Sharia has been officially introduced in England since September 2008. In the Netherlands, the word Sharia (Islamic law) quickly conjures up images of cutting off hands and stoning. And to talk about the introduction of Sharia law in the Netherlands is completely out of the question. What exactly does Sharia mean and how is it possible that you can be tried according to Sharia in England?
Sharia
What does Sharia mean?
Sharia is Islamic law, a law based on Islam, and in Arabic literally means ‘way to the source’. Sharia is not legislation as we know it in the West with a law book. Islamic judges do not have to know a law book by heart, but will have to guess the sources in every situation. And where necessary, discuss what is best suited to a particular situation, provided this does not conflict with the sources. The sources are the Koran and the Hadith (traditions of the prophet Mohammed), with the Koran as the most important source.
You can see the Sharia as a description of everything that is good and bad for people in Islamic terms. For example, politically, financially and socially. The Sharia is intended to encourage good and discourage evil, ostensibly to protect people from themselves. And although the real final judgment rests with God, judges can judge someone if someone has really gone wrong in something and then impose a certain punishment. Again to protect the person from himself, because a true believer will say that he would rather be punished here than in the hereafter.
The Sharia in different countries
When you look at the Sharia in different (Islamic) countries, you see that the Sharia is not actually implemented the same anywhere. In certain countries, certain rules are much stricter than in other countries. In some countries certain punishments are not imposed at all, in other countries they are imposed but are rarely or never applied. This also has to do with which Islamic legal school one follows and which movement one belongs to (Sunnism or Shiism). Certain punishments are, strictly speaking, very difficult to enforce according to Sharia law, because there are often many conditions before a punishment can actually be carried out. In the case of adultery, for example, you will first have to be able to identify four eyewitnesses before you can actually accuse someone. Suppose these eyewitnesses did not tell the truth, then they would also be punishable for that.
If Sharia applies in an (Islamic) country, this does not necessarily mean that Sharia applies to everyone in that country. In many Islamic countries, Christians and non-Muslims can be tried in Western courts if they wish. Of course, someone must adhere to the laws of a particular country. Like when you go to Iran as a woman, you are obliged to wear a headscarf.
The Sharia now also in England
The Rise of Sharia in England
Islamic courts have existed in England for a few years now. And more came as demand increased. However, these Islamic courts were not official, but were usually located in back rooms in people’s homes, or in mosques. These provisional courts applied laws according to Sharia in, among other things, family situations, inheritance law, and divorce situations. They could not, of course, enforce laws that were not permitted under English law. These makeshift Sharia courts were tolerated in England. And there was probably no law that could explicitly ban them.
The first official Sharia courts
In September 2008, the English government quietly ensured that judges were given the power to try certain cases under Islamic law. This concerns matters ranging from financial matters such as inheritance law and loans to domestic violence. Divorces can now also be arranged according to Sharia.
There are now a total of five official Islamic courts in England that have the power to enforce judgments made in accordance with Islamic legal doctrine. Of these, four courts are located in the cities of London, Birmingham, Bradford and Manchester, and the head office is in Nuneaton. Two more courts are planned for the cities of Glasgow and Edinburgh. Before these courts existed, Islamic laws could not be enforced, but it depended on the Muslims themselves whether the laws were enforced. You could actually see it as legalizing a policy of tolerance, which allows you to make something that was already happening happen in a controlled manner.
The public opinion
Naturally, there is a strong reaction in England to the introduction of Sharia law. The reactions are generally very negative. Some people fear that Muslims are taking over Europe in a cunning manner. The so-called Eurabia concept. People also wonder why an additional legal system should be introduced when there is already a good legal system in place. Many people will say why return to a legal system from the Middle Ages. Because when people hear the word Sharia, they quickly think of medieval practices such as cutting off hands.
The reactions are probably so negative because tensions in Europe between Muslims and non-Muslims have been increasing in recent years. This is firstly because, unlike a few years ago, Muslims are increasingly changing the street scene in certain areas. Secondly, this is of course due to all the negative news about Muslims outside Europe.
However, there are also those who think that such a change could improve integration and bring people closer together. Because Muslims will feel more at home this way. You could compare it with Islamic countries where a non-Muslim can be tried in ‘Western’ courts if he wants.
Perhaps the integration of Muslims in Europe is only a matter of time, as was the case with other population groups. The Jews, for example, have had their own courts in England for over 100 years .
The Archbishop of England in the news about Sharia law
In England, the Archbishop of Canterbury heads the Anglican Church. A prominent man in England, with a lot of authority. The currently sitting archbishop is called Rowan Wiliams.
The archbishop has been talking about it even before the official introduction of Sharia law in England. On February 7, 2008, he made a number of quite controversial statements about the possible introduction of Sharia law in England. Which, as a matter of course, immediately make the front pages. He mentioned in an interview that he had already observed Sharia practices in England. When the interviewer asked him what he thought about introducing Sharia law in England, he said that Sharia law is often misunderstood by people. People often think of primitive medieval practices when they hear the word Sharia, he said. While you should see Sharia more as a professional legislation, where it is not fixed how it is applied. He also explained how he thought that in theory multiple legal systems could apply side by side. However, the whole of England reacted with shock to his statements. Many people probably thought he was in favor of introducing Sharia law in England. It was even suggested that he should resign because of this incident.
Why in England but not in the Netherlands?
The difference between England and the Netherlands
In England, the legal system is structured in such a way that multiple legal systems can coexist. The so-called ‘arbitration act’ has existed in England for a number of years. This law makes it possible for judges to resolve disputes according to alternative legal systems. This law is the law that makes it possible for Islamic judges to make rulings in accordance with Sharia law in certain cases. However, as mentioned, only in situations involving disputes. This includes disputes in relationships, domestic violence, and financial disputes such as inheritance law. So so-called ‘medieval practices’ will never be able to take place. We probably do not have such a law in the Netherlands, so it will not happen as quickly in the Netherlands as in England. Although there is probably sufficient enthusiasm for such a change in the Netherlands, since almost 15% of the Dutch population is Muslim.
Public opinion in the Netherlands
The majority of people here will be very happy that Sharia will not be introduced in the Netherlands any time soon, as public opinion differs little from that in England. People here see Sharia as an old-fashioned system that is out of date. They will experience its introduction as a threat. A threat to what we have built together over hundreds of years.
The possibility of Sharia law in the Netherlands
If Sharia law were to be introduced in the Netherlands, it would have to be implemented in such a way that it would in no way conflict with our Dutch law. This could be possible if it were introduced in the same way as has now happened in England. But let’s first wait and see how people in England will respond to it and whether it will hold up in the coming years. And who knows, we might learn something in the future from Sharia law in England, just as we could from the Islamic banks during the credit crisis.