q and A: Sharia law explained
By Dominic Casciani
BBC News home affairs reporterThe Archbishop of Canterbury has come under fire after appearing to back the adoption of some aspects of Sharia law in the UK. But how does the legal system work and fit into society?
What is Sharia?
Sharia law is Islam’s legal system. It is derived from both the Koran, as the word of God, and the example of the life of the prophet Mohammed.
But Sharia differs in one very important and significant way to the legal traditions of the Western world: it governs, or at least informs, every aspect of the life of a Muslim.
What does it cover?
Western law confines itself largely to matters relating to crime, contract, civil relationships and individual rights.
Sharia is however concerned with more. Sharia rulings have been developed to help Muslims understand how they should lead every aspect of their lives according to God’s wishes.
What does this mean in practice?
All sorts of things in daily life. For example, many young Muslims ask themselves what they should do if colleagues invite them to the pub after work or college.
Many people would of course make up their own mind about the appropriate course of action. But others may turn to a Sharia scholar for advice.
So Sharia covers a lot of very mundane and banal daily issues where observant Muslims want to ensure they act within the legal framework of their faith.
So how are rulings made?
Like any legal system, Sharia is complex and its practice is entirely reliant on the quality and training of experts.
There are different schools of thought, which consequently lead to different rulings.
Scholars spend decades studying the law and, like with Western law, an expert on one aspect of Sharia is no means the authority on another.
Islamic jurists issue guidance and rulings. Guidance that is considered a formal legal ruling is called a Fatwa.
Do people go to court?
Sharia courts exist in both the Muslim world and in the Western world.
In parts of the Muslim world the criminal courts and their punishments are of course drawn from the rules of Sharia.
In the West, Muslim communities have established Sharia courts to largely deal with family or business disputes.
The internet has become a popular way of seeking a ruling with scholars. Some of the guidance to Muslims in the west which has been considered most outlandish has come from these sources, particularly where the scholar has no knowledge of the realities of western life.
Why is Sharia mentioned in the same breath as public executions?
Of all the issues around Islamic law, this remains the most controversial in Western eyes - and its presentation the most infuriating for Muslims.
Muslims say the Western world misrepresents Sharia by focusing on beheadings in Saudi Arabia and other gruesome punishments. The equivalent, they say, would be a debate about the history of Western law focused on America’s electric chair.
Some modern Muslim scholars say that while Sharia includes provisions for capital and corporal punishment, getting to that stage is in fact quite difficult.
The most famous Muslim thinker in Europe, Tariq Ramadan, has called for a moratorium on these penalties in the Muslim world.
He argues that the conditions under which such penalties would be legal are almost impossible to re-establish in today’s world.
But Muslims can be executed for converting?
Apostasy, or leaving the faith, is a very controversial issue in the Muslim world and the consensus of scholars believe it is punishable by death.
But a minority of Muslim thinkers, particularly those engaged with Western societies, argue that the reality of the modern world means the “punishment” should be left to God - and that Islam itself is not threatened by apostasy.
The Koran itself declares there is “no compulsion” in religion.
Egypt’s most senior cleric has faced a storm in the Middle East after floating some of these ideas but the debate may well continue for many generations to come.
So what kind of Sharia are we talking about in the UK?
The key issues are family law, finance and business. In practice many Muslims do turn to Sharia guidance for many of these day-to-day matters, particularly family disputes.
And how does this work in practice?
Muslims are increasingly looking to the example of Jewish communities which have long-established religious community courts.
These “courts” are legally recognised in English law as a means for warring parties to agree to arbitration. The law sees this as a practical way of helping people to resolve their differences in their own way, without clogging up the local courts.
But what about incorporating Sharia into British law?
In two important areas British law has incorporated religious legal considerations. British food regulations allow meat to be slaughtered according to Jewish and Islamic practices - a touchstone issue for both communities.
Secondly, the Treasury has approved Sharia-compliant financial products such as mortgages and investments. Islam forbids interest on the basis that it is money unjustly earned. These products are said by supporters to meet the needs of modern life in a way that fits the faith.
Has any western nation allowed Sharia to be used in full?
Not at all. Canada is widely reported to have come close - leading to protests in 2005.
But in reality the proposals were little different to the existing religious arbitration rules here in the UK.
Experts considered establishing Sharia-related family courts to ease the burden on civil courts - but said these would have to observe the basic human rights guarantees of Canadian law.
What about Sharia and women?
Some Muslim women in Britain are concerned about how their rights are protected. Take marriage for example.
Muslims only consider themselves truly married once they have conducted the Islamic ceremony, known as the nikah. In some cases, this means that there is a cultural view that the British civil ceremony, which enforces legal rights under the law, is not important.
Some mosques are alive to this issue and now demand to see a marriage certificate as a condition of the nikah. Others do not. Many women want Muslim leaders to do more to ensure their rights are protected under British law.
Does Sharia allow men to instantly divorce wives?
There is an idea that men merely have to say the Arabic for divorce three times (known as the triple talaq) and that is sufficient - and there are some men who think they have this right.
In practice, not only do texts show Mohammed disagreed but today, where Sharia courts are properly run, the words are merely a symbolic part of a rigorous process.
Marriage is a contract in Islam. Scholars expect three-month cooling-off periods, dialogue, arbitration and counselling. However, Talaq is a very complicated area of Sharia law with conflicting views - see internet links for one example.
So women have reservations about Sharia?
Some Muslim women in the West would be worried about protection of their rights in Sharia courts where there is discrimination against them because of patriarchal and cultural control in their communities.
This does not mean that they are necessarily opposed to Sharia - only there are live concerns about the fairness of its application.
It’s fair to say that many leading Muslim women are more concerned about how existing British equality measures and human rights laws can be used to improve their position and voice in society.
Thank Allah we have those Solons at the BBC to tell us everything will be okay.
How silly of those ignorant and racist British to balk at submitting to Islamic rule.
After all, Jews are already allowed to sell kosher food. So it is only right that Muslims should be allowed to impose Sharia law on themselves and (eventually) everyone else.
Be fair.
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19 Responses to “BBC Explains: Sharia Law Is Nothing To Fear”
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February 8th, 2008 at 1:33 pm
“This does not mean that they are necessarily opposed to Sharia - only there are live concerns about the fairness of its application.”
Oh brother.
February 8th, 2008 at 1:43 pm
On long accepted “cultural” punishments: “The most famous Muslim thinker in Europe, Tariq Ramadan, has called for a moratorium on these penalties [beheadings] in the Muslim world.”
Note that the “thinker” in question is not in the the middle east, but in Europe. Apparently he prefers to live there. Wonder why.
On apostasy: “But a minority of Muslim thinkers, particularly those engaged with Western societies, argue that the reality of the modern world means the “punishment” should be left to God - and that Islam itself is not threatened by apostasy.”
Note that once again, the “thinkers” in question live in the west and are a minority, and further, that the one important person in the middle east who has even suggested that apostasy might not be so bad is facing “a firestorm.”
Women’s rights: “It’s fair to say that many leading Muslim women are more concerned about how existing British equality measures and human rights laws can be used to improve their position and voice in society.”
Translation: muslim women who are not brain dead want to get the hell out from under sharia.
February 8th, 2008 at 1:45 pm
I get it now. Sharia law…just like our constitution. Gee!!
February 8th, 2008 at 2:27 pm
YEAH - BUT HANG THE TEN COMMANDMENTS IN A COURT OF LAW & ALL HELL BREAKS LOOSE!!!!
What we need is more tolerance towards those who worship a religion that will have our owns cut off. Great! No Thanks. I’d rather roll out the nukes now & get it over with.
February 8th, 2008 at 2:32 pm
OK Question: Out of respect for our union brothers, when Sharia law comes to the US, will public hangings from heavy equipment be handled by teamsters? cemetary workers? Iron workers? Can someone answer this?
February 8th, 2008 at 2:33 pm
Wow!
Look how fast the apologist come out to defend a traitor. They take a technical approach and give a word interpretation of Sharia. Meanwhile, some Muslims are shouting in the streets of Westminster, “Jesus is the Slave of Allah” and “Islam will conquer Rome”. Then another is detonating a bomb just outside Scotland’s airport.
I won’t get into how ridiculous comparing our capital punishment is to their practice of beheading.
Wow!
BBC=Britons Broadcast for Capitulation.
February 8th, 2008 at 3:06 pm
Muslim thinkers…is this a new concept?
February 8th, 2008 at 3:30 pm
We execute people in the US but only after many, many years of court battles and waiting and only for a very few number of crimes. I don’t see the US giving the death penalty to a child because they decided to convert to another religion. It so stupid that we must have “separation of church and state” to level that you can’t say anything about god in a public forum and yet we are suppose to submit to some set of laws cooked up and based on a manual that preaches killing anyone that is not a muslim. What the hell is wrong with the world that we are allowing this crap to go on. Slaughtering animals according to religious practices in a specialty butcher shop and complies with public health and food safety laws I don’t mind. When you start having religious officals/leaders deciding court cases and such, thats just wrong. What happens between a business dispute between a muslim and a christian, you want to be the islamic courts are probably going to favor the muslim.
Saudia Arabia I expect to have this stuff going on, they’re the home of this religion of nutcases. I don’t expect the UK to do this, I though better of them, some how I doubt if they got more conservatives in there, this wouldn’t be happening. If you want Islamic law go back to the middle east, don’t import it to western europe, north america, or any other place in the globe.
February 8th, 2008 at 3:31 pm
“Some Muslim women in Britain are concerned about how their rights are protected. Take marriage for example.
Muslims only consider themselves truly married once they have conducted the Islamic ceremony, known as the nikah. ”
Yes, I know that if i were a Muslim woman in Britain my main concern would be the marriage ceremony. Not so much the honor killings and the putting out of eyes with a glowing hot poker (wait, was that France?). Those I could take or leave.
February 8th, 2008 at 3:36 pm
Some Muslim women in Britain are concerned about how their rights are protected” I think all muslim women are concerned about how their lives will be protected now that the British will have to sit back and watch them get murdered for dishonoring the family by being brutally raped and beaten. Yeah, they are worried all right, and the women of Britain better take heed too….sharia will not allow a woman to do anything but breathe. And that is with restrictions. What a sad day for a once great country….reminds me of what is in store for us.
February 8th, 2008 at 3:53 pm
““BBC Explains: Sharia Law Is Nothing To Fear””
Ever hear of the song, “I Fought the Law and the Law Won”?
More to the point, “….sharia will not allow a woman to do anything but breathe….” and breed.
February 8th, 2008 at 4:17 pm
The best thing about Sharia Law is that the Muslims are allowed to lie to achieve their ultimate goal.
http://www.israelnationalnews......spx/141178
So much for JUSTICE.
February 8th, 2008 at 4:28 pm
texaspsue …..”Muslims are allowed to lie to achieve their ultimate goal”
Sounds rather Clintonesque to me!
February 8th, 2008 at 8:00 pm
‘and the example of the life of the prophet Mohammed’
Oh crap, i better hide my three daughters, they are all under 10.
February 8th, 2008 at 9:35 pm
How does summarily executing those who dare to besmirch the name of Mohammed fit into our present legal system?
Or, the UK considers themselves too civilized to partake in capital punishment, but if the Muslims want to, well it would just be wrong for them to stop them.
Did the author even read his own piece?
So that means most Muslim thinkers think anyone leaving the Muslim faith should be executed.
What am I missing here?
February 8th, 2008 at 10:17 pm
Nonsense. First, marriage isn’t a contract in islam, it’s a matter of ownership.
Second, islam doesn’t call for a ‘cooling-off period’. If your wife hasn’t had her period yet–or if she’s not old enough to have her first period yet–and you want to divorce her, you have to wait up to three months to make sure she’s not pregnant. That’s not a ‘cooling-off period’ to see if you can’t patch things together when you calm down, it’s an ‘observation’ period to make sure when you dismiss her she’s not taking your property (i.e., her child) with her.
February 9th, 2008 at 10:58 am
The perforation of an Islamic vital organ will occur when everyone realizes that the Qu’ran is no more inspired from the Creator of the Universe as the Mayan and Incan religions were. Someday the correct set of words will become public knowledge, and it will then proceed to stab this Beast to death.
The bugle is sounding, and the cavalry is preparing to mount. Battle is imminent …
February 9th, 2008 at 9:43 pm
USA Main Street 2050: Early morning Saturday - the scene - one truck circling through the neighborhood announcing the public notice:
“Infidel drive today. Please have your homosexual sons & wayward daughters tied at the curb by 12:00 o’clock today for pick up.”
July 9th, 2008 at 1:26 am
These filthy PIGS are trying anything to force their backward, 7th century way of living on all of us. They sugar coat their barbaric rules hoping to make the tolerant western world fall for this B.S. Listen to it at your peril. I won’t go along for the ride thats for sure. The 2nd ammendment and the recent ruling by our left leaning supreme court gives me the tools to take care of the problem if it comes to my house.