Opinion | Editorials

Ignorance of the law is no defence

Archbishop has caused rift in UK in calling for Sharia to be absorbed into civil law

  • Gulf News
  • Published: 00:45 February 10, 2008
  • Gulf News

There is a furore surrounding comments made by the Archbishop of Canterbury during a radio interview. It demonstrates more than anything else that either people did not hear the broadcast, have not read a transcript of the interview, do not understand Sharia law or are unaware of the present situation in British religious society.

At the outset, let it be known the archbishop, Dr Rowan Williams, did not call for the introduction of Sharia law into either Britain's or England's civil or criminal law. For the excitable few who think he did, what was actually said was "as a matter of fact certain provisions of Sharia are already recognised in our society and under our law".

When he was asked: "The application of Sharia in certain circumstances - if we want to achieve this cohesion and take seriously peoples' religion - seems unavoidable?" he indicated his assent.

Perhaps most surprisingly, his comments were quickly condemned by Downing Street, together with the Tories and the chairman of the Government's Equalities and Human Rights Commission. It was also described as a "recipe for chaos" by Culture Secretary Andy Burnham.

Yet there are certain places which already practice Sharia law, and have been doing so for some time. For example, an Islamic Council in Leyton has revealed it has dealt with more than 7,000 divorces, there are also courts in areas with high Muslim populations, including Dewsbury in West Yorkshire, Birmingham and Rotherham, South Yorkshire.

Most are understood to concentrate on divorce cases - although such judgments are not recognised in British law - as well as financial disputes.

What Dr Williams is calling for is not English civil and criminal law becoming Sharia law, but the acceptance of certain Sharia practices being acknowledged and accepted by the English and Wales and Scottish Courts of law, as already exist with Jewish communities, which have long-established religious community courts.

Gulf News

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