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February 14, 2008
In the foundation lecture at the Royal Courts of Justice Dr. Rowan Williams, the Archbishop of Canterbury, argued for the possible use of sharia law to resolve some civil matters as a way of engaging with the world of Islamic law on something other than an all or nothing basis. It is an interesting and complex lecture.
Martin Rowson
The general reaction in the UK has been intermperate and hostile, despite Williams' main argument being about ensuring the tolerance of the civil law towards religious concerns. It looks as if there has been a media overreaction drive by sensationalism, given the renewed strength of religion in politics.
However, religion playing a prominent role in public discourse and in politics does not necessarily undermine the principle of the unity of the law. Moreover, much of the UK law's attitudes towards sex, gender, drugs etc are rooted in the Christian moral code.
What Williams is saying is quite reasonable: that sharia law might be negotiated into a niche in the gothic facade of the English legal system. He says the general issue is one:
about what degree of accommodation the law of the land can and should give to minority communities with their own strongly entrenched legal and moral codes. As such, this is not only an issue about Islam but about other faith groups, including Orthodox Judaism; and indeed it spills over into some of the questions which have surfaced sharply in the last twelve months about the right of religious believers in general to opt out of certain legal provisions – as in the problems around Roman Catholic adoption agencies which emerged in relation to the Sexual Orientation Regulations last spring.
He adds that there is a recognition that our social identities are not constituted by one exclusive set of relations or mode of belonging – even if one of those sets is regarded as relating to the most fundamental and non-negotiable level of reality, as established by a 'covenant' between the divine and the human (as in Jewish and Christian thinking; once again, we are not talking about an exclusively Muslim problem).
The archbishop considers that it was part of his job to stand up for the place of, and space for, religious faith within the framework of the laws of an increasingly secular society. Islam cannot be arbitrarily excluded from that discussion and so it is necessary to debate how some of its moral traditions can be accommodated.
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A Leader in the Observer says:
On the other hand:
It says that the passions unleashed by Dr Williams's intervention prove that the debate is necessary. It is telling that politicians of all stripes hurried to oppose the archbishop, not by rebutting his view, but on the grounds that its mere expression in public was divisive.
What happened is that the majority British secular culture turned with near unanimous scorn on a minority, with some opponents of the archbishop using crude stereotypes of Islam.