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Sharia in Britain - a retrograde step!

Jul 5 2008 | Views 341 | Comments (6)

Chief Justice of Britain Lord Philip’s observation that Muslims in Britain should be able to... Expand

Chief Justice of Britain Lord Philip’s observation that Muslims in Britain should be able to decide financial and marital disputes based on Sharia law has inflamed the controversy again which started earlier this year with Archbishop of Canterbury’s suggestion that aspects of sharia should be adopted in Britain.

I have no personal antipathy to the idea of law based on religious codes or application of religious principles in limited scope (limited to personal matters and not extending to criminal justice) as the alternative form of dispute resolution if that’s amenable to the people. Constitution of India has ample provisions for religious codification to resolve the personal matters in line with its pluralistic spirit. However the Indian experiment of legal system based on personal laws has only divided people than united. The Indian Muslims have largely been apartheid in India and the codification of personal laws based on religious traditions has always been one of the prime reasons.

A uniform code of civil procedure and a criminal justice system based on human rights and principles of equity is always a superior form of law, than any other form of legal system based on religious believes or ancient traditions. Thus, I doubt that Lord Philip’s observations were really inspired by his intellectual brilliance or jurisprudence. I believe he was merely trying to placate the disgruntled Muslims in Britain and if that’s true, then Lord Philip was certainly venturing into a territory which is completely outside his understanding and expertise. This policy issue should have better been left to the members of the House of Commons and the House of Lords. Indian style personal laws in Britain would only alienate the British Muslims from the mainstream. The young British Muslims would become further vulnerable to being led astray by Islamic fundamentalists who has anyway seeped deep into the social fabric of British Muslims.

The principle of appeasement would not abridge the divide between Britons and British Muslims; it would only create an India like apartheid society. If Sharia is introduced in Britain in any form, it would prove to be divisive and retrograde. It may perk up the fundamentalist ambitions and I won’t be surprised if they fundamentalist forces start demanding implementation of sever punishments prescribed in Sharia like flogging, stoning or chopping hands off.

The challenge that lies ahead of Britain is how to modernize the minds of young British Muslims. It would not be an over statement to say in my opinion that the fate of this country will depend on its dexterity to inspire and igniting these young minds.