Legal Pluralism

In case your attention had wandered, a reminder; this is what we are fighting against.

The Independent reports:

The gunmen came at night to drag Mohammed Halim away from his home, in front of his crying children and his wife begging for mercy.

The 46-year-old schoolteacher tried to reassure his family that he would return safely. But his life was over, he was part-disembowelled and then torn apart with his arms and legs tied to motorbikes, the remains put on display as a warning to others against defying Taliban orders to stop educating girls.

Mr Halim was one of four teachers killed in rapid succession by the Islamists at Ghazni, a strategic point on the routes from Kabul to the south and east which has become the scene of fierce clashes between the Taliban and US and Afghan forces.

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Fatima Mushtaq, the director of education at Ghazni, has had repeated death threats, the notorious "night letters". Her gender, as well as her refusal to send girls home from school, has made her a particular source of hatred for Islamist zealots.

Read the whole horrifying thing here. We long ignored these kinds of things, thinking it could never affect us, and even tried to deal with such animals. But since 9/11 that is no longer an option. The evil of Islamism must be confronted, and it must be defeated.

Now, look at what is happening in Britain.

The Telegraph reports:

Islamic sharia law is gaining an increasing foothold in parts of Britain, a report claims.

Sharia, derived from several sources including the Koran, is applied to varying degrees in predominantly Muslim countries but it has no binding status in Britain.

However, the BBC Radio 4 programme Law in Action produced evidence yesterday that it was being used by some Muslims as an alternative to English criminal law. Aydarus Yusuf, 29, a youth worker from Somalia, recalled a stabbing case that was decided by an unofficial Somali "court" sitting in Woolwich, south-east London.

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Some lawyers welcomed the advance of what has become known as "legal pluralism".

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In his book Islam in Britain, Patrick Sookhdeo, director of the Institute for the Study of Islam and Christianity, says there is an "alternative parallel unofficial legal system" that operates in the Muslim community on a voluntary basis.

"Sharia courts now operate in most larger cities, with different sectarian and ethnic groups operating their own courts that cater to their specific needs according to their traditions," he says. These are based on sharia councils, set up in Britain to help Muslims solve family and personal problems.

Sharia councils may grant divorces under religious law to a woman whose husband refuses to complete a civil divorce by declaring his marriage over. There is evidence that these councils are evolving into courts of arbitration.

Faizul Aqtab Siddiqi, a barrister and principal of Hijaz College Islamic University, near Nuneaton, Warwicks, said this type of court had advantages for Muslims. "It operates on a low budget, it operates on very small timescales and the process and the laws of evidence are far more lenient and it's less awesome an environment than the English courts," he said.

Mr Siddiqi predicted that there would be a formal network of Muslim courts within a decade.

Read it here.

What are the implications for women?

According to the Sharia, despite declarations of the equality of the sexes before God, women are considered inferior to men, and have fewer rights and responsibilities. A woman counts as half a man in giving evidence in a court of law, or in matters of inheritance. Her position is less advantageous than a man’s with regard to marriage and divorce. A husband has the moral and religious right and duty to beat his wives for disobedience or for perceived misconduct. A woman does not have the right to choose her husband, or her place of residence, to travel freely or have freedom in her choice of clothing. Women have little or no autonomy and are deemed to need the protection of their fathers, husbands or other male relatives throughout their lives. Any conduct that undermines the idea of male supremacy will fall foul of the Sharia.

Read about it here.

And there's this from Canada:

Sharia law in Canada? Yes. The province of Ontario has authorized the use of sharia law in civil arbitrations, if both parties consent. The arbitrations will deal with such matters as property, marriage, divorce, custody and inheritance. The arbitrators can be imams, Muslim elders or lawyers. In theory, their decisions aren't supposed to conflict with Canadian civil law. But because there is no third-party oversight, and no duty to report decisions, no outsider will ever know if they do. These decisions can be appealed to the regular courts. But for Muslim women, the pressures to abide by the precepts of sharia are overwhelming. To reject sharia is, quite simply, to be a bad Muslim.

Read it here.