Commentary Magazine


Topic: Sharia

Britain’s Worsening Sharia Creep

Britain has seen yet another landmark step that deepens and expands the growing influence of Islamic religious law over the people who live in that country. The UK’s highly prestigious Law Society has issued guidelines for attorneys on how to draw up Sharia-compliant legal documents, shockingly setting a precedent for sanctioning the implementation of legal discrimination against both women and non-Muslims. Up until now those concerned with trying to resist the growing inertia of Sharia law in British society have been mostly focused on the matter of the expanding network of unauthorized Sharia courts that exist throughout Britain. Now, for the first time, Sharia practices will in effect be recognized at the level of the British court system.

Law Society President Nicholas Fluck spoke as if completely blind to the devastating damage that these guidelines will do to civil liberties in Britain. Fluck said that this new guidance would promote “good practice” in applying Islamic principles to the British legal system. The guidelines specifically advise on how to draft wills that comply with Islamic dictates while still appearing valid under British law. Indeed, these guidelines even suggest how Sharia principles could be used to overrule British practices in certain disputes, providing examples of areas that could be tested in English courts. It is astonishing to see how the Law Society blandly outlines how female heirs are to receive half what is to be allotted to male heirs while also acknowledging both the likelihood of multiple wives and ways in which widows can be penalized.

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Britain has seen yet another landmark step that deepens and expands the growing influence of Islamic religious law over the people who live in that country. The UK’s highly prestigious Law Society has issued guidelines for attorneys on how to draw up Sharia-compliant legal documents, shockingly setting a precedent for sanctioning the implementation of legal discrimination against both women and non-Muslims. Up until now those concerned with trying to resist the growing inertia of Sharia law in British society have been mostly focused on the matter of the expanding network of unauthorized Sharia courts that exist throughout Britain. Now, for the first time, Sharia practices will in effect be recognized at the level of the British court system.

Law Society President Nicholas Fluck spoke as if completely blind to the devastating damage that these guidelines will do to civil liberties in Britain. Fluck said that this new guidance would promote “good practice” in applying Islamic principles to the British legal system. The guidelines specifically advise on how to draft wills that comply with Islamic dictates while still appearing valid under British law. Indeed, these guidelines even suggest how Sharia principles could be used to overrule British practices in certain disputes, providing examples of areas that could be tested in English courts. It is astonishing to see how the Law Society blandly outlines how female heirs are to receive half what is to be allotted to male heirs while also acknowledging both the likelihood of multiple wives and ways in which widows can be penalized.

The Law Society’s guidance recommends to attorneys how they might delete or amend accepted legal terms to ensure that Islamic practices on inheritance are followed. For instance, the guidelines suggest removing the word “children” so as to prevent anyone considered illegitimate by Islamic law from having a claim to inheritance. In this way non-Muslims and non-Islamic marriages are disqualified from being considered valid for the purposes of inheritance and the children from any such unions are also classified as illegitimate.

What is most troubling about these guidelines is the way in which they are clearly intended for use by non-Muslim attorneys bringing cases to British courts, meaning that Britain’s legal system will effectively be able to function in such a way as to discriminate against those born out of Muslim wedlock, anyone who has been adopted, non-Muslims, and women generally. It is simply bizarre that at precisely the same time that British society and politicians have been pursuing programs for attempting to guarantee greater rights for women and minorities, now we also see parallel moves to implement other kinds of discrimination.

The principle of equality before the law is a foundational value of Western civilization, never mind liberal democracy. While clearly everyone has the right to draw up their will however they choose, it is simply unacceptable for legal guidelines to be issued that openly advise on how to systemically implement this type of discrimination. It is unthinkable that, after all the progress that has been made in the name of greater freedom and civil rights, we would witness in a country like Britain the imposition of religiously based legal practices for discriminating against people on such grounds as gender. Once again, in the name of attempting to accommodate and show tolerance toward its Muslim minority, Britain appears to be prepared to sacrifice some of the most fundamental rights that the majority of its citizenry has long believed in.

Some years ago, a Muslim friend of mine who lives in England confided in me that his greatest concern was not the threat of Islamist terror, but rather the onset of Islamic practices permeating civil life. It seems his worst fears are continuing to be borne out.

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Embrace the Anti-Islamist Backlash

Against the backdrop of Washington’s collective Attention Deficit Disorder, the coup in Egypt is ancient history and the Gezi Park demonstrations in Turkey are forgotten. Neither should be, as they are indicative of a trend that the United States should both recognize and upon which it should act.

The coup in Egypt was against political Islam. The Muslim Brotherhood had promised Egyptians accountability and economic development, but ousted President Mohamed Morsi gave the ol’ bait-and-switch and focused on imposing the Brotherhood’s intolerant and religiously conservative social agenda. To convince Egyptians, disgusted with decades of the military’s corrupt and authoritarian rule, to reconsider the military as the lesser of evils took special skill. Read More

Against the backdrop of Washington’s collective Attention Deficit Disorder, the coup in Egypt is ancient history and the Gezi Park demonstrations in Turkey are forgotten. Neither should be, as they are indicative of a trend that the United States should both recognize and upon which it should act.

The coup in Egypt was against political Islam. The Muslim Brotherhood had promised Egyptians accountability and economic development, but ousted President Mohamed Morsi gave the ol’ bait-and-switch and focused on imposing the Brotherhood’s intolerant and religiously conservative social agenda. To convince Egyptians, disgusted with decades of the military’s corrupt and authoritarian rule, to reconsider the military as the lesser of evils took special skill.

This summer’s protests in Turkey were also the result of a long-simmering liberal backlash against the ruling party’s autocracy and Islamism.

Now, there are signs that Islamists have jumped the shark in Jordan as well. David Schenker—the best analyst of Jordan (and Syria) in Washington—points me to this story, from the Arabic press in Jordan: An Islamist deputy proposed a bill that would mandate that Jordan’s laws be harmonized with Sharia, Islamic law. Bad news for the Islamists, though: They could muster only 27 votes out of 150. Jordan is by no means a democracy and its elections are far from free and fair, but it does allow Islamists to run and, at times, the Muslim Brotherhood has been effectively the largest parliamentary bloc.

In Tunisia, secularists are also rallying as Islamists increasingly turn to assassination and show their true, anti-democratic colors. In the United Arab Emirates as well, the Islamist al-Islah party is on the defensive, its own coup plot disrupted.

Iranians repeatedly have shown their disgust with the theocrats who have eviscerated their sovereignty in the name of religion.

For too long, the United States has reacted to events without a clear strategy. While George W. Bush articulated a strategy in the wake of 9/11, his national-security staff lacked the will and ability to transform vision into reality and enforce policy discipline on the interagency process.

Democratization is an important—and laudable—goal, but it cannot come instantly, only when the right circumstances are set. This should not be an excuse to embrace the status quo (as too many in the State Department do), but to push the region in a direction where true liberalism is possible. To do so requires defeating the ideology of political Islam, an ideology no less noxious than the various autocratic ideologies which blighted the 20th century. In the current issue of National Review, I argue that the United States should embrace a ‘roll-back’ strategy against the Muslim Brotherhood and, more broadly, political Islamism.

The signs are many that ordinary Arabs, Turks, and Iranians have started to recognize that religion is no panacea for worldly ills. How unfortunate it is that U.S. policymakers are not seizing this opportunity—and even appear willing to seize defeat from the jaws of victory in Iran, Turkey, and across the region.

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