Author: Ophelia Benson

  • When was this thing last renewed?

    Andrew Anthony zeroes in on the problem.

    All the subclauses in the world can’t disguise the intention that underpins these positions. In seeking to incorporate a disputed deity’s authority (which, by the way, it is blasphemous to question) into the common law, and by challenging the principle of equality under the law, Dr Williams launched a strategic attack on secularism.

    A disputed deity’s authority. Just so. And it’s not only the deity that is disputed, it is also that deity’s authority, and the content of the resulting commands, and above all how and if anyone knows any of this. This is the theist four-step I talked about last year. We tend to think there’s just one step – believe in God or not – but in fact there are at least four, and it’s the whole package that is both so coercive and so weak as a matter of knowledge. It’s coercive because the package is: there is a God, it is all-good and all-powerful, it has told us how to be good, we know those three things beyond a shadow of a doubt. That’s coercive because (if it’s true, which of course it isn’t) it closes off the exits. It’s weak as a matter of knowledge because we don’t know any one of the four, much less all of them – yet that doesn’t get pointed out all that often. The archbishop can talk about a covenant with the divine and no one says like a rude eight-year-old ‘How do you know?’ But it is a real question. How does he know? The answer of course is that he doesn’t – but because no one says so, he gets to go on pretending he does.

    The archbishop says says there is a ‘covenant between the divine and the human’. Well, is there? How does he know? There is no evidence of such a covenant. There is no crumbly old bit of parchment in the British Museum with God’s signature on it. There’s no anything – there’s only a chain of assertions going back many hundreds of years. Well that doesn’t count, especially in such a momentous matter as this. If there were a covenant – would this God make it once, five thousand years ago or thereabouts, and then never again? Leaving no trace? Is this God so thick that it doesn’t know that humans can forge documents and invent stories? If God really wanted to make a covenant with the human, wouldn’t it make some arrangement for succeeding generations to have genuine, valid knowledge of said covenant? God didn’t do that. God apparently expected us all to be as credulous as newborn babies about this one thing – and most of us have obliged, but maybe it’s getting to be just about time to stop being quite such easy marks. When the archbishop talks as if he has reliable knowledge of this covenant between the divine and the human, he is playing a con game.

  • Anne Applebaum on a Western Prejudice

    Every time police shrug when a Muslim woman complains of forced marriage, they are acting in the spirit of the archbishop.

  • Hitchens on the Archbishop

    ‘There’s one law for everybody and that’s all there is to be said’ stands out like a diamond in a dunghill.

  • The Crux of the Matter: It is Not ‘God’s Law’

    In seeking to incorporate a disputed deity’s authority into the law, ABC launched an attack on secularism.

  • Deborah Orr on Sharia and Women

    The rights of Muslim women might be termed a high-awareness, low-action area.

  • Archbishop Defends Attack on Secularism

    ‘We ought to keep an eye on this trend’ of increasing secularism.

  • Ali Eteraz on Why Not Sharia

    Sharia courts are outgrowths of local communities which exert ‘piety-pressure’ upon average believers.

  • Johann Hari on the Archbishop’s Sharia Problem

    The claim that women can choose shows a near-total disconnection from the reality of Muslim women’s lives.

  • Crooked Timber Defends the Archbishop

    He is merely muddling and tinkering to achieve ‘rough fairness’. Very rough.

  • Murder Plot Against Danish Cartoonist

    Danish police have arrested several people suspected of conspiring to kill a Danish cartoonist.

  • How to Be Wise

    Don’t pretend to know what you don’t know. Watch out for the hemlock.

  • Mo Speaks Up on Kambaksh and Blasphemy

    Nobody has the right to blaspheme Allah; that is why there are Islamic Human Rights.

  • Knowing better

    I had thought I could leave the poor archbishop in peace now…but another item or two has come along to drag me back to his doings. One is the Crooked Timber thread on the subject. Harry B is commenting on a piece by Minette Marin in the Sunday Times.

    The comment about wooliness of mind is, presumably, a charge that anyone who recognises complexity is stupid, or something like that.

    No, it isn’t. The archbishop’s speech is indeed woolly. I’ve already quoted from it more than enough to illustrate (and demonstrate) that, so I won’t quote any more. Joe Hoffman – who can handle complexity – called the speech badly reasoned mud. The speech is not simply a clever academic recognizing complexity – it’s elegantly but also badly, pompously, tortuously, evasively written.

    [T]here is nothing treacherous about the Archbishop’s comments. He is appealing to the long-established British tradition of muddling through, tinkering with institutions as is needed to achieve goals of stability and rough fairness (he’s the one who is “holding fast to that which is good”). The revolutionaries—or to put it far more harshly than I ever would, the traitors—here are, in fact, the Archbishop’s critics.

    Oh really – all of us? Not just Minette Marin but all of us? That’s a large claim – but it will doubtless fall of its own weight. More to the point is that bit about ‘rough fairness’. Fair to whom? To the women who would be forced or intimidated or religiously blackmailed into relying on sharia courts for trivial items like marriage and divorce? Fair to the women who have been saying ‘No thank you!’ in no uncertain terms for several days? Or just fair to the men who like sharia courts for divorce because they are arranged by men for men?

    Someone points out in the comments that Yasmin Alibhai-Brown doesn’t see it the way Harry B does; Harry replies, ‘So Yasmin Alibhai-Brown, too, didn’t bother to check what he actually said. Oh well.’ Right. A Muslim woman with experience of sharia and of talking to countless Muslim women with (very unhappy) experience of sharia needs to be set straight by a non-Muslim male academic; she has it wrong and he has it right; and he knows by intuition that she hasn’t ‘checked’ what Williams actually said. So low does the multicultural mindset (I almost said left, but that’s not left, it’s reactionary) stoop.

    A lot of the commenters are not having it though. Daniel Davies is flinging the abuse around as usual, but it’s not having much effect.

    The other item is Johann’s article.

    Last month, a plain, unsensationalist documentary called Divorce: Sharia Style looked at the judgements [British sharia courts] hand down…Irum Shazad, a 26-year-old British woman, travels from her battered women’s refuge to a sharia court in East London. She explains that her husband was so abusive she slashed her wrists with a carving knife. The court tells her this was a sin, making her as bad as him. They tell her to go back to her husband…Then we meet Nasirin Iqbal, a 27-year-old Pakistani woman who was shipped to Britain five years ago to marry…”He tells me I’m stuck with him, and under Islam he can treat me however he wants. ‘I am a man, I can treat you how I want’.” We see how Imran torments her, announcing, “You are a reject. I didn’t want to marry you.” He takes a second wife in Pakistan, and texts her all day in front of Nasirin declaring his love. The sharia court issues a fatwa saying the marriage stands. She doesn’t seem to know this isn’t a court of law. “I can’t ignore what they say,” she cries. “You have to go with what they say.” These are the courts that Rowan Williams would give the stamp of British law. In his lecture, he worries that this could harm women – before serving up a theological gloop, saying that sharia could be reinterpreted in a way compatible with the rights of women. But if that happens, why would you need different courts? What would be the point?

    Well exactly. The point of them is that they’re different, and that Williams thinks it’s only fair (since Christians get to claim ‘exceptions,’ at least he claims they do) that people should be able to have their different courts. But the way they are different is that they are unequal and, not to put too fine a point on it, unjust. We’ll make it so that they’re not. But then they’re not different any more – so we’re back where we started. What, indeed, is the point?

    In other words Williams has recycled Susan Moller Okin’s argument in Is Multiculturalism Bad for Women?, but without realizing he’s done so (and pretty obviously without being aware of Okin’s argument).

    The argument that women will only have to enter these courts if they freely choose to shows a near-total disconnection from the reality of Muslim women’s lives. Most of the women who will be drawn into “consenting” are, like Nasirin, recent immigrants with little idea of their legal options. Then there are the threats of excommunication – or violence – from some families. As the Muslim feminist Irshad Manji puts it: “When it comes to contemporary sharia, choice is theory; intimidation is the reality.”

    Oh, but surely the good clever non-Muslim males at Crooked Timber know better than Irshad Manji. Why would she know anything about it? Or why would Azar Majedi?

    As the European-Iranian feminist Azar Majedi puts it: “By creating different laws and judicial systems for each ethnic group, we are not fighting racism. In fact, we are institutionalising it.”

    No, that can’t be right. The guys at Crooked Timber must know better.

  • No exceptions

    The archbishop issued a clarification on Friday. He

    sought carefully to explore the limits of a unitary and secular legal system in the presence of an increasingly plural (including religiously plural) society and to see how such a unitary system might be able to accommodate religious claims. Behind this is the underlying principle that Christians cannot claim exceptions from a secular unitary system on religious grounds (for instance in situations where Christian doctors might not be compelled to perform abortions), if they are not willing to consider how a unitary system can accommodate other religious consciences.

    Fair enough. So here’s how to deal with that: Christians cannot claim exceptions from a secular unitary system on religious grounds. Problem solved. Nobody can claim exceptions from a secular unitary system on religious grounds. See how simple that is?

    You do realize what the archbish means by ‘a secular unitary system,’ right? He means the law. He must not have wanted to say what he said quite that baldly. He must not have wanted to say ‘Christians cannot claim exceptions from the law on religious grounds’ – no, one can see why he wouldn’t want to say that. But that’s what he means, and it’s a brazenly terrible idea. Helpful of him to (apart from the crucial euphemism) spell it out.

  • Sharia for toddlers

    It’s kind of the BBC to explain about sharia for us.

    Sharia rulings have been developed to help Muslims understand how they should lead every aspect of their lives according to God’s wishes.

    Well, not exactly – not according to God’s wishes, because no one knows what those are (or if there are such things); according to what they think are God’s wishes. The BBC tactfully skipped over that rather important difference, but that is what’s at stake here. Not God’s wishes but what believers believe are God’s wishes (and the rest of us don’t).

    Apostasy, or leaving the faith, is a very controversial issue in the Muslim world and the majority of scholars believe it is punishable by death…The Koran itself declares there is “no compulsion” in religion.

    Uh huh. And Sura 40 says that those who reject the scriptures will have iron collars and chains placed around their necks, be dragged into scalding water and burnt in the fire. The Beeb doesn’t mention that though.

    The most amazing item is the last. In reply to the rather gormless question ‘So women have reservations about Sharia?’ Dominic Casciani says:

    Some Muslim women in the West would be worried about protection of their rights in Sharia courts where there is discrimination against them because of patriarchal and cultural control in their communities. This does not mean that they are necessarily opposed to Sharia – only there are live concerns about the fairness of its application. It’s fair to say that many leading Muslim women are more concerned about how existing British equality measures and human rights laws can be used to improve their position and voice in society.

    You bet; perfectly fair.

  • Archbishop Still Clueless About Secularism

    Wants ‘Christians and people of other faiths’ to reflect on the putative relationship between law and religion.

  • No Valentines in Saudi Arabia

    No red items allowed, including flowers and wrapping paper. Rutting in the street thus prevented.

  • UN Calls for Women’s Rights in Saudi

    A Saudi delegation told the UN committee that human rights in the kingdom were based on Sharia.

  • Saudis Take Giant Step Toward Women’s Rights

    A woman can now stay in a hotel alone as long as she carries identification. Whatever next?!

  • Manila Women Fight Contraception Ban in Court

    Petitioners have had many more children than they wanted because they could not afford contraception.