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Rowan Williams and sharia law

The furious media and public reaction to an address on religious law by the head of England's established church is an index of Britain's deep social crisis, says Tina Beattie.

On 7 February 2008, Rowan Williams - the Archbishop of Canterbury, spiritual head of the Anglican church - delivered the foundation lecture at the Royal Courts of Justice in London. His address, entitled "Civil and Religious Law in England: a Religious Perspective" inaugurated a series of talks on Islam and English law.

Tina Beattie is reader in Christian studies,Roehampton University, England. Among her books are God's Mother, Eve's Advocate (Allen & Unwin, 2002) and New Catholic Feminism: Theology and Theory (Routledge 2005). Her website is here

Tina Beattie's latest book is The New Atheists (Darton, Longman & Todd, 2007)

Also by Tina Beattie in openDemocracy:

"Pope Benedict XVI and Islam: beyond words" (17September 2006)

"Veiling the issues: a distractive debate" (24October 2006)

"Religion in Britain in the Blair era" (10January 2007)

"Religion's cutting edge: lessons from Africa"(14 February 2007)

"The end of postmodernism: the ‘new atheists' and democracy" (20 December 2007)
The full text of the lecture - available on Rowan Williams's website - conveys the sense of a serious scholar revelling in a rare opportunity (even for the Archbishop of Canterbury) to explore ideas of some intellectual complexity in a public forum. Even for those accustomed to reading academic papers, it is a densely argued, perhaps unnecessarily convoluted exercise in postmodern jurisprudence, cross-referenced with numerous other academic sources, which would require several close readings to appreciate its careful and nuanced reflections. It is not a series of prescriptions or propositions, but an invitation to the legal establishment to consider the challenges posed to the abstract universalities of a post-Enlightenment concept of law by the traditional values and identities associated with religious communities.

Those familiar with the work of philosopher Alasdair MacIntyre will recognise that Williams is trying to open up a conversation between the arguments and insights of certain strands of postmodern philosophy and theory, and the legal professionals who have responsibility for administering the law in ways which have a significant impact upon the lives of ordinary men and women whose sense of identity and personal values may derive from several different sources,including religious traditions.

Nowhere in the lecture does Williams call for the implementation of sharia law - thoughthis has become the default assumption underlying the febrile controversy the talk and its accompanying media coverage almost instantly generated. Rather, heasks how it might be possible for the civil law to accommodate some of the legal procedures by which Muslim communities in Britain have traditionally regulatedtheir relationships and financial affairs, while safeguarding the equality and human rights afforded by modern law for vulnerable individuals (particularly women) within those communities. He reiterates several times that it would be important to ensure that "no ‘supplementary' jurisdiction could have the power to deny access to the rights granted to other citizens or to punish its members for claiming those rights." He also points out that there is already provision in English law for Jewish and Christian communities to have some autonomy over the governance of their religious affairs, without thereby putting themselves outside the law.

It is hard to believe that this scholarly, even esoteric, lecture could ignite the intensely hostile reaction it has - not only in the tabloid press (a familiar accompanying cacophony on every issue it seeks to exploit for commercial purposes) but at all levels of the media; and among many within the Anglican church itself, some of whom have called for the archbishop's resignation.

True, the immediate provocation came less from the lecture itself and more from an interview which Williams gave to BBC radio a few hours before it was delivered; but even here he set out his position with considerable sensitivity and care. He did not, as many claim, say that the application of sharia law was unavoidable, although he did cautiously agree with this suggestion when it was put to him by the interviewer. But the implacable torrent of comment on what Williams is believed to have said, much of it misleading or tendentious, obliged him to clarify his position - in a statement on his website on 8 February, and in his opening address to the general synod of the Church of England on 11 February. His presence and speech at the Anglican "parliament" were greeted by a standing ovation. This reception, and the broader public arena's second thoughts, may lead some to conclude that - after all - this was just another media storm in a teacup.

Also in openDemocracy:

OurKingdom
, the conversation on the future of the United Kingdom, features postsand debate about the sharia controversy here and here
Adrowned debate

I think that would be a mistake, for the furious response to the archbishop's comments reveals a great deal about the hostility and ignorance with regard to Islam which forms a potent undercurrent in Britain's ostensibly multi-cultural society. It is also a reminder - if such reminders are needed - that this is a woefully anti-intellectual society, fed on a daily diet of the tabloid press and reality television, and apparently incapable of engaging in intelligent public debate about significant issues. Serious journalists who ought to know better have derided Williams for being too scholarly; the widespread belief seems to be that he has only himself to blame if people failed to grasp the subtleties of his argument. The logic of this message is that public figures must "dumbdown" or be damned.

The days since the 7 February lecture have exposed more than the astonishingly personalised hostility which has become the routine fate of all those who find themselves the target of the media's (and, it must be said, a section of the public's) ire - in the latter case, a phenomenon fed both by the "old media" itself and by the "new media's" specialist tools of instantaneity and anonymity. They have also revealed again just how chauvinistic the media in Britain can be, in this case by preying on public perceptions of Islam as a misogynistic and barbaric religion which has nothing to offer to and everything to learn from modern western secularism. The combination of ignorance and prejudice here recalls the comment of Akbar S Ahmed, a former Pakistani diplomat and scholar of Islam: "Nothing in history has threatened Muslims like the western media."

Also in openDemocracyon Europe's struggles with and over faith:

Patrick Weil, "A nation in diversity: France, Muslims and the headscarf"(25 March 2004)

Gilles Kepel, "Europe's answer to Londonistan" (24 August2005)

Tariq Modood, "Remaking multiculturalism after 7/7" (29September 2005)

openDemocracy
,"Muslims and Europe: a cartoon confrontation"(6 February 2006) - a symposium

Roger Scruton, "The great hole of history" (11 September 2006)

Michael Walsh, "The Regensburg address: reason amid certainty"(20 September 2006)

Faisal Devji, "Between Pope and Prophet" (26 September 2006)

Ehsan Masood, "British Muslims: ends and beginnings" (31 October 2006)

Faisal Devji, "Epistles of moderation" (18 October 2007)

Olivier Roy, "Secularism confronts Islam" (25 October 2007)

Paula Sutter Fichtner, "The Other's new face: Austria, the Habsburg empire and Islam" (11 February 2008)
In its conservative versions, Islam does pose a challenge to modern western values, particularly with regard to its treatment of women and its resistance to the idea of religious freedom. Yet the archbishop makes very clear that he rejects any change in the law which would deprive individuals of the rights they are entitled to as modern British citizens; and nowhere does he offer encouragement or affirmation to what herefers to as "Islamic primitivists".

There are many within the Muslim community who would be highly resistant to attempts by a conservative religious minority - far less an even smaller minority of radical Islamist extremists - to impose their narrow definition of Islam on the majority. The reaction to Rowan Williams's address among Muslims has made clear the broad consensus among liberal Muslims that they value the freedoms and rights afforded by modern secular democracies as much as does any other community or group.

At the same time, I believe that Muslims in western societies still bear a considerable responsibility in showing that they do in fact respect the freedoms and equalities which underpin these societies,particularly with regard to the treatment of women. There are very real issues of concern here which must be debated and not evaded.

A social dysfunction

It is also the case, however, that a growing number of people (Muslims and others) feel that they have no stake in British society,its institutions and its values. The resulting social meltdown is reflected ina crisis in our legal system. In the very week that the whole nation suddenly seemed united in defence of the existing system of law over and against the archbishop's invitation to reflect on possible adaptations and changes,England's prison population reached an all-time high, and a number of lawyers expressed concern that their conversations with their clients are being bugged.

This breakdown in trust, law and social cohesion has a particularly devastating impact upon young people. It is a crisis which manifests itself in different ways across a whole generation of British youth,especially young men, for whom crime, violence and alcohol have become forms of escape from the social abyss which confronts them. This complex of problems far exceeds that posed by political extremism in religious guise or by the challenges of legal pluralism; and ignorance,complacency and cultural bigotry are poor responses to them.

Rowan Williams - a uniquely gifted Christian leader and one of the finest theologians alive today - has tried to open up one possible channel of informed debate with regard to law, identity and community in Britain today. Many may legitimately disagree with his ideas and worry over his formulations, but the overall response to them suggests a country whose eagerness to abuse and accuse is crushing its ability to listen and learn.

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Tina Beattie, The New Atheists: The Twilight of Reason and the War on Religion (Darton, Longman & Todd, 2007)

Tina Beattie

Rowan Williams

Ekklesia

 
This article is published by Tina Beattie, , and openDemocracy.net under a Creative Commons licence. You may republish it free of charge with attribution for non-commercial purposes following these guidelines. If you teach at a university we ask that your department make a donation. Commercial media must contact us for permission and fees. Some articles on this site are published under different terms.

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Laon said:



Thu, 2008-02-21 08:31

Tina Beattie was recently arguing that atheists cause terrorism because they are insufficiently respectful of the views of various "faith communities".

This is a strikingly stupid claim, but it is also strikingly offensive. (Actually, one recent lot of bombers weren't so much annoyed at atheists as at women who go to dances. I take it, then, that Beattie would also condemn women in nightclubs for inciting terrorism?)

Now, Beattie claims that there is a "deep social crisis" when people treated Archbishop Williams's musings on sharia with anger and contempt.

What social crisis? It was just common sense.

People can and do strongly dislike sharia, and react with real anger to any suggestion that it should be formalised in UK law, without being bigots about individual Muslims. It is desperate and offensive for Beattie to pretend otherwise. (Not that I'm actually offended; just showing how easy it is to claim "offence".

Now, why do people dislike sharia? First, because it is a total package, and it is dishonest to pretend otherwise. That package does include handchopping, the flogging of rape victims, hanging young gay men from cranes, and so on. Of course "sharia-lite" is the thin end of a wedge, and a strategy by which one group of religious authoritarians seek to increase their power, by stages, over the people around them. That is why it should be strongly, vehemently resisted.

Second, there is a substantial and steadily mounting body of evidence that the exact kind of sharia that Williams was talking about - adjudication on family, particularly marital, problems - works to justify and continue brutal treatment of women, and to pressure women into submitting to bashings and other abuses from their husbands. Sharia already works in practice as a way of keeping such women away from access to real help. Sharia adjudication isolates women from the remedies provided for them in the actual law of the land, and it perpetuates male control of women. Formalising those systems would be a terrible, appalling, reactionary and anti-woman betrayal.

A third point about Williams' speech and the hostile reaction to it is that Williams wasn't just betraying women in Islamic communities in the UK. He quite clearly had another agenda. At present his religion, the Church of England, has political powers of various kinds over people who do not believe in the doctrines of the COE. It can demand prosecution of people who criticise it disrespectfully, under the blasphemy laws, and it has votes in the House of Lords, which gives it direct, if limited, political authority, over people who do not belong to that religion.

Williams rightly fears that those vestiges of theocracy in the UK are coming to an end. His sudden turn to side with the authoritarians of another theocratic and mysogynist religion has to be seen in that context. He wished to portray his quest for continued power and privilege for the COE as being part of a push to multiculturalism. (But multiculturalism would have to include, surely, the views of the many Muslims, especially women, who oppose sharia, as was so strongly the case when there was talk of introducing sharia in Ontario.) It was, instead, an expression of solidarity with other religious authoritarians, in order to preserve the COE's own privileges.

And yes, I have read what Williams said, in full. Let's not pretend it was deep or impressive. It wasn't even second-rate. It was woolly, incoherent and disingenuous, rather like Beattie's piece on "new atheists" and their supposed responsiblity for terrorism.

When people reacted to Williams's speech with anger and contempt, they got it exactly right.

wmfitz said:



Thu, 2008-02-21 04:58

Ms Williams says it's "modern western values" that are challenged by doctrinaire Islam.

That's as fatuous as saying Hitler's invasion of Poland in 1939 was a challenge to Polish values, or that Iran's fatwas against Rushdie were challenges to Rushdie's values.

Williams's postmodern tolerance for Sharia atrocities against women is a challenge to liberty as a universal value, a disavowal of to the rights of women everywhere, and a scandal.

intermedusa said:



Thu, 2008-02-21 04:07

THE ABOMINATION OF SHARIA LAW: A DIRECT CHALLENGE TO DEMOCRATIC CONSTITUTIONS AND RULE OF LAW

Larry Houle
www.godofreason.com
intermedusa@yahoo.com

Wherever Muslims live under Sharia law adulterers are publicly flogged or stoned to death, sometimes before thousands of spectators in public stadiums. There are no rights for women or children, with women genitally mutilated, and beaten in the streets for the slightest infraction. They care nothing for other beliefs, about being fair, have no juries, no free speech. Television and radio are forbidden, music and dance prohibited. It is their way or execution, the death penalty, with no appeal, no delay. You are simply shot in the head where you stand, and your children shot before you. And these practices of the Sharia, once largely confined to the Middle East, even though mostly finished in Afghanistan, are now spreading to other parts of the world.

Here are the top eleven reasons why Sharia or Islamic law is EVIL for all societies.

11. SHARIA LAW IS SLAVERY

10. Islam commands that drinkers and gamblers should be whipped.

9. Islam allows husbands to hit their wives even if the husbands merely fear highhandedness in their wives.

8. Islam allows an injured plaintiff to exact legal revenge—physical eye for physical eye.

7. Islam commands that a male and female thief must have a hand cut off.

6. Islam commands that highway robbers should be crucified or mutilated.

5. Islam commands that homosexuals must be executed.

4. Islam orders unmarried fornicators to be whipped and adulterers to be stoned to death.
Fornication:

3. Islam orders death for Muslim and possible death for non—Muslim critics of Muhammad and the Quran and even sharia itself.

2. Islam orders apostates to be killed.

In And the number one reason why sharia is bad for all societies . . .

1. Islam commands offensive and aggressive and unjust jihad.

Conclusion

The nightmare must end. Sharia oppresses the citizens of Islamic countries.

jim willmot said:



Wed, 2008-02-20 20:31

Beattie is making a living saying that atheists and agnostics are being rude by criticising religion. No matter how politely one criticizes belief in the supernatural, believers are oh so very offended, play the pity card, and cry intolerance. Religion has been off limits to serious criticism until very recently...time to face the music. What I find amusing is that Beattie is an apologist / practitioner of Catholicism...a faith that doesn't allow women to lead a worship service, encourages over-population, condemns condom use and practices the ritual of forgiveness of sin through human sacrifice. But we shouldn't be critical, just like we shouldn't criticize honor killings, burkas, fatwahs, child rape, tithing, etc. She should be outraged at these behaviors, not outraged at the brave people who are willing to speak out.

miguelrbp said:



Wed, 2008-02-13 12:52

I strongly believe that the outcome would turn out to be completely different if it was the anglican church trying to implement a "christian rule of law". As from this moment, there is no valid argument to oppose the introduction of "christian laws" in a society. Europe was made within a religion, but also, in the last two centuries, against Religion, as a whole. For example, are we to allow people in the same country to have two different rules, regarding divorce, for instance? Or on how women are treated? Christianism is also against divorce. Should there be a christian family court of justice. I sincerely hope not.

ianniscarras said:



Wed, 2008-02-13 08:50

On an aside, for better or for worse there is one EU country that implements Sharia law for its Muslim communities and has done so at least since 1922, and that is Greece. Whether this is a good thing, I am not sure. But it is communitarian. It also would seem to run foul of EU law.

As far as the Archbishop's comments are concerned, the fury they aroused have more in my opinion to do with a high degree of intolerance that I noticed during my last few visits to the UK to all things religious than to their precise content. As much anti-Christian as anti-Muslim. It seemed to me this intolerance bordered on hate at times (see for example Christopher Hitchens' article on the issue which I read on the web). Personally, I find such attitudes most illiberal, reminding me of views of religion current in the Soviet Union (it would be a pleasure to be proved wrong). Different countries, different problems. I could understand such an attitude towards religion(s) in Church-dominated Greece, but they seem highly out of place in largely secularised and nominally liberal England.

Whether one agrees or disagrees with the Archbishop's arguments, the Anglicans are fortunate to be led by such an enlightened person. And the UK is fortunate to have him contributing to public debate.

Iannis Carras, Athens, Greece.

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