It’s time to lay the sharia bogeyman to rest
Why are our lawmakers obsessed with “sharia law”? With the political temperature rising up as Britai
By Mehdi Hasan Published 21 June 2011
You might think that US Republicans considering a run for the White House in 2012 would have piles of political and economic problems to focus on: home repossessions, job losses, petrol prices and the like. Why, then, are so many of them apparently obsessed with sharia, or "Islamic" law?
The former senator Rick Santorum, who announced his candidacy for the Republican presidential nomination on 6 June, has denounced "creeping sharia" in America. Another GOP presidential candidate, the former Speaker of the House of Representatives Newt Gingrich, has demanded "a federal law that says sharia law cannot be recognised by any court in the United States".
This isn't just right-wing rhetoric. A dozen US states are considering measures to ban sharia - which they define as the "legal-political-military doctrine" behind Islamist terrorism. But defenders of the various bills and proposals are unable to cite a single court case in which sharia has been invoked.
Take Oklahoma, which became the first state to make it illegal for its judges to rely on sharia in November 2010. Yet Muslims make up less than 1 per cent of the state's population - a minuscule 30,000 out of 3.7 million Oklahomans. The residents of the Sooner State are as likely to be judged according to Jedi law as they are by Islamic law.
Fearmongering
The hysteria around sharia has become the modern-day equivalent of the 1950s Red Scare, with Islamists replacing communists "under the bed" - on both sides of the Atlantic. First there was the focus on jihad and "holy war". Then the hijab and the niqab. And now, sharia. The very word sends chills down the spine of not just conservatives but liberals, too. It conjures up horrific associations of hand-chopping, flogging and stoning.
In the words of the Islamic scholar and Oxford academic Tariq Ramadan, "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."
It isn't just Muslim intellectuals who have been pilloried for committing the cardinal sin of trying to have a calm and rational discussion about sharia. Take the Archbishop of Canterbury. Our esteemed guest editor might not thank for me raising the subject again (indeed, he might even be pulling at his non-Islamic beard as he reads the headline on this column), but in February 2008, ahead of a speech on Islamic law, Rowan Williams told the BBC that the adoption of some elements of sharia by the British legal system "seems unavoidable".
The political and media response was astonishing - frenzied, hyperbolic and Islamophobic. The Sun raised the spectre of "medieval punishments" being inflicted on the British public and claimed that the archbishop was "giving heart to Muslim terrorists plotting our destruction". Alison Ruoff, an obscure member of the Church of England's governing body, the General Synod, called on him to resign. Politicians, including the then prime minister, Gordon Brown, queued up to distance themselves from Williams's supposed gaffe.
The archbishop's nuanced yet thought-provoking speech in 2008 referred to a "real debate among Muslim scholars" over the meaning and scope of sharia and argued that "there is no single code that can be identified as 'the' sharia".
Most non-Muslims in the west seem united with hardline Islamists in the misguided belief that there is one monolithic, unchanging sharia. But Williams was right: there isn't. Sharia, which translates not as "Islamic law" or "religious code" but as "pathway to the water", extends beyond the realm of criminal and civil law and covers personal and ethical matters such as sexual relations, diet, hygiene, prayer, fasting and charity.
In the mainstream
There is no Muslim equivalent of the Ten Commandments codifying Islamic law. Nor does the Quran pretend to be an all-encompassing legal or penal code. Sharia, therefore, is constantly evolving, with different Islamic scholars - Sunni/Shia, conservative/liberal, Arab/ non-Arab - offering differing interpretations. Yet here in the UK, ahead of the government's publication of its updated strategy for tackling extremism and terrorism on 7 June, officials briefed friendly reporters that any "advocacy of sharia law" would be deemed a failure to “reflect mainstream British values" and seen as a sign of extremism.
It is absurd to describe those who express the slightest support for sharia, in any shape or form, as "extreme" or "un-British". Is Gordon Brown an Islamic extremist? When he was chancellor, Brown repeatedly urged the City to become the "gateway to Islamic finance" and encouraged the proliferation of sharia-compliant banking in the UK.
Then there are those practising and observant Muslims - moderate, integrated, non-violent - who would consider themselves to be adherents of sharia in an ethical or social sense. Are they extremists, too? Polls show that most British Muslims oppose the introduction of sharia in this country; the minority of those who do express support for Islamic law tend to be referring to the resolution of civil disputes. I have yet to come across any mainstream British Muslim group advocating the execution of Ryan Giggs.
So sharia isn't what many think it is. Nor is it coming to a courtroom near you. Tackling the crises in employment and housing should be the priority for legislators. It's time to lay the sharia bogeyman to rest.
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158 comments
@ David
If you are a Muslim can you explain why you have a Jewish name? I suspect the answer is you are bullshitting.
Olijaan
21 June 2011 at 18:06
Thank you. I couldn't have put it better myself, on this occasion.
'Keir: that's a nice get-out clause regarding crimes committed in the names of Islam and Christianity - care to elaborate?'
It can be said to be a get-out only after it's been shown to be one, surely?
Muslims are commanded to physically fight on account of their faith by their Qur'an. That is how Islam came into being, at the average rate of a battle every other year for 180 years, and not stopping then. Muhammad himself set the example, riding into battle on several occasions.
Christians are commanded not to fight, at least on account of their faith. They must 'turn the other cheek', which means that no insult is bad enough to justify retaliation, even verbal. Now people find Christianity difficult precisely because non-retaliation is too much for them. Yet they lay the blame for those who have attempted to exterminate Christianity at the feet of Christians.
That, poster, is not only evil, it is libel, or slander. Take care.
Holy Sharia Maria! I did not know there were so many "professors" who could not wait to comment on this hot issue. Well here is one more:
It is not Sharia that is the problem, it is the Muslims themselves. The religion they practice....wait Islam is the real problem, or rather founder of Islam... in fact it is religion that is the core of the problem...really it is civilization itself that causes problems... in fact it is human beings themselves... so let's ban humanity!
Thank you Mrs.Josephine Hyde-Hartley. Some of the others among us might find that now is as good a time as any to scroll back up to the top of the page and re-read the article. Slowly.
Gerry: as Mehdi said, only a minority of Muslims support sharia courts in this country. So, we're referring to a minority of a minority, as I said, within strict limitations; and I really don't see the state granting sharia courts legal status, so it seems to me that this is being blown out of all proportion.
As for those who say that sharia has no place in this country, you should be aware that the term refers to a code of conduct goverinng such aspects of life as the correct way to pray, for instance - so that is tantamount to saying that Muslims themselves have no place in this country, which I really hope isn't the message anyone is trying to convey.
I think there is a debate to be had on the subject, particularly concerning safeguards against coercion or misinformation (such as the recently proposed bill) but maybe I was just too optimistic in hoping for a reasonable and reasoned discussion on an article bearing the tag "Islam".
I see the bigots have been alerted and come here to spew their bile, the worst example being Julia Harris. Dearie me, go back 75 years and exactly the same things were being said about Judaism. We could take the worst excesses of any religious zealots and use them to paint the whole black - is the Westboro Baptist Church emblematic of all Christians? And where's the uproar against Beth Din courts, a form of civil law similar to Sharia - there are Jewish zealots who use their religion to oppress in the same way as Islamic zealots. The main point here is that both Sharia and Beth Din are used only within communities and DO NOT overrule or subsume UK law. Believe me, as an atheist I would be up in arms if that was the case.
Sharia and halal are being misused and misrepresented by politicians and media in order to scaremonger, anger and divide & rule. For those who refuse to consume halal, you should know that water, bread etc. is considered such - it's just a word, the same as kosher or gluten free.
@MatthewBlott
I don't normally reply back to ignoramus oiks, but David/Dawood, like Ismail/Ismaeel, like Isaac/Isaak, need I go on? Jesus/Isa, Mary/Mariam....Solomon/Suleiman???
To my haters, I am who I say I am whatever you think.
Its funny in my first article here I talk about how I am against sharia in the UK to protect those Muslims who are trying to escape from that exact system. If I was a BNP hater, would I give a damn? I don't have any issues with immigration.
Theres a funny thing with lefty's as soon you speak out against anyone or thing that are perceived as a minority you get the same people calling us trolls and bigots,
So heres a question - Is it k to say the Nazi's where terrible, wicked and evil without thinking that everyone who was joined to the Nazi party shared there views deep down and/or was in someway coerced into being a Nazi - they had no choice. But given the freedom to choose,those non-believers wouldn't be in that party if they were free to choose a life free of restraint and control.
I am a Hindu but agree with Mehdi.
There is no reason why the UK should not accrept Sharia.
It has happened once before, when Britain adopted another intolerant monoptheistioc Middle Eastern cult that is a blood sister of Islam: Christianity.
Muslims venerate Abraham, Isaac, Jacob, Moses, Joseph, David, Solomon, John the Baptist, Jesus and Mary.
So what's the problem?
Brits, don't complain. Once you go in for serious Judaic monotheism, sharia is what follows.
Enjoy.