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Sharia to be intruduced into English law?

 
 
Reply Wed 26 Nov, 2008 12:47 pm

http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/3523672/Sharia-law-should-be-introduced-into-legal-system-says-leading-barrister.html

Quote:

A leading barrister has said that Sharia law should be incorporated into the English legal system, it has been reported.

Stephen Hockman QC, a former chairman of the Bar Council, reportedly suggested that a group of MPs and legal figures should be convened to plan how elements of the Muslim religious-legal code could be introduced.

After speaking at an event organised by the website Islam4UK at the National Liberal Club, Whitehall, Mr Hockman reportedly told The Daily Express: “Given our substantial Muslim population, it is vital that we look at ways to integrate Muslim culture into our traditions. Otherwise we will find that there is a significant section of our society which is increasingly alienated, with very dangerous results.

“There should perhaps be a standing committee comprising Parliamentarians, lawyers and religious leaders to consider how this could be achieved and what legal changes might be framed.”

Sharia law has been criticised for its prevention of some rights for women. Mr Hockman reportedly conceded: “The position of women is one area where the emphasis is, to the say the least, rather different.”

He reportedly added that the incorporation of Sharia could improve relations between faith groups and boost the country’s security.

He said: “I am also sometimes confronted by those who point out that there are elements within the Muslim community who pose a threat to our very security. My answer is not to dispute them but to suggest that it is for those of us forming part of the majority community to address such problems.”

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Type: Discussion • Score: 1 • Views: 2,122 • Replies: 30
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Walter Hinteler
 
  1  
Reply Wed 26 Nov, 2008 12:57 pm
@gungasnake,
Well, The Lord Chief Justice of England and Wales said similar already in June or July. (And there was a thread about that.)

It's not surprising that such was announced by a Liberal ("Libertarian") as well.
(And as far as I know, this has been discussed with the (UK's) Liberal Party since some time.
0 Replies
 
Steve 41oo
 
  1  
Reply Wed 26 Nov, 2008 01:46 pm
When the Archbishop of Canterbury said elements of Sharia law should be introduced in the UK, he had to shut up very quickly.

Personally I am all for stoning women and lopping off hands.

Actually what this shows is the British establishment is terrified. We dont have a very large Muslim population, but we have completely neglected them for decades. Now we find an alarming proportion cheer for Osama bin Laden. The establishment hopes to stem that tide of alienation by allowing Sharia law in the UK Its pathetic and desperate and it wont work.

edit please apply sarcasm to second paragraph...I DONT REALLY APPROVE OK!
Walter Hinteler
 
  1  
Reply Wed 26 Nov, 2008 01:55 pm
@Steve 41oo,
As far as I've followed this discussion, no one ever talked about stoning women and lopping off hands".


But I certainly might have missed that or it wasn't reported in the media.
gungasnake
 
  1  
Reply Wed 26 Nov, 2008 03:47 pm
@Walter Hinteler,
What about goats (i.e. do the slammites ever stone a goat for immodest dress or anything like that)??

0 Replies
 
Mr Stillwater
 
  1  
Reply Thu 27 Nov, 2008 12:41 am
@gungasnake,
This is a total nothing. Every one of the words quoted are so vague to make the whole concept pure media froth.

The source has 'reportedly' made a 'suggestion'. This is to possibly 'convene' a committe to maybe 'consider' how to changes 'might' be framed.

0 Replies
 
Steve 41oo
 
  1  
Reply Thu 27 Nov, 2008 06:39 am
@Walter Hinteler,
Walter, I did say apply sarcasm to that point.

Of course no one is talking about amputations and stoning in the UK.

But that is what sharia law means to most people. And most people will have none of it.

gungasnake
 
  1  
Reply Thu 27 Nov, 2008 06:56 am
@Steve 41oo,
It's the thought that counts. These ****-birds KNOW perfectly well how the rest of mankind views their fucked law; the fact that they'd even try to have sharia or any part of it implemented in a host country which took them in as immigrants and refugees is the problem. I-slam is what happens when a bunch of self-pitying losers decide to make being pushy into an art form.
Walter Hinteler
 
  1  
Reply Thu 27 Nov, 2008 07:05 am
@Steve 41oo,
Steve 41oo wrote:

But that is what sharia law means to most people. And most people will have none of it.


In that case, people should educate themselves - and actually read more than the headlines!

The Lord Chief Justice Lord Philipps repeated in July what the Archbishop of Canterbury Dr Rowan Williams had said five months earlier - and exactly that was again repeated in the National Liberal Club by Stephen Hockman QC: namely that Sharia law should be used for disputes among Muslims; legal principles could be employed to deal with family and marital arguments and to regulate finance.

And if someone had followed the discussions among judges, lawers, solicisters, barristers - those would have noted that such is already done since years: anyone entering into a contractual agreement can agree that the agreement shall be governed by a law other than English law.
Walter Hinteler
 
  1  
Reply Thu 27 Nov, 2008 07:07 am
@gungasnake,
gungasnake wrote:

It's the thought that counts. These ****-birds KNOW perfectly well how the rest of mankind views their fucked law; the fact that they'd even try to have sharia or any part of it implemented in a host country which took them in as immigrants and refugees is the problem. I-slam is what happens when a bunch of self-pitying losers decide to make being pushy into an art form.


Well, ask those who divorced under US law: some say "fucked law" (those who have to pay), others like it better than the English law (those who get more money).
0 Replies
 
gungasnake
 
  1  
Reply Thu 27 Nov, 2008 07:16 am
@Walter Hinteler,
Quote:
legal ....principles could be employed to deal with family and marital arguments....


How does that mean anything other than that the sorry fuckers will be allowed to whip or stone their daughters and nieces for dating Christian boys? Inquiring minds want to know.
Walter Hinteler
 
  1  
Reply Thu 27 Nov, 2008 07:23 am
@gungasnake,
gungasnake wrote:

How does that mean anything other than that the sorry fuckers will be allowed to whip or stone their daughters and nieces for dating Christian boys? Inquiring minds want to know.


Do you really think that a judge agree to a settlement which says that after the divorce the daughters and nieces will be stoned?



Oh, you didn't read what I wrote, I just noticed. And certainly you have no idea at all about the discussion is and was: it has nothing to do which what you wrote above. Nothing at all.


(What was said at the Liberal Club in is actually an opinion hold by liberals [=libertarians] since earliest 19th century. Any book about legal history should satisfy "investigating minds" - though THEY know it.)

gungasnake
 
  1  
Reply Thu 27 Nov, 2008 07:28 am
@Walter Hinteler,
Quote:
Do you really think that a judge agree to a settlement which says that after the divorce the daughters and nieces will be stoned?


In England? Probably. At least, that's the way things apear to be going over there...
Walter Hinteler
 
  1  
Reply Thu 27 Nov, 2008 07:42 am
@gungasnake,
You seem to be better educated about than I am.

I read a couple of English law blogs (by judges as well as lawers).
That's new for me.

And actually it would be ... well, not according English law and EU law.

But since you know better ...
0 Replies
 
Steve 41oo
 
  1  
Reply Fri 28 Nov, 2008 05:15 am
@Walter Hinteler,
Walter Hinteler wrote:

Steve 41oo wrote:

But that is what sharia law means to most people. And most people will have none of it.


In that case, people should educate themselves - and actually read more than the headlines!

The Lord Chief Justice Lord Philipps repeated in July what the Archbishop of Canterbury Dr Rowan Williams had said five months earlier - and exactly that was again repeated in the National Liberal Club by Stephen Hockman QC: namely that Sharia law should be used for disputes among Muslims; legal principles could be employed to deal with family and marital arguments and to regulate finance.

And if someone had followed the discussions among judges, lawers, solicisters, barristers - those would have noted that such is already done since years: anyone entering into a contractual agreement can agree that the agreement shall be governed by a law other than English law.
Yes I accept that. And it is more complex than first appears. But Rowan Williams was stupid in not realising how his remarks would be taken by ordinary people, particularly Christians. I think its an impossible task to incorporate any element of Sharia law into UK law because they are funadmentally incompatible. How are you going to guarantee the rights of women and minority groups such as homosexuals under Sharia? If a man demands his right to a sharia court can the woman demand a trial under English law?
Walter Hinteler
 
  1  
Reply Fri 28 Nov, 2008 06:03 am
@Steve 41oo,
Steve 41oo wrote:
And it is more complex than first appears. But Rowan Williams was stupid in not realising how his remarks would be taken by ordinary people, particularly Christians. I think its an impossible task to incorporate any element of Sharia law into UK law because they are funadmentally incompatible. How are you going to guarantee the rights of women and minority groups such as homosexuals under Sharia?


Well - how are the rights of minorities, women, homosexuals guaranteed in 'normal' family pre-court cases, under English law?

Steve 41oo wrote:
If a man demands his right to a sharia court can the woman demand a trial under English law?


Give me one quote by any of those three persons named above or by any other (serious) person who had asked for 'sharia courts' to be introduced in England.

I mean certainly you can discuss anybody about what might happen if ...
But not with me.
I think, it's better to discuss what really was said and not what YOU think what MIGHT happen IF ...
Walter Hinteler
 
  1  
Reply Fri 28 Nov, 2008 06:31 am
The Lord Chief Justice Lord Philips said on July 3:

Quote:
... there is widespread misunderstanding in this country as to the nature of Sharia law. Sharia consists of a set of principles governing the way that one should live one’s life in accordance with the will of God. These principles are based on the Qu’ran, as revealed to the Prophet Muhammad and interpreted by Islamic scholars. The principles have much in common with those of other religions. They do not include forced marriage or the repression of women. Compliance with them requires a high level of personal conduct, including abstinence from alcohol. I understand that it is not the case that for a Muslim to lead his or her life in accordance with these principles will be in conflict with the requirements of the law in this country.

What would be in conflict with the law would be to impose certain sanctions for failure to comply with Sharia principles. Part of the misconception about Sharia law is the belief that Sharia is only about mandating sanctions such as flogging, stoning, the cutting off of hands, or death for those who fail to comply with the law. And the view of many of Sharia law is coloured by violent extremists who invoke it, perversely, to justify terrorist atrocities such as suicide bombing, which I understand to be in conflict with Islamic principles. There can be no question of such sanctions being applied to or by any Muslim who lives within this jurisdiction. Nor, when I was in Oman, did I find that such penalties formed any part of the law applied there. It is true that they have the death penalty for that intentional murder, but they do not apply any of the other forms of corporal punishment I have just listed.

It remains the fact that in Muslim countries where the law is founded on Sharia principles, the law includes sanctions for failure to observe those principles and there are courts to try those who are alleged to have breached those laws. The definition of the law and the sanctions to be applied for breach of it differ from one Muslim country to another. In some countries the courts interpret Sharia Law as calling for severe physical punishment. There can be no question of such courts sitting in this country, or such sanctions being applied here. So far as the law is concerned, those who live in this country are governed by English law and subject to the jurisdiction of the English courts....


Source



And some time before that, in February 2008, speaking to the BBC, Archbishop of Canterbury Rowan Williams appeared to agree that limited application of Sharia law might help to ease social tension between Muslims and other UK residents.

Transscript



I couldn't find any transcript of QC Hockmann's speech (but found while searching that ...
http://i37.tinypic.com/xlz9jd.jpg
Interesting.)
Steve 41oo
 
  1  
Reply Fri 28 Nov, 2008 06:58 am
@Walter Hinteler,
Walter Hinteler wrote:

Well - how are the rights of minorities, women, homosexuals guaranteed in 'normal' family pre-court cases, under English law?
I dont understand the point you are making here. I'm not a lawyer but as far as I know English law does not discriminate or favour one sex over the other. Sharia law does, or at least appears to. But leaving the law aside, no political party hoping to get elected would touch this with a barge pole!
0 Replies
 
Steve 41oo
 
  1  
Reply Fri 28 Nov, 2008 07:11 am
@Walter Hinteler,
Walter Hinteler wrote:

The Lord Chief Justice Lord Philips said on July 3:

Quote:
... there is widespread misunderstanding in this country as to the nature of Sharia law. Sharia consists of a set of principles governing the way that one should live one’s life in accordance with the will of God. These principles are based on the Qu’ran, as revealed to the Prophet Muhammad and interpreted by Islamic scholars. The principles have much in common with those of other religions. They do not include forced marriage or the repression of women. Compliance with them requires a high level of personal conduct, including abstinence from alcohol. I understand that it is not the case that for a Muslim to lead his or her life in accordance with these principles will be in conflict with the requirements of the law in this country.

What would be in conflict with the law would be to impose certain sanctions for failure to comply with Sharia principles. Part of the misconception about Sharia law is the belief that Sharia is only about mandating sanctions such as flogging, stoning, the cutting off of hands, or death for those who fail to comply with the law. And the view of many of Sharia law is coloured by violent extremists who invoke it, perversely, to justify terrorist atrocities such as suicide bombing, which I understand to be in conflict with Islamic principles. There can be no question of such sanctions being applied to or by any Muslim who lives within this jurisdiction. Nor, when I was in Oman, did I find that such penalties formed any part of the law applied there. It is true that they have the death penalty for that intentional murder, but they do not apply any of the other forms of corporal punishment I have just listed.

It remains the fact that in Muslim countries where the law is founded on Sharia principles, the law includes sanctions for failure to observe those principles and there are courts to try those who are alleged to have breached those laws. The definition of the law and the sanctions to be applied for breach of it differ from one Muslim country to another. In some countries the courts interpret Sharia Law as calling for severe physical punishment. There can be no question of such courts sitting in this country, or such sanctions being applied here. So far as the law is concerned, those who live in this country are governed by English law and subject to the jurisdiction of the English courts....

Again I dont understand. Philips seems to be saying the basic principles of English and Sharia law are compatible. OK fine, so why do Muslims want their own law? I'm not picking a fight with you on this one Walter, you know more about the law than i do, I'm just asking questions that any interested observer could be expected to ask.
Walter Hinteler
 
  1  
Reply Fri 28 Nov, 2008 07:18 am
@Steve 41oo,
I remember that it was you, Steve, who wanted a special investigation about a deadly accident in Paris. By a British coroner. About an accident in France. Closed by the French authorities after all was done according to French law (which is the law in France).


 

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