Rethinking Islamism II

Misconceptions and fears about sharia.

One of the first, and foremost, fears about Islamism is that its aim is the imposition of sharia law. That in itself is open to question, and I will come to that in a later post. But the very concept of sharia has been so oversimplified by scaremongers that, in the popular imagination, it is inextricably linked with the punishments of beheading, flogging and amputation for crimes such as theft and adultery, and for which Saudi Arabia has long been notorious.

Regimes like that of the Taliban, who banned flared trousers and jailed beard-trimmers, reinforced this view, which is why when the Archbishop of Canterbury made a modest suggestion about whether aspects of sharia could or should be incorporated into British law he faced a hysterical reaction and calls to quit.

As is sadly so often the case, the nuances in the lecture Rowan Williams delivered at the Royal Courts of Justice in February 2008 failed to have any impact on those whose closed minds alit on the word "sharia" and decided he was talking nonsense yet again. In fact, Dr Williams addressed this point very early on when he quoted Tariq Ramadan's chapter on sharia in his book Western Muslims and the Future of Islam.

"In the west," writes Ramadan, currently professor of contemporary Islamic studies at Oxford, "the idea of sharia calls up all the darkest images of Islam . . . It has reached the extent that many Muslim intellectuals do not dare even to refer to the concept for fear of frightening people or arousing suspicion of all their work by the mere mention of the word."

The example of Saudi Arabia undoubtedly has much to do with this. Yet it is important to stress that to look at that country and then assume that its version of sharia is the only one, or the one to which Muslims all secretly aspire, would be akin to holding up a vision of Torquemada's Inquisition and concluding that this was what real Christianity was. It is unrepresentative and, many would argue, a perversion.

"Barbarism"

Equally important is that the punishments which cause the greatest outcry -- flogging, stoning, etc -- come under the hudud laws, which are implemented in Saudi Arabia and were introduced by General Zia ul-Haq in Pakistan in 1979, but are the exception, not the rule, in most Muslim countries.

They are, in fact, an embarrassment to the many Muslims who consider them barbaric. So when Ramadan called for a moratorium on corporal punishment, stoning and the death penalty in the Islamic world in 2005, some non-Muslims criticised him for not going further. Why didn't he say the hudud laws should just be discarded or repealed?

He explained this by pointing out that most of the authorities "are of the opinion that these penalties are on the whole Islamic [because of textual references] but that the conditions under which they should be implemented are nearly impossible to re-establish. These penalties, therefore, are 'almost never applicable'." He later declared that "Islam is being used to degrade and subjugate women and men in certain Muslim-majority societies in the midst of collusive silence and chaotic judicial opinions on the ground". The present-day use of hudud, therefore, is clearly a misuse of sharia.

But Ramadan provides further explanation for why the simplistic view of sharia is wrong. He has written of "the fundamental distinction that should be established between timeless principles" -- "sharia as a way towards justice", as he puts it -- "and contingent models". In other words, to reduce the whole of sharia to a detailed and specific set of laws, none of which leaves room for interpretation or reform, is, in his opinion, to miss the point.

"The concern should not be to dress as the Prophet dressed," he writes, "but to dress according to the principles (of decency, cleanliness, simplicity, aesthetics, and modesty) that underlay his choice of clothes . . . It really is a way, a way toward the ideal."

Many-splendoured

Cast in this manner, it becomes easier to understand why sharia varies enormously in the countries where it enjoys official status. For a surprisingly favourable account of what it's actually like to experience a sharia court, by a Times reporter, click here.

In Malaysia, to take another example, sharia is co-equal with civil law but is applied only to Muslims, and then mostly in matters concerning family law, marriage, inheritance and so on. Chinese restaurants are free to serve pork, alcohol is widely available, and women are not required to cover up. The former prime minister Dr Mahathir Mohamad insisted on this latter point when I interviewed him in Kuala Lumpur this year.

"My wife does not cover her head. She's accepted," he told me. "It does not determine whether you are Muslim or not."

This may not be the type of sharia that all Islamists would favour, but not only would it suit some, it actually operates in a way that goes beyond what other Islamists advocate (about which, more later). You don't have to go as far as the authors of this interesting article in last July's Foreign Policy magazine, "What Israel needs to know about sharia" -- they argue that understanding sharia is the key to a peaceful coexistence with Hamas -- to appreciate that Rowan Williams did not deserve the barrage of criticism to which he was subjected two years ago (the Sun even set up a "Bash the Bishop" game on its website). Dr Williams was merely indicating that he knew (as I'm sure Christopher Hitchens does, too) that sharia is a highly complex and varied concept.

There are plenty who will object to any legal system or way of life that has a religious basis, regardless of how it operates. But the one word that is, above all, associated with sharia, stressed by Ramadan in his writings, Mahathir in his interview with me, by Bernard Lewis in his latest book and by countless others, is "justice".

I think we can agree that it is not just Islamists who are in favour of that.

Sholto Byrnes is a Contributing Editor to the New Statesman
Photo: Getty
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On the important issues, Louise Casey all too often has little to say

Far from moving the debate on, this new report on integration adds little to the report I commissioned in 2001. 

For 15 years, “numerous government reports on community cohesion and integration have not been implemented with enough force or consistency” concludes Louise Casey’s review of  integration.  The government’s lukewarm response suggests their effort will be as “diluted and muddled” as all the rest.

There’s a deeper reason why governments shy away from the measures that are needed. The report's wealth of data sets out a stark if sometimes contestable picture of a divided society.  But no amount of data can really bring the lives of our fellow citizens to life. As the Brexit vote underlined, this is now a nation divided by class, geography, education, wealth, opportunity and race. Those divisions colour the way we live our lives, the way we see problems in society, the relations we have with others, and our political choices. The report, like many before it, stops short of setting out that reality. It’s easier to pretend that most of us pretty much agree on most things; but just few people don’t agree and they must be the problem. Predictably, much of the early coverage has focussed on the Muslim community and new migrants. If only it were so easy.

According to Casey “in this country, we take poverty, social exclusion, social justice and social mobility seriously” and we do it “across political divides”. Apparently “creating a fair, just society where everyone can prosper and get on” is a cornerstone of British values. Yet for page after page the report chronicles the serial failure of this benign consensus to tackle educational under-performance, and economic and racial disadvantage. If we all agree, how come we haven't done anything about it?

These problems are not certainly easy to solve, but more lip service is paid to tackling them than effort. The practical material issues documented here need addressing, but punches are pulled when hard answers are needed. Given the dramatic impact of mass migration on cohesion, is integration possible while current rates of immigration persist? Can we find the political will to tackle poverty and disadvantage when those who might benefit from the effort are divided against each other by suspicion, race, geography and values? After all, rather than progressive policies producing a cohesive society, social unity is the precondition for the introduction of progressive policies.

We don't actually actually agree on what our “fundamental values” mean in practice. We can all sign up to democracy and the rule of law, but as soon as those are put into practice – see the court case on Article 50 – we are divided. When judges are popularly seen as “enemies of the people” and a vote in an elected parliament as a threat to democracy, in what sense are law and democracy fundamental?

Casey usefully highlights how treating homeless families equally, irrespective of ethnicity and length of residence can create the perception that minorities are being favoured over long standing residents. Our differing views on what is “just” and how “fairness” are defined can tear us apart. Is it fair to favour the newcomer over the indigenous? Is it just to put length of time on the waiting list above housing need? We often don't even acknowledge the legitimacy of other points of view, let alone try to find common ground.

The continual invocation of Britain and British values lends an air of unreality to the report.  Most people in England include British in their identity, but Englishness and English interests are of growing importance. In a worrying development, some areas of England  may be polarising between a white Englishness and an ethnic minority Britishness. Integration won't happen without a shared national story that combines a unifying national identity with the acceptance that we all have more than one identity that matters to us. Ignoring the reality of complex and multiple identities closes off one essential way forward.

None of this means that the criticism of some reactionary and occasionally dangerous ideas and practices in the Muslim community should be ignored and not confronted. But in a country where the established church opposes homosexual relationships and praise for Vladimir Putin's Russia is now mainstream politics it is hard to believe that all our problems can be reduced to the behaviour of a minority of a minority community.

John Denham was a Labour MP from 1992 to 2015, and a Secretary of State 2007 to 2010. He is Director of the Centre for English Identity and Politics at Winchester University