Stop blathering about Sharia here
No other issue so works up some Australians into a sweat than any suggestion that Muslims will gain some advantage in our country. Such was the case this week following the Archbishop of Canterbury’s suggestion that aspects of Sharia Law involving family disputes, property and financial matters would eventually be accepted in Britain. Instantly everybody was an expert and countless emails flew around the world claiming that all Christian countries would be forced into cutting off hands for thieves, beheading adulterers and stoning women to death.
The Archbishop was unwise not to have foreseen this hysterical and often racist response. The people making the most hysterical responses never researched the issue, nor realised that Sharia law in the context of family law is already being used by the Muslim community not only in Britain, but also in the United States, Canada and is already used here in Australia.
Saner voices like those of Ghena Krayem and Haisam Farache in the Sydney Morning Herald (February 18, 2008) were not heard because after all they were Muslims and therefore liars and part of the international Muslim conspiracy to take over Australia and enslave all Christians. But the cold facts are, that in our Australian legal system, two individuals can agree to any contract they like, as long as the contract does not abrogate the law or have an illegal purpose. This means that under existing law two people can use the laws of Christianity, Judaism, Buddhism or even make up their own ideology and bind each other in a legally valid contract under Australian law. By the same token two people can enter into a contract to abide by Sharia law. Is that surprising? And if the contract was made in deed form it would even be registered with the Department of Lands.
In a democracy, people of any tradition, race or culture can use any system to help its citizens provided it is not illegal. So tribal Aboriginals are frequently given the right to settle family issues by Aboriginal customs provided it is exercised within the Australian legal system. As the above mentioned authors wrote: “Did you know that Sharia law courts have the same plaintiff and defendant system as Australian courts? Did you know that in Sharia law if a husband files for divorce he is obliged to pay his ex-wife’s rent and basic necessities and it is the husband who is forced to leave the matrimonial home? Did you know that in Sharia law the overriding principle in determining who has custody of the children is the same as that under the Australian Family Law Act – “the best interests of the child” and the presumption is that it is usually the mother?”
In Australia, we already have special courts set aside for Jewish people to have their disputes on family and financial and business matters settled by Jewish law. Some Pacific island groups, including Maoris exercise in Australia the same rights according to their laws and customs. Have you ever heard of hysterical outbursts against them?
But what about the issue of women’s rights? “Atrocities have been committed against women overseas in the name of Islam, but such practices have no basis in the religion itself. More than 1400 years ago Islam afforded women rights comparable to those in our contemporary international human rights documents. It is not Islam but other factors, notably cultural practices alien to the religion itself, which are the cause of the mistreatment of women.” (ibid)
The Archbishop was not suggesting any replacement of existing law, but suggesting that Sharia law in property and family matters could be an alternative dispute process within the Muslim community so long as existing laws over-rule to ensure equity and justice for all. Christians must not allow the atrocities and persecutions of other people determine how we should react. We must respond as our Lord and Master Jesus Christ, taught us. So don’t get hysterical. In the words of an old advertisement: “Have a cup of tea, a Bex and a good lie down.”
Rev The Hon. Dr Gordon Moyes, A.C., M.L.C.