Britain's Sharia Suburbs

This interested me today:

Telegraph - Sharia law is spreading as authority wanes

By Joshua Rozenberg, Legal Editor

Islamic sharia law is gaining an increasing foothold in parts of Britain, a report claims.

Sharia, derived from several sources including the Koran, is applied to varying degrees in predominantly Muslim countries but it has no binding status in Britain.

However, the BBC Radio 4 programme Law in Action produced evidence yesterday that it was being used by some Muslims as an alternative to English criminal law. Aydarus Yusuf, 29, a youth worker from Somalia, recalled a stabbing case that was decided by an unofficial Somali "court" sitting in Woolwich, south-east London.

I expect we're supposed to be appalled. Yet I'm not. I don't see a problem with this idea. In fact it's a good deal more responsible a solution than meting out punishment beatings or kickings to the local scrotes on the say so of the local hard-man.

In fact, I quite like the idea that communities deal with many matters of justice on their own. As the report says, people submit to these courts because their families make them. Those families are shamed amongst their friends and the rest of their communities by their relatives' actions. The only stipulation I'd make is that no punishment should be imposed that would itself be a criminal offense under British law or that the "arrests" do not actually amount to kidnappings - if miscreants do not submit voluntarily to such local community justice.

It has always struck me, especially since the experience of accompanying a friend to a magistrates' court on a driving charge last year, that our good old British magistrate system is failing miserably in many places. They appear merely to be applying a regular slap on the wrist to a group of people, chief amongst them the hapless and hopeless, on behalf of an overburdened legal system. There's no sense, to me at least, that the magistrate system is reflecting the wishes and concerns of the communities they serve in any way that would assist in rehabilitation of relatively minor offenders or reconciliation with the communities they offend against.

But in terms of these Sharia courts, I don't see why we should get any more worked up about it than by, say, a Catholic Charismatic Renewal church that holds confessions in public, or the idea of church congregations "shunning" miscreants in some Christian sects. All our communities should be encouraged to find their own answers within the overall framework of the law to the sort of crimes against the community these courts are dealing with. Far better, say, than a broad brush "Anti-Social Behaviour Order" I'd say.

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Comments

Chopping hands - well to some it does mean that, to some it means a woman's testimony is worth less than a man's - to others it means something less objectionable. It is not for me to deem whose theology is correct.

The use of internal discipline by universities for criminal offences has always puzzled me a little. I presume it is because the university doesn't want the bad press.

The whole idea of voluntary justice is puzzling. Of course if the arrangements are voluntary, then there is no objection. But then this isn't a system of justice, merely one of condemnation, ostracism, and the sorts of thing that individuals and communities may inflict on each other generally for whatever noble or shallow reasons they may have.

Sorry Jock, I think you've dropped the ball on this one. I can't think of any punishment that a vigilante court might impose that wouldn't be a crime in itself. And if it can't impose punishments, what is the point of it dealing" with a stabbing?"

You've obviously never been a hall warden in a university hall of residence then! We are very creative when it comes to punishments.

Indeed, that's probably a very good example of a community that people join voluntarily and in which they agree certain standards of basic conduct and decency and if they break them we deal with them.

This can in fact include issues that would normally be dealt with by the police. I know, for example, of cases where we as wardens have prosecuted" through the internal disciplinary system cases where the victim didn't want to press charges even if the police were initially involved simply because we have taken the view that we don't want people perpetrating "that sort of thing" and thinking that they can get away with it if the victim refuses to press charges.

We can fine people, get them doing community service, withdraw certain services or privileges, or suspend them from membership of the community temporarily or even permanently, and we can order financial reparation to be made, apologies to be given or counselling to be sought.

You're not one of these people that thinks that Sharia means shopping off someone's hand are you...:)"

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