[lit-ideas] Re: Sharia Law and Britain's decline

  • From: Ursula Stange <Ursula@xxxxxxxxxx>
  • To: lit-ideas@xxxxxxxxxxxxx
  • Date: Thu, 08 Sep 2011 15:32:02 -0400

The Ontario situation is very similar, Judy (and anyone else who is interested).

http://www.cbc.ca/news/background/islam/shariah-law.html



On 11-09-08 3:09 PM, Judith Evans wrote:
In my view, Lawrence, your blog posts do not count as a reply to any of my 
points.

Let me reply to *your* points, in your email, now.

“The
sharia courts operating in Britain, will hear and pass legally binding
judgment on cases involving divorce, financial disputes, and even
domestic violence
<<<<<<<<<

Let me quote from the very Daily Mail article you quote:

*******************
In Britain, sharia courts are permitted to rule only in civil cases,
such as divorce and financial disputes.
*******************


And let me explain the divorce point.

Sharia courts can deal only with divorce in an Islamic marriage, can only end 
-- or not -- a Muslim marriage.  (They make this clear.)  Muslim/Islamic 
marriages contracted in the US are not recognised by UK law, a civil marriage 
must be contracted if a couple wish to be regarded as legally married. If a 
couple married by civil and Muslim ceremony seek a divorce, the Sharia court 
can only grant (or not) a Muslim divorce. So, a couple would have to seek a 
civil divorce also.

(The Beth Din is in a similar position.)

Nonetheless, full prior agreement by both parties is required.

"Legally binding" here is, then, an interesting concept.

How, Lawrence, do parties to a Muslim marriage in the US get a divorce from the 
Muslim marriage?

Financial disputes can indeed be decided by the sharia courts/tribunals. This seems so uncontentious to me as to be hardly worth discussing.
You say (Daily Mail again)

**************
  “In one recent inheritance dispute in Nuneaton, a Muslim man's estate was spit was 
between three daughters and two sons with each son receiving twice as much as each daughter 
– in keeping with sharia law.
**************

I can't find this case. What did the will say?

    and even
domestic violenc
<<<<<<<<<

this is of course dodgy in the extreme. The sharia courts/tribunals have no, repeat, no, jurisdiction in criminal matters. They also can only hear cases and issue rulings with the consent of both parties.
So, what's going on here?  It seems that the tribunals are, in conjunction with 
the police, acting as mediators/arbitrators. Without a specific case or cases I 
can't really say any more except that the police may be at fault here, one 
point apart. Any ruling they make on this cannot be legally binding.

Judy Evans, Cardiff, UK




--- On Thu, 8/9/11, Lawrence Helm<lawrencehelm@xxxxxxxxxxxxxx>  wrote:

From: Lawrence Helm<lawrencehelm@xxxxxxxxxxxxxx>
Subject: [lit-ideas] Re: Sharia Law and Britain's decline
To: lit-ideas@xxxxxxxxxxxxx
Date: Thursday, 8 September, 2011, 18:54

Judy,  I hadn’t intended to specifically reply.  I thought my notes were covering the issues adequately.  The one “point” I see in your note had to 
do with my comment “not from what I read elsewhere” or something like that.  I haven’t time to research everything I’ve read, but such an 
“elsewhere” was in the note of mine you referenced (by reference) when you ex cathedra declared me non responsive:  “The sharia courts operating in 
Britain, will hear and pass legally binding judgment on cases involving divorce, financial disputes, and even domestic violence. But, it will not end there. According to 
the Daily Mail, sharia court officials have said, that they hope, “[…] to take over growing numbers of 'smaller' criminal cases in future,” and 
extremist clerics have already asserted their aims to establish sharia law for everyone in Britain. Only yesterday, the Sun newspaper showed a video of radical clerics 
announcing plans to
  take over Britain:  “It may be by pure conversion that Britain will become an 
Islamic state. We may never
  need to conquer it from the outside.  “This, among other similar pronouncements, was made at a 
rally billed as a debate on whether the West had ‘learned the lessons’ of the September 11 
terrorist attacks. Apparently, we have not. “Sharia law regards women as inferior to men, and 
non-Muslims as inferior to Muslims, and it demands the execution of homosexuals. Sharia courts in Britain 
have already tried cases in domestic violence, and have issued no punishments beyond requiring the abuser 
get mentoring from Muslim
  elders and to attend anger management classes. In my opinion, this is an entirely unacceptable 
judgment for those who inflict violence on women. According to the Daily Mail, again:  “In 
one recent inheritance dispute in Nuneaton, a Muslim man's estate was spit was between three 
daughters and two sons with each son receiving twice as much as each daughter – in keeping 
with sharia law.   “The establishment of sharia law in Britain, even on a minor scale, not 
only undermines British law and culture of equality
  ‘under the law,’ with cases judged by a jury of one’s peers, but is implicitly 
menacing to people of all non-Muslim religions, atheists, conservatives, women, homosexuals, and people of 
all racial and ethnic backgrounds.” [http://www.brusselsjournal.com/node/3522]    Lawrence    From:
  lit-ideas-bounce@xxxxxxxxxxxxx [mailto:lit-ideas-bounce@xxxxxxxxxxxxx] On 
Behalf Of Judith Evans
Sent: Thursday, September 08, 2011 10:14 AM
To: lit-ideas@xxxxxxxxxxxxx
Subject: [lit-ideas] Re: Sharia Law and Britain's decline  I made points, 
Lawrence.  I invited a reply.  Your post is not responsive.


--- On Thu, 8/9/11, Lawrence Helm<lawrencehelm@xxxxxxxxxxxxxx>  wrote:
From: Lawrence Helm<lawrencehelm@xxxxxxxxxxxxxx>
Subject: [lit-ideas] Sharia Law and Britain's decline
To: "Lit-Ideas "<Lit-Ideas@xxxxxxxxxxxxx>
Date: Thursday, 8 September, 2011, 17:02http://www.lawrencehelm.com/2011/09/sharia-law-britain-decline.html Lawrence
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