Modified:
06 Oct 2008
by Admin

Vote totals:

Yes:

17%

No:

75%

Neutral:

8%

 
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Debatewise debate DEBATE: BRITAIN SHOULD ADOPT SHARIA LAW.

The Archbishop of Canterbury came in for huge criticism for suggesting Britain should adopt certain aspects of Sharia law, but what would it actually mean and could it be a good thing?





Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


British law already allows people to devise their own methods of arbitration


Where there is a civil dispute – i.e. not a criminal one, two parties can agree the terms under which their dispute is to be settled. The judgement of the arbitrator is completely legal under domestic law, unless it is clearly unreasonable. The arbitrator would not be able to impose any physical or custodial punishment.

Sharia law can be manifestly unjust towards women in particular. It is easy to imagine situations where women are forced into accepting arbitration by a Sharia court only to have her children taken from her and her husband given all her assets. British law provides a manifestly more open way of securing justice and this is the only law that can be acceptable here.


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Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


Other religions decide things their own way


Jews have had their own Beth Din courts in Britain for centuries and have been quite able to find a way of co-existing with Britons. Jewish courts deal with matters relating to Judaism only. Anything outside of that, anything subject to British law, is still tried by the British legal system.
If anyone is flogged, that would count as common assault under existing British law and those responsible punished. This debate does not presume Sharia Law and any punishments given under it to be superior to or beyond existing domestic legislation.

Jewish law is entirely different to Sharia and is far more tolerant. We cannot allow Sharia any foothold in this country, for it might start out dealing with marital disputes but could easily end up with women being flogged for sitting too close to a man they’re not married to. Very many aspects of Sharia law are abhorrent to Britons and the idea it should be practised here is unthinkable.
The ‘For’ argument says: "Jews have had their own Beth Din courts in Britain for centuries and have been quite able to find a way of co-existing with Britons." This says it all, really. Their attitude is wrong. If they want to live in Britain, they should become Britons, not aspire to just ‘coexist’ with them.


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Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


If a dispute does arise British law will overrule


Should there be any dispute about the legitimacy of Sharia or the decisions made as a result of it, any plaintiff will still be able to appeal to British law and have their case heard there. Sharia does not replace British law but supplements it, and by so doing provides a way for Muslims to reduce the load on the British legal system.

As all public bodies have to adhere to Human Rights legislation, one aspect of which is a fair trial, all Sharia decisions will be suspect as the very nature of the procedure is often unfair. For example, the weight of the testimony given by a woman or non-Muslim is less than a Muslim man. Sharia courts will only be useful in business disputes between two male Muslims which is not the circumstance in which most people supporting this move would like them used.
It is difficult to see a situation in, say, family law, where the Sharia court could give a different decision to what would have been the decision of secular family court and where that decision would be upheld.


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Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


There is room for improvement in any legal system


National laws should always be open to any improvements or adjustments for the benefit of the dynamic society. There is no harm in considering to adopt the positive aspects of another legal system, regardless of the authority that devised it. It should not be a debate about religion and religious rules, but about the system of rules that work best for society. And there is always a ‘need’ for continuous improvement in any system. Therefore, certain aspects of Sharia law that would be good for the society should be considered for adoption.



Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


One law for everyone


Muslims are not asking for Britons to abide by Sharia, just that they be allowed to use Sharia courts in cases where both sides agree to abide by their decision. Muslims would still have to abide by British law and to suffer the consequences if they don’t. No-one, Muslim or non-Muslim, would have to abide by Sharia law if they didn’t want to.

Justice cannot be served unless there is one law for everyone. British law is based on this tenet and it is inviolate. Sharia law cannot be allowed to override or even co-exist with British law. British law must apply to everyone, Muslim and non-Muslim alike. To change this would be to invite any sub-group to determine their own laws, and that way anarchy lies.


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Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


Sharia law is unfair to women and incompatible with justice


The Taliban and Saudi Arabia are two extreme versions of Sharia law. Islam is actually a very fair and tolerant religion. It has only been made extreme by extremists and the danger here is that by not allowing Sharia we force young Muslims to choose between British society and their religion. For Muslims there can only be one winner and this will force moderates to come into contact with extremists and to become radicalised.

Sharia law in Britain might not start out as the same Sharia law practised by the Taliban or in Saudi Arabia, but who’s to say it won’t end up that way? Extreme Sharia law doesn’t allow for free speech, doesn’t treat women equally, treats gays as second-class and imposes some pretty brutal punishments. This is not the kind of law we want in Britain.


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Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


People who come to this country should abide by its laws


Muslims have made great efforts to integrate with British society, the reason they feel alienated is because they have been made to feel so through intolerant attitudes from some in this country. Sharia law does not interfere with British law, it does not replace British law and will not affect British people. It simply recognises that sometimes Muslims want to abide by Muslim rules.

Muslims should not expect society to bend to Islamic law when in a (primarily) Christian society. There needs to be some give from Muslims, it can’t be all British society bending to their whim. If we choose to live in another country we must agree to abide by their rules and laws. In this case it means British rules and British laws.


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Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


‘Government approval’ doesn’t equal public approval.


If the British Government is ultimately responsible for the appointment of the legal representatives/arbitrators of Sharia law then there is always the risk that Muslims will not accept their judgements as valid or agreeable, particularly if the arbitrators have been selected on account of their westernised and liberal traits that are not always shared by the rest of the Muslim population.
The situation is then that the ‘official bodies’ will be ignored and Muslims in need of dispute resolution will simply go back to the more conservative clerics in their mosques as they always have done.



Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


There is no need for Sharia law.


The existing legal system is designed to be fair to the whole population. Religion should not be allowed to infiltrate law, and Muslims should be focused more on integrating with British society rather than further distancing themselves from it.
Allowing different religious groups to run their own worlds is dangerous; it will only lead to anarchy and fragmentation.



Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


Abolishing secularism is reactionary


The motion is not calling for secular law to be abolished, rather supplemented by an alternative yet fair judicial system which can be approached by those who do not wish to undergo the expense and bureaucracy of the secular law systems.

To abolish the secular principles of an established democracy, in favour of a religious rule of law, is reactionary.


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Debatewise debateBRITAIN SHOULD ADOPT SHARIA LAW.


British Law for a British Country


Christian law has often been just as brutal and misogynistic as Islamic law. Allowing people to practice Sharia law whilst under the supervision of secular law will prevent harsh and cruel punishments from being installed, and the constant discussion amongst imams would allow Sharia law to evolve and adapt. Jewish law is based on rabbinical decision and the country’s own law, allowing adaptation and prevention of old and useless laws and customs, and simply changing British law to accommodate for Muslims would not solve the problem of expense and bureaucracy.

Britain is a Christian country and so to introduce laws from another religion is ridiculous. Sharia Law would take us back to a time of capital punishment, something our society has advanced from. Sharia Law is fixed and leaves no room to evolve, if people wish to introduce new laws they should use the current system in place to try and include them in British LAW.


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