Sunday, February 10, 2008

I'm a religious person, can someone else arrest me please?

Some guy in the UK, the Arch Bishop of Canterbury in fact, made a controversial statement last week about incorporating Sharia law into British law. I don't think I understand the controversy exactly, but from the little I know of exact Sharia principles, I don't see how any of those principles could be contradictory to British law. That is of course if we're taking a non-literal interpretation and recognizing that the law must serve the times that it is in. Since I am so ignorant of law type issues period, I'll avoid talking about the specifics and jump into the general implications.

Secular law and religious law, could the two exist side by side? Why not? Is it any different from the way religious institutions operate now? Religious marriage ceremonies are recognized by the state, in many western countries, so what about other ceremonies and customs etc?

I'm opening up the discussion to all my law-minded friends.

2 comments:

Daniel Plainview said...

Just a few issues for you:

a) polygamy (Sharia allows it, we don't)

b) divorce (Women do not have equal rights to sue for divorce)

c) physical violence (under Sharia, men are allowed to beat their wives in certain circumstances)

d) physical punishments (cutting off of hands, beating, flogging, all against the Geneva Conventions)

e) capital punishment for apostasy, homosexuality, adultery etc etc(clearly against the Geneva Conventions)

f) freedom of speech and association (under Sharia insulting the prophet or islam is illegal, as is public preaching of other religions, as is worship in pagan religions etc.)

g) The system of criminal law has unusual burdens of proofs, and a woman's witness is worth half - it also doesn't recognise rape as a crime within marriage.

There are plenty of others.

Philip said...

I have to agree with the gentleman above. There are a a great many differences and where the two bodies of law coincide, well....they're already in agreement.

Furthermore, if one religion is allowed to enforce its own laws in what is a deeply secular country then all the other religions will want in on the act too, which is deeply untenable.

As we know, despite believing more or less the same things, they can't agree on almost anything, such is the irrational nature from whence they spring.