14 October 2010

Sharia in the West - Whose law counts most?

.... Where sharia poses genuine dilemmas for secular countries with big Muslim minorities is not in the realm of retribution but in its application to family matters such as divorce, inheritance and custody. English-speaking countries boast a strong tradition of settling disputes (commercial or personal) by legally binding arbitration.

This already includes non-secular institutions such as longstanding rabbinical tribunals in Britain and many other countries, or Christian mediation services in North America. Now Islam-based outfits are entering the market.

Perhaps inevitably, the procedures and general ethos of Muslim mediation are very different from those of a secular court. Many of Britain’s 2m or so Muslims come from socially conservative parts of South Asia, such as rural Kashmir. The practice of sharia-based family law both reflects and to an extent mitigates that conservatism. A network of sharia councils—whose two main founders come from purist schools of Islam, the Deobandis and the Salafis—has offered rulings to thousands of troubled families since the 1980s. [Economist] Read more