Friday, February 08, 2008

Archbishop calls for Sharia Law

Ah you've got to love the tabloids (and worryingly the broadsheets) they're so good at making a mountain out of a molehill. If you stick to reading their side of things you're most likely to come away with the impression that the Archbishop has either called for British law to be replaced or for there to be two legal systems set up with one specifically for Muslims. If, on the other hand, you actually read what he said rather then quoted snippets or 'summaries' you'd come away with a whole other story. Go ahead it's not really that long an interview for all the fuss that's been made of it.

[Update - Oops it appears I've linked to an interview about the lecture and not the lecture itself which runs for around 5,500 words and after reading it suddenly becomes apparent why no-body else has

[...]the reluctance of a dominant rights-based philosophy to acknowledge the liberty of conscientious opting-out from collaboration in procedures or practices that are in tension with the demands of particular religious groups[...]
Huh? I'd stick with the first link if I were you]

Okay first of all the difference between criminal and civil matters need to be pointed out, criminal matters are always judged under English law. Civil matters however are a whole other ball game because under English law people may devise their own way to settle a dispute before an agreed third party.

Everyone got that? Everyone noted the "agreed third party" bit. If only one party wants to have their case heard by a religious court and the other party doesn't then that doesn't happen.

For all those saying that we'll end up with people's hands chopped off etc. the legislation that governs the third-party rule does not insist that settlements are based on English law, only that they are reasonable and both parties agree to the process. So these courts can't force an action that would be against English law.

So if this is the case why do we need religious courts at all, actually why do we need religion at all? Well let's take a simple case of divorce, a [religious] women married to a [religious] man in a [religious] ceremony gets divorced under English law. Under [religious] law they're still married so neither can marry in a [religious] ceremony. The reverse is also true getting a divorce under [religious] law is not recognised under English law and it is exactly this type of situation the Archbishop was discussing as bringing into English law.

So how many more days of this and how many politicians beating their chests at this nonsense do we have to endure?

2 comments:

septicisle said...

Indeed, the speech itself was unreadable. You can't really blame the journos for not even trying - I could hardly even get through it just by scanning it. He also should have known that as soon as he mentioned Sharia the tabloids would be on him like a hack on a line of coke.

FlipC said...

As a friend said to me "The Archbishop is an intelligent and articulate man and that can be his undoing whenever he opens his mouth to speak in public"