[NB: I know, I know, I'm late to the party. I've been sitting on this post for ages.]
He’s good at provoking argument, is the Archbishop. He’s said, in a lecture to the Royal Courts of Justice as a contribution to a series on Islam and English Law, that he believes that adopting certain aspects of Sharia law would help social cohesion:
The problem here is that recognising the authority of a communal religious court to decide finally and authoritatively about such a question would in effect not merely allow an additional layer of legal routes for resolving conflicts and ordering behaviour but would actually deprive members of the minority community of rights and liberties that they were entitled to enjoy as citizens; and while a legal system might properly admit structures or protocols that embody the diversity of moral reasoning in a plural society by allowing scope for a minority group to administer its affairs according to its own convictions, it can hardly admit or ‘license’ protocols that effectively take away the rights it acknowledges as generally valid.
Addressing the Synod, the Archbishop said of his speech:
it posed the question to the legal establishment of whether attempts to accommodate aspects of Islamic law would create an area where the law of the land doesn’t run.
This, I said, would certainly be the case if any practice under Islamic law had the effect of removing from any individual the rights they were entitled to enjoy as a citizen of the UK, and I concluded that nothing should be recognised which had that effect.
So I gather that the proposal is for Muslims to be able to resolve certain sorts of disputes, such as divorce and custody, in Muslim courts, in a similar manner to the way Orthodox Jews may do if they wish, by going to a Beth Din.
The first thing to note is that Dr Williams’s comments have been met with a great deal of hostility by the British press, including all the usual anti-Muslim sentiment that one would expect. The other thing to note is that as far as I’m aware, Muslims in the UK are not in fact clamoring to be able to appeal to Sharia courts.
That said, it does seem to me inconsistent to have religious courts for some groups but not others (not to mention the fact that “secular” law in the UK is based on Christian values, and is not totally secular as a result).
On the other hand, I’m not sure I see a value in having a Beth Din or other religious equivalents. As an aside, I think it is slightly misleading to cite the example of Beth Dins resolving divorce issues, since some of the technicalities of Jewish matrimonial law are not issues to which civil law could ever apply (I don’t think it appropriate for civil law to govern how people practice religion). That said, I’m not sure to what extent Beth Dins deal with purely religious matters, and to what extent they can deal with matters of civil law.
It seems to me that if the fairness of a civil court ruling depends on the religion or lack of religion of the parties involved in the legal proceedings, then we have a problem with our civil legal system. That problem might be with the law or it might be with the setup of legal system (that is, with the way courts run and so on). But if a court ruling is unjust to those in a particular circumstance (eg, the circumstance of having or not having a particular religion), then that legal system is potentially unjust for everyone. That is, the adequacy of that legal system depends entirely on the circumstance of the individual, and that’s not a just system.
I don’t think the solution to that is to have different religious legal systems for people of different religions (and presumably a civil system as well). But I do think there might be mileage to be gained out of seeing whether our civil legal system is indeed just in this respect, and ammending it to make it just if it is not.
–IP