[lit-ideas] Re: Sharia Law in England

  • From: Judith Evans <judithevans001@xxxxxxxxxxxxxx>
  • To: lit-ideas@xxxxxxxxxxxxx
  • Date: Thu, 14 Oct 2010 08:48:34 +0100 (BST)

Veronica, 

>>>>>>>>>>>>>>
  But, my near experience 
has been with a Muslim woman friend who married a Muslim >man but only in the 
mosque.  No state certificate as required by secular law.  When she 
wanted to divorce him, he was needed to give consent to the imam.  He 
didn't give it.
<<<<<<<<<<<<<<<<<

They weren't then, in the eyes of the state, married?  (Here too they'd need 
some form of state certification but if a religious building is licensed, that 
suffices.) It's a problem here too in that the spouses then lack the various 
protections of official marriage.

There is though nothing the state can do in such a situation any more than it 
can help a Roman Catholic who can't remarry because they can't get an 
annulment, or a Jewish spouse who  can't get a religious divorce, or a divorced 
Anglican who can't marry in church. (Charles and Camilla had a registry office 
wedding.) The actual legal status of the original marriage isn't relevant to 
that. 

I don't see how the state can intervene.

>>>>>>>>>>>>>>
I watched the debates on Sharia on Canadian TV.  The people most 
vehemently in opposition to the Canadian government allowing it were Muslim 
women
<<<<<<<<<<<<

the Ontario thing?  Ontario has arbitration laws like the UK's, allowing 
alternative resolution of civil disputes. 

>>>>>>>>>>>>>>>
Under Canadian law, couples are free to make their own arrangements both for 
cohabitation and for separation.  In the latter case, where consensus and 
mediation prove impossible they may resort to private third-party adjudication, 
choose their own arbitrators, and apply any religious and cultural principles 
they wish so long as these do not harm others or conflict with the laws of 
Canada.  Or they may decide to take the matter to court and let a judge decide. 
 Which course they adopt is their choice, and no one else's.
<<<<<<<<<<<<<<<<<

http://mrzine.monthlyreview.org/2006/fidler270506.html



Judy Evans, Cardiff









--- On Wed, 13/10/10, Veronica Caley <molleo1@xxxxxxxxxxx> wrote:

From: Veronica Caley <molleo1@xxxxxxxxxxx>
Subject: [lit-ideas] Re: Sharia Law in England
To: lit-ideas@xxxxxxxxxxxxx
Date: Wednesday, 13 October, 2010, 22:22



 
 

My knowledge of Jews having their own courts and laws came from a TV crime 
show.  The story revolved around a woman who got divorced and needed the 
husband's consent to remarry.  His price for permission was that she give 
up all rights to their children.  I had previously read about the real 
case.
 
I know quite a bit more about Sharia.  But, my near experience 
has been with a Muslim woman friend who married a Muslim man but only in the 
mosque.  No state certificate as required by secular law.  When she 
wanted to divorce him, he was needed to give consent to the imam.  He 
didn't give it.  Until a while later.  When I asked her how much she 
had to pay, she said nothing, but I don't believe it.  Her family has been 
here for about 90 years.  She and siblings were all born here.  
Assimilated apparently only on an economic and linguistics level.
 
I watched the debates on Sharia on Canadian TV.  The people most 
vehemently in opposition to the Canadian government allowing it were Muslim 
women.  All of them spoke fluent English and many were probably born in 
Canada.  Regarding the settlement of inheritance where the sons get twice 
as much as the daughters, if it's OK with the daughters it's OK with me.  
But I wonder how many Muslim women involved in Sharia settlement issues know 
that this is not the way in the secular countries where they live. Although 
with 
estate issues, one can leave
everything to one child regardless of gender.
 
Re the Jewish law, according to a recent NYTimes article the Orthodox Jews 
in Israel are fighting with others elsewhere about who is and is not a 
Jew.  Nice.  It makes me long for the atheistic rabbi that I miss so 
much.
 
Re judge Judy, that never even occurred to me.  Re arbitration in a 
secular court, I am all for it.
 
When I come across these types of issues I always remember the chapter in 
the Brothers Karamazov where the religious authority explains what 
human beings are about. Miracle, mystery and authority.  And as 
numerous
persons on this list have pointed out, people stay in these systems by 
their own free will.  If there is such a thing,
which I am increasingly getting to doubt.  By the way, in Ann Arbor MI 
we have a bank catering to Muslim ethics.
 
Veronica
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Message ----- 

  From: 
  carol 
  kirschenbaum 
  To: lit-ideas@xxxxxxxxxxxxx 
  Sent: Wednesday, October 13, 2010 3:39 
  AM
  Subject: [lit-ideas] Re: Sharia Law in 
  England
  

  Veronica,
   
  Your surprise surprised me. I never thought about Islamic law that much. 
  But I sort of assumed that there's an Islamic equivalent of Jewish 
  law (a Bet Din, or Halachic law) in both the US and UK--and France, 
  too. I grew up in a tradition where one observes rulings by both civil 
  and Jewish courts. Official wedding ceremonies, in my extended 
  French and American family, consisted of all-day schelps 
  from City Hall to the synagogue. What's new, I gather, is the edge of 
  hysteria now associated in these parts with anything Muslim. Sharia 
  law...yikes! They'll make us wear veils! (Frankly, at my age I'd welcome 
  one.)
   
  Carol K.,
  PDX
   
  

 
  On Tue, Oct 12, 2010 at 6:24 PM, Veronica Caley <molleo1@xxxxxxxxxxx> 
wrote:

  
    
    Did anyone on this list know that Sharia Law is in Britain?  I 
    just read it in Sunday "Times"  Sept. 14th, 2008.
    Tried to copy the link but couldn't.  You can find several 
    articles by Googling: England/Sharia Law.  I wonder how many people 
    using this legal system can even read or write English.
     
    I was surprised because Canadians tried it but their Supreme Court 
    ruled against it.
     
    Veronica Caley
     
    Milford, MI




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