Tuesday, February 12, 2008

MUST READ: BRITAIN'S ENCOUNTER WITH ISLAMIC LAW

Britain's Encounter with Islamic Law
By Daniel Pipes


Beneath the deceptively placid surface of everyday life, the British population is engaged in a momentous encounter with Islam. Three developments of the past week, each of them culminating years' long trend – and not just some odd occurrence – exemplify changes now underway.

Home Secretary Jacqui Smith describes terrorism as "anti-Islamic."


First, the UK government has decided that terrorism by Muslims in the name of Islam is actually unrelated to Islam, or even anti-Islamic. This notion took root in 2006 when the Foreign Office, afraid that the term "war on terror" would inflame British Muslims, sought language that upholds "shared values as a means to counter terrorists." By early 2007, the European Union issued a classified handbook that banned jihad, Islamic, and fundamentalist in reference to terrorism, offering instead some "non-offensive" phrases. Last summer, Prime Minister Gordon Brown prohibited his ministers from using the word Muslim in connection with terrorism. In January, Home Secretary Jacqui Smith went further, actually describing terrorism as "anti-Islamic." And last week the Home Office completed the obfuscation by issuing a counter-terrorism phrasebook that instructs civil servants to refer only to violent extremism and criminal murderers, not Islamist extremism and jihadi-fundamentalists.

Second, and again culminating several years of evolution, the British government now recognizes polygamous marriages. It changed the rules in the "Tax Credits (Polygamous Marriages) Regulations 2003": previously, only one wife could inherit assets tax-free from a deceased husband; this legislation permits multiple wives to inherit tax-free, so long as the marriage had been contracted where polygamy is legal, as in Nigeria, Pakistan, or India. In a related matter, the Department for Work and Pensions began issuing extra payments to harems for such benefits as jobseeker allowances, housing subventions, and council tax relief. Last week came news that, after a year-long review, four government departments (Work and Pensions, Treasury, Revenue and Customs, Home Office) concluded that formal recognition of polygamy is "the best possible" option for Her Majesty's Government.

Third, the archbishop of Canterbury, Rowan Williams, endorsed applying portions of the Islamic law (the Shari‘a) in Great Britain. Adopting its civil elements, he explained, "seems unavoidable" because not all British Muslims relate to the existing legal system and applying the Shari‘a would help with their social cohesion. When Muslims can go to an Islamic civil court, they need not face "the stark alternatives of cultural loyalty or state loyalty." Continuing to insist on the "legal monopoly" of British common law rather than permit Shari'a, Williams warned, would bring on "a bit of a danger" for the country.

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Pertinent Links:

1) Britain's Encounter with Islamic Law

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