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The Unavoidable Sharia And The Continued Tolerance By Babandi Gumel
Britain is well known and respected for the tolerance accorded to all its citizens right from the time of the empire to the present day British Society of the 21st Century. Muslims like all other minorities have been in Britain long and continued to live in this multi cultural society enjoying freedom like all other ethnic groups. Majority of the Muslims started to emigrate and settle in Britain after the Second World War and they continued pouring up to today. The recent comment by the Archbishop of Canterbury Dr Rowan Williams that “it seems unavoidable” some of the Muslim Sharia Law could be adopted here in Britain has a generated furore and controversy. At least it has opened debate with majority against it and some in favour .In the interview with the BBC the Archbishop was asked if Sharia needed to be applied in some cases for community cohesion to which he replied “it seems unavoidable”. The Archbishop was of the opinion that Muslims like the Orthodox Jews needed to resolves some of their own personal domestic matters the ways Beth Din the Jewish Religious Courts settle matters. So the question is what is wrong with the statement? Well Dr Williams comment has sparked a lot of outrage especially among the tabloids Sun in particular is leading the campaign to remove the Bishop from his Office. Although his predecessor Archbishop Carey said he did not share his view on the Islamic Law but refused to call for his removal as he has his full support seeing the Archbishop is still battling divisions over the ordination of gay priests. For example Jewish courts have been operating for centuries with many especially orthodox Jews turning to these courts known as Beth Din to settle disputes covering matrimonial matters and other civil disputes including the business. As they said what is good for the goose is good for the gander. The Beth takes care of many of the Jewish community affairs including the fixing of Sabbath dates the Kosher Certification the equivalent of Halal catering among the Muslims. Divorce takes place when a husband writes a document called Get written in the Ancient Hebrew called Aramaic and handed over to women by the husbands not the vice versa thus ending the dispute but all criminal matters are left to the British Courts. So like the Jews Muslims are also running the Sharia Council helping to settle matrimonial disputes even though the Council is not fully recognised yet they help bring reconciliation between husbands and wives. There are other Independent Organisations running independently such as the Muslim Council of Britain trying to unify the different Muslim Associations and Organisations, The Halal Authority and many more. In terms of education unlike the Jews who have been running multiple dozens of voluntary aided schools recognised by the Authorities the Muslims have only handful recognised out of more than 150 schools privately run by them. Although the Muslims have freedom and access like every other citizens but yet they are to start enjoying the same kind of freedom others do enjoy such as Beth Din Courts run by the Jews for centuries. The Muslim Council of Britain were among the Organisation that came out vigorously to defend the comments made by the Archbishop which the tabloids and other right wing organisations are trying to take advantage to fan ember of discord among the Muslim and their host the majority tolerant British Society. In Canada United States according to reports sharia laws have been applied locally by the courts to settle dispute concerning inheritance and other disputes such as child custody. As the Prophet said, “It is the duty of a Muslim who has anything to bequeath not to let two nights pass without including it in his Will”. The implication of dying without a will according to experts, are aggravated by the “Laws of intestacy” which distribute the estate in predetermined shares to the surviving partner and children. The net result is a distribution of assets contrary to the Sharia Law would trouble Muslim families for generations therefore what the Archbishop pointed was nothing but the truth if we are to be fairly objective. At least we have few Muslim MPS in the Parliament who would speak on behalf of the more than 2 Million Muslims in Britain this controversy would determine how tolerant the Society would be allowing the Muslims to adopt their own laws only in civil disputes treating them on equal putting like others such as the Jews who have been enjoying the same kind of treatment for centuries .This kind of continued tolerance suggested by the Archbishop although others see it as unacceptable and unadoptable of the multi-cultural British Society making them as best examples of social cohesion is one of the best found anywhere in the Globe. In Nigeria for example the British colonialists introduced the Islamic Law to coexist alongside the English Law and the customary law and they continued as they had been before Independence. Imagine mere suggestion of the adoption of Sharia in Kaduna Nigeria led to riots causing unnecessary mayhem that led to loss of so many lives in the year 2000.The Sharia has been there for over eight years and nothing of serious nature happened after the adoption of the stricter version . In Turkey where 99 percent of the population are undeniably Muslims yet the Muslims students were prevented from adorning Hijab in the Universities for more than two decades despite Turkey’s democratic credentials. The landmark victory of 411 law makers against 103 who were not in favour was aimed at ending the discrimination suffered by section of society for their personal beliefs. Turkey powerful secular establishment that included the Generals and Judges and the university rectors see the scarf as a symbol of radical Islam which in their opinion would threaten the secular system. The Prime Minister Tayyip Erdogan whose wife and daughters adorn the scarf has long been arguing that the ban on the scarf was a violation of human rights and religious freedom. Polls carried have shown that majority of the people are in favour of easing the ban due to be lifted on Monday which was imposed in the 1980s and tightened by the Generals who ousted the Government deemed as too Islamists in 1997.The Sharia has been generating controversies due to poor perception understanding of the Muslim Laws especially among the Non-Muslims who regard it with suspicion and virtual contempt due to misconception and sheer prejudice. Due to this sort of ignorance any person who dares talk in favour of the Sharia must be an enemy of progress and be seen and regarded with utmost contempt. In the end those who hold such different opinions are proved wrong. When former Governor Sani of Zamfara State decided to introduce Sharia he was roundly condemned saying it would not work as mere politician and what he introduced would fizzle out. Since he reintroduced the system in 1999 nearly ten more other States have introduced the same system. There a lot of misconception regarding the interpretation of Sharia which subtly either directly or indirectly dealing with more than 90% of civil cases as pointed out by one commentator. So the debate continues throughout the World Muslim and Non Muslims contributing their own quota making every one giving his or her own point of view. Some objectives some bias making the debate more lively and constructive all with the intention to find and reach a common goal. Britain as one of the open society is not left behind in this sort of debate which saw no less than the Head of the Anglican Church with more than 70 million followers world-wide supporting or rather suggesting the introduction of the Sharia as unavoidable that may help bridge the gap between the Muslims and the rest of the Non-Muslim World. We have to put aside all emotion and work for the benefit of every one in our societies and the need for continued dialogue bringing together all communities would make it easier for social cohesion and political integration as required by the majority of the public. Therefore the call for the adoption of some aspects of Sharia in the UK by the Leader of the Anglican Church as unavoidable is certainly welcomed idea making Britain a very good example of Society willing to tolerate and accommodate one another even though they don’t share common beliefs and have differences. This makes it easier for the majority of the population to understand more of other peoples culture especially the Muslims with a view to respecting them as they have been respecting the Jews and other different ethnic minorities living together as Citizens for ages. If Britain wants develop cohesive communities the role plays by religion in the lives of some i.e Muslims must be taken seriously noted the Archbishop. So the Country would be able to come to terms with it multi faith Society if its legal system learns to adapt. The parallel systems Sharia and secular courts have been running in various Countries like Nigeria Aceh in Indonesia where separatist had been fighting the Government until 2004 when Partial Sharia was introduced as part of a deal to quell the rebellion. In India the personal laws of different sects or Religions including the Muslims continued to be used despite the introduction of the colonial English Law nearly 180 years back and reconstituted in 1973 with the adoption of All India Muslim Personal Law. Egypt has also incorporated Sharia in its constitution making Islam as the official Religion like many other Muslim Nations allowing judges and Qadis to run the legal system. The Sharia courts mainly deal with marriage and divorce although couples are given the choice but many Muslims prefer the Sharia Courts as they provide a quicker and more efficient way to justice than the other alternatives so the Archbishops comments would help in bringing the communities together healing the wounds caused by alienation therefore unavoidable.
Wa Akhiri Daawana Anil Hamdu Lillahi Rabbil Alameen.
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