Author Topic: Archbishop of Canterbury suggests Islamic Law in the UK...  (Read 32141 times)

Bigjake

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #75 on: February 10, 2008, 09:46:48 AM »
No where in that quote does it suggest or imply Jews as the masterminds of Bolshevism.

Care to find a source that does?

De Selby

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #76 on: February 10, 2008, 09:48:03 AM »
No where in that quote does it suggest or imply Jews as the masterminds of Bolshevism.

Care to find a source that does?

It's not possible to find a source that does besides Goebbels and his followers today, because it's not true.
"Human existence being an hallucination containing in itself the secondary hallucinations of day and night (the latter an insanitary condition of the atmosphere due to accretions of black air) it ill becomes any man of sense to be concerned at the illusory approach of the supreme hallucination known as death."

Bigjake

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #77 on: February 10, 2008, 09:52:21 AM »
No where in that quote does it suggest or imply Jews as the masterminds of Bolshevism.

Care to find a source that does?

It's not possible to find a source that does besides Goebbels and his followers today, because it's not true.

Exactly, which is what I said.  You're wrong.

De Selby

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #78 on: February 10, 2008, 09:57:21 AM »
No where in that quote does it suggest or imply Jews as the masterminds of Bolshevism.

Care to find a source that does?

It's not possible to find a source that does besides Goebbels and his followers today, because it's not true.

Exactly, which is what I said.  You're wrong.

I think we're confused about what each other is saying here.

If you want proof that Goebbels was referring to Judaism and tying the war to it, you can read the whole speech for yourself:

http://www.calvin.edu/academic/cas/gpa/goeb36.htm

What I was saying above was that there is absolutely not a shred of sensible evidence to imply that any of this is factual.
"Human existence being an hallucination containing in itself the secondary hallucinations of day and night (the latter an insanitary condition of the atmosphere due to accretions of black air) it ill becomes any man of sense to be concerned at the illusory approach of the supreme hallucination known as death."

Iain

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #79 on: February 10, 2008, 10:37:48 AM »
Yasmin is tilting at windmills, sad because she can make an interesting commentator at times. Nothing but nothing that could be done by a sharia court that could not be done by a British court. This is not a parallel legal system, it is allowing some people the right to choose to go to one 'court' rather than another to solve civil matters, all under British law.

Again, no stonings, no beheadings, no violence. This is not the 'sharia' of Saudi Arabia. There are issues, especially around womens rights, but codifying and opening up these 'courts' could potentially prevent or expose abuses.

Now, to lay my cards on the table - I'm cautious about the idea. But I will not knee-jerk, I will not deliberately misunderstand and I will not hate-monger.

That Goebbels speech makes interesting reading. Seems he was terribly afraid of (Jewish) communists considering he's supposed to be a communist, or a socialist, or anything lefty.
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Bigjake

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #80 on: February 10, 2008, 12:32:23 PM »
Quote
I think we're confused about what each other is saying here.

yeah, enough that I'm not going to retread through all of this. 

You posted a quote about Bolshevism and used it out of context, and I called you on it.  If you add 
Quote
He was talking about Jews, the "masterminds" of Bolshevism.  So no, he wasn't right.
, It changes the effect of the point you were trying to make.

De Selby

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #81 on: February 10, 2008, 02:21:26 PM »
Quote
I think we're confused about what each other is saying here.

yeah, enough that I'm not going to retread through all of this. 

You posted a quote about Bolshevism and used it out of context, and I called you on it.  If you add 
Quote
He was talking about Jews, the "masterminds" of Bolshevism.  So no, he wasn't right.
, It changes the effect of the point you were trying to make.

Again, it was not out of context-read the speech, I linked it to you.  He claimed Bolshevism was the product of a Jewish plot that arose from a culture "incompatible with Western civilization" and that "could not be reasoned or negotiated with". 

The point I was making was that Manedwolf's rhetoric is identical in form-claiming that the Muslims are "incompatible with western freedoms" and that "any concession is weakness", and then concluding that we need to toughen up an "address the Muslim problem" in the West.  That is exactly what Goebbels said about Jews.
"Human existence being an hallucination containing in itself the secondary hallucinations of day and night (the latter an insanitary condition of the atmosphere due to accretions of black air) it ill becomes any man of sense to be concerned at the illusory approach of the supreme hallucination known as death."

Bigjake

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #82 on: February 10, 2008, 06:47:11 PM »
Quote
Again, it was not out of context-read the speech, I linked it to you.  He claimed Bolshevism was the product of a Jewish plot that arose from a culture "incompatible with Western civilization" and that "could not be reasoned or negotiated with".   

Lets agree to disagree then,  I read your original quote, and should've assumed it was based against Jews, but didn't.  You clearly knew what you were playing at, so we'll let it be.  After reading the whole thing, I understand what you meant.  Don't take that as agreement with your position, I just now get what you were trying to convey.

Perd Hapley

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #83 on: February 10, 2008, 11:30:53 PM »
But, shootinstudent, you can't compare people to NAZIs.  It matters not how much they might actually resemble NAZIs.  You're simply not allowed.   smiley    rolleyes


Not that I'm buying the comparison, or rejecting.  I just find Godwin's Law to be frequently over-applied. 

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Iain

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #84 on: February 11, 2008, 02:09:24 AM »
I'm not done with this thread.

http://www.archbishopofcanterbury.org/1575 - The text of the speech that Rowan Williams gave. If you are literate you can read it, if you are subtle you might understand it. It is intellectual, it is nuanced and it carefully weighs and considers attendant issues.

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...it would presumably have to be under the rubric that no 'supplementary' jurisdiction could have the power to deny access to the rights granted to other citizens or to punish its members for claiming those rights.  This is in effect to mirror what a minority might themselves be requesting...
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A significant number of contemporary Islamic jurists and scholars would say that the Qur'anic pronouncements on apostasy which have been regarded as the ground for extreme penalties reflect a situation in which abandoning Islam was equivalent to adopting an active stance of violent hostility to the community, so that extreme penalties could be compared to provisions in other jurisdictions for punishing spies or traitors in wartime; but that this cannot be regarded as bearing on the conditions now existing in the world.  Of course such a reading is wholly unacceptable to 'primitivists' in Islam, for whom this would be an example of a rationalising strategy,..
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So the second objection to an increased legal recognition of communal religious identities can be met if we are prepared to think about the basic ground rules that might organise the relationship between jurisdictions, making sure that we do not collude with unexamined systems that have oppressive effect or allow shared public liberties to be decisively taken away by a supplementary jurisdiction.
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Earlier on, I proposed that the criterion for recognising and collaborating with communal religious discipline should be connected with whether a communal jurisdiction actively interfered with liberties guaranteed by the wider society in such a way as definitively to block access to the exercise of those liberties; clearly the refusal of a religious believer to act upon the legal recognition of a right is not, given the plural character of society, a denial to anyone inside or outside the community of access to that right.
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I labour the point because what at first seems to be a somewhat narrow point about how Islamic law and Islamic identity should or might be regarded in our legal system in fact opens up a very wide range of current issues, and requires some general thinking about the character of law.
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In conclusion, it seems that if we are to think intelligently about the relations between Islam and British law, we need a fair amount of 'deconstruction' of crude oppositions and mythologies, whether of the nature of sharia or the nature of the Enlightenment.  But as I have hinted, I do not believe this can be done without some thinking also about the very nature of law.  It is always easy to take refuge in some form of positivism; and what I have called legal universalism, when divorced from a serious theoretical (and, I would argue, religious) underpinning, can turn into a positivism as sterile as any other variety.  If the paradoxical idea which I have sketched is true – that universal law and universal right are a way of recognising what is least fathomable and controllable in the human subject – theology still waits for us around the corner of these debates, however hard our culture may try to keep it out.  And, as you can imagine, I am not going to complain about that.

If you are going to take issue with Williams you are going to have to do it on the level he is at. The only major criticism that can be made of the Archbishop is that some of that is well out of reach of many people. A more substantial criticism is that this hasn't stopped many of them reacting to (appalling) media coverage.

The most damning criticism should be aimed at those who are capable of understanding the above and will still misrepresent the issue, deliberately.
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roo_ster

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #85 on: February 11, 2008, 06:26:50 AM »
Ahh, yet another leftist who makes claims of subtlety, nuance, & intellectualism.  Hey, now that's a claim unique in the history of man.

How quaint.  Another post-Christian leftist in a pulpit.

The more the buffoon speaks, the more he condemns himself and his diseased remnant of a once-relevant denomination.

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roo_ster

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Sergeant Bob

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #86 on: February 11, 2008, 06:51:44 AM »
This is reminding me of the threads on the "Veteran Disarmament Act".
Personally, I do not understand how a bunch of people demanding a bigger govt can call themselves anarchist.
I meet lots of folks like this, claim to be anarchist but really they're just liberals with pierced genitals. - gunsmith

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Iain

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #87 on: February 11, 2008, 12:57:10 PM »
Still not done, although nothing worth responding to has been added.

Instead I shall contribute something from the slightly more sensible comment that has appeared amongst a sea of trash

http://business.timesonline.co.uk/tol/business/law/article3334760.ece

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Sharia or Islamic law cannot trump the fundamental principles of English law even if the Archbishop of Canterbury wants to adopt some of its aspects, lawyers say.

Muslims can already decide to have disputes settled according to Sharia in private arbitration, but they cannot ignore or abandon the basic human rights and responsibilities entrenched in the laws of this country, the lawyers said. They also gave warning that moves towards recognising aspects of Sharia could lead to a dual legal system.

But the Archbishop of Canterbury’s remarks could pave the way to recognition of Sharia Councils, local groups set up to advise Muslims on matrimonial and other problems and mediate, in the way that the Beth Din, the Jewish Court, arbitrates certain disputes between Orthodox Jews.
Doesn't start so well, it should be obvious (although it apparently isn't) that it could not trump British law. Said it before - no stonings. Private arbitration already exists, but this is apparently slightly different to what Orthodox Jews have in the Beth Din.
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David Pannick, QC, one of Britain’s top human rights and public law barristers, said: “If the Archibishop of Canterbury means that Muslims can choose to have certain disputes settled according to their own law, by binding arbitration [what some call a Sharia court], then they can do this now, in the same way that some Jewish people have their disputes settled in the Beth Din.

“But such transfer of jurisdiction is subject to public policy considerations. That means that the fundamental standards of fairness, of human rights which underpin our laws cannot be abrogated. They can’t just be ditched, whether a person is male, female, black or white. If the Archibishop is saying this, then that is fundamentally wrong.”
As you can see from the text of his speech, he didn't say that. In fact he explicitly warned against it:
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ABC says:So the second objection to an increased legal recognition of communal religious identities can be met if we are prepared to think about the basic ground rules that might organise the relationship between jurisdictions, making sure that we do not collude with unexamined systems that have oppressive effect or allow shared public liberties to be decisively taken away by a supplementary jurisdiction.
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Ian Edge, director of the Centre of Islamic and Middle East Law (CIMEL), said that he would want to study what the Archbishop had said before commenting. But in general, there was a debate to be had over whether — for instance — Sharia Councils should be recognised.

“At present these are not formalised and not even recognised by some Muslims. But if they were unified as is the Beth Din, the Jewish Court, then there may be an argument for recognising that they can resolve certain disputes within the Islamic community.”

He added that there was also a strong case for giving recognising as valid a Muslim marriage ceremony, without requiring a civil Register Office ceremony to take place.

“Muslims are disadvantaged in this respect in a way that Anglicans, Quakers, Jews, Catholics, are not,“ he said.
And here we get to the crux of the issue, if muslims were given the right to have a religious ceremony without a civil ceremony - that would only bring them into line with christian denominations and Jews.
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Jeremy Rosenblatt, a barrister specialising in international child law, said: “If the Archbishop is merely talking about giving some recognition to Sharia marriage or divorce — but excluding the allowing of multiple wives — then that is one thing.”

The Jewish “get”, the orthodox divorce, was incoporated into the law in this country in the sense that if a husband refused to grant it to his wife then she could refuse him a decree absolute, he said. “But if we are talking about recognising aspects of Shaira that allow for multiple wives, for example, that is very concerning.”
So there are things we are comfortable with, and there are things we are uncomfortable with. That's fine, that is where the debate is, and that is a debate that Rowan Williams tried to contribute to before he was misunderstood and deliberately misrepresented.

In a blog I read some have tried to jump on comments from the "Islamic Medical Association" of the UK about how female doctors should not expose their forearms to wash as it is immodest. The Telegraph picked it up, said that a couple of medical students had refused to wash, and the usual 'mad muslims' began.

Trouble is no-one bother to investigate this IMA. Turns out it is run out of a house, has one spokesman, speaking for himself. In turn, the medical schools rightly refused to tolerate any such nonsense, nor have refusers been widespread or supported by muslim doctors.

Someone is searching hard for a stick to beat the muslim populations of the west with. It looks deeply sinister to me.
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wooderson

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #88 on: February 11, 2008, 03:55:17 PM »
Quote
subtlety, nuance, & intellectualism.

While not as catchy as "rock'n'roll, dope and f-ing in the streets," and perhaps a little less idealistic than "Liberty, Equality, Fraternity" - I think I could join a political party which took this as a motto.
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roo_ster

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #89 on: February 12, 2008, 07:17:56 AM »
Quote
subtlety, nuance, & intellectualism.

While not as catchy as "rock'n'roll, dope and f-ing in the streets," and perhaps a little less idealistic than "Liberty, Equality, Fraternity" - I think I could join a political party which took this as a motto.

My use of the terms was sardonic.  A common reaction on the left when they say something that gets others all wound up is to claim that folks did not understand the nuance of their exposition, when the reality is that their words were understood quite well.







Regards,

roo_ster

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roo_ster

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #90 on: February 12, 2008, 07:34:46 AM »
Well, it is not just know-nothings & islamophobes that have a problem with Williams' words.  The former AB of Canterbury has a thing or two to say on the matter:
http://archbishop-cranmer.blogspot.com/2008/02/archbishop-of-canterbury-sharia-law-in.html

[The following is his blog posting, though I did not stuff it in a quote box to avoid nesting quote boxes]

Cranmer has reflected much on this statement by the present incumbent of the See of Canterbury, and the media furore which has ensued (indeed, all over the world). As he was writing this article, his original headline echoed the words of Oliver Cromwell to the Rump Parliament: In the name of God, go!, for that was his feeling on the matter, and Cranmer has for a very long time been quite patient with his successor. The man has become a liability: Roman Catholics are dismissive, Non-conformists bemused, Anglicans are incensed, Downing Street incandescent, and the Bishop of Rochester completely silent.

And yet Dr Williams did not advocate Sharia law; he said quite distinctly that aspects of it might be incorporated into British law. He said other religions enjoyed tolerance of their own laws, and called for constructive accommodation with Muslim practice in areas such as marital disputes. But he stressed that it could never be allowed to take precedence over an individual's rights as a citizen. This is an important distinction.

Asked if the adoption of Shari'a law was necessary for community cohesion, Dr Williams said that certain conditions of Sharia are already recognised in our society and under our law, so it is not as if we are bringing in an alien and rival system.

It is this statement which exposes the barefaced hypocrisy of the present government, for New Labour has already permitted Sharia principles to be applied to Muslims and not to other British citizens. While the Prime Ministers spokesman insisted that British law would be based on British values, he admitted that concessions had already been made in specific instances, such as a relaxation of the law on stamp duty to avoid it being paid twice when Sharia-compliant mortgages were used. And husbands with multiple wives have been given permission to claim extra welfare benefits following a year-long review, and this will lead inexorably to different pension rights and exemption from death duties. Once the Government recognised and legitimised polygamy, it is only a matter of time before legislative creep demands further accommodating exemptions.

And yet the Archbishops naivety is astonishing. He treats Radio 4 as if it were an Oxford theological college, and assumes that his audience is made up of academics with the ability to dissect and analyse words with his professorial precision.

Sharia may be a complex and convoluted legal system, but it means only one thing in the UK: oppression, barbarism and injustice. This judgement may in itself be unjust, but the word is alien and, like jihad, has taken on its own meaning. Sharia law is in fact profoundly complex, and varies in interpretation and application from Islamic community to Islamic community. In one place, one may be publicly flogged merely for being in the presence of a member of the opposite sex, in another, one may be hanged. And it is the women and children who are executed, since the word of the man outweighs all others. Shari'a covers religious rituals, behaviour, dress codes, grooming and diet, and also legislates in matters of finance, trade, marriage and family  in short, it is a religio-political system for the whole of life. While the Archbishop may have been referring to the first of these  the private realm  it is the application of Sharia in the latter  the public realm  which is utterly unacceptable in a modern, democratic and free society.

Either Dr Williams knew what he was saying, or how his words would be interpreted, which would be an abdication of his authority, or he was simply utterly na?ve, in which case he should be removed from Canterbury. That the Archbishop has not been clear, and that he has permitted his words to be taken to imply his support for the application of Sharia in the public realm, is a grievous error of judgement, and for this reason alone he ought to consider his position. It is politically unacceptable that the words of the leader of the Established Church should embolden those who advocate a parallel system of law for any group. He has given succour to those who would establish an Islamic theocracy in the UK, and has hastened the day when 'Mary's Dowry' becomes another room in Mohammed's Dar al-Islam.

And Cranmer is not here talking of occasional exemptions. To those who insist that the UK should not tolerate any such exemptions from the law for different faith groups, you might consider that Sikhs are already exempt from having to wear crash helmets, and Sikhs also uniquely enjoy the right to carry a knife (kirpan) in public. And how many of Cranmers communicants were in agreement with him that Roman Catholic adoption agencies ought to be exempt from equality legislation? And there are also Jewish and Roman Catholic matrimonial tribunals, but these are not empowered to pass judgement which are binding in the civil courts. The rabbinical granting of a divorce or a canonical annulment are not civil dissolutions of marriage: the civil courts must ultimately grant the decree. But Sharia law does not make any such distinction, for it refuses to recognise the civil authority.

Sharia was judged in 2003 by the European Court of Human Rights to be antithetical to the foundations of democracy (and the principles of the Enlightenment) because its rulings on inheritance, women's rights and religious freedom violated human rights as established in the European Convention on Human Rights.

But what a pity the Archbishop didnt hit the headlines over the abortion holocaust, or over poverty and deprivation, or over the incessant erosion of our ancient and hard-won liberties. Instead of proposing the introduction of Sharia law to Britain, why did Dr Williams not speak out on behalf of Sayed Pervez Kambaksh, the 23-year-old Afghan student journalist sentenced to death for downloading anti-Islamic material from the internet?

Article XXVI of the XXXIX Articles of the Church of England talks 'Of the unworthiness of the Ministers, which hinders not the effect of the Sacraments':

Although in the visible Church the evil be ever mingled with the good, and sometime the evil have chief authority in the ministration of the word and sacraments; yet forasmuch as they do not the same in their own name, but in Christ's, and do minister by His commission and authority, we may use their ministry both in hearing the word of God and in the receiving of the sacraments. Neither is the effect of Christ's ordinance taken away by their wickedness, nor the grace of God's gifts diminished from such as by faith and rightly do receive the sacraments ministered unto them, which be effectual because of Christ's institution and promise, although they be ministered by evil men.

Nevertheless it appertaineth to the discipline of the Church that inquiry be made of evil ministers, and that they be accused by those that have knowledge of their offences; and finally, being found guilty by just judgement, be deposed.'


For those who judge Dr Williams to be 'evil', therein lies the mechanism for the removal of the Archbishop of Canterbury, and yet it is undeniable that he does not speak for the Church of England on this matter. And in a curious kind of way, Cranmer is most grateful to him for raising this subject, for how else will the British people ever wake up to what is unfolding before their very eyes? While His Holiness has had a few things to say on the matter, Cardinal Cormac Murphy-O'Connor has been decidedly trappist. And one wonders why the Archbishop has not consulted the thousands of British Muslims who would find the whole concept of a British Shari'a utterly repugnant. Indeed, many came here to escape its oppressive injustices. These British Muslims are quite content with liberal democracy, and it is this which must be defended at all costs against the politicians and prelates who would seek to destroy it.

God forbid that Britain should ever return to the days when religious leaders should determine guilt or innocence, or legislate on matters of crime and punishment. For some of us, those memories are all too acute and dreadfully painful.


===============








Regards,

roo_ster

“Fallacies do not cease to be fallacies because they become fashions.”
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roo_ster

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #91 on: February 12, 2008, 07:47:54 AM »
It is uncomfortably true that this introduces into our thinking about law what some would see as a 'market' element, a competition for loyalty as Shachar admits.  But if what we want socially is a pattern of relations in which a plurality of divers and overlapping affiliations work for a common good, and in which groups of serious and profound conviction are not systematically faced with the stark alternatives of cultural loyalty or state loyalty, it seems unavoidable.

"It seems unavoidable" if you are not willing to defend the bastions of Western civilization and decency against the savage hordes who seek its destruction.

"It seems unavoidable," is the rationalization of the cultural suicide and of the moral cripple who can not summon the intestinal fortitude to look cultures in the face and make value judgments.

If one of the sharia-loving barbarians does not want to face "...stark alternatives of cultural loyalty or state loyalty...," the simplest answer is to go back to their country of origin

Also, Williams gets it wrong: it is not really a matter of culture vs state, it is culture vs culture, as the state is a function/derivative of the culture. 

Williams and other fools who advocate a multi-cultural society (vs multi-ethnic) fail to note that such societies only last with an oppressive central government that use force to keep the cultures in its bounds from breaking out into violent conflict.

Well-educated, nuanced, subtle, intellectual fools.
Regards,

roo_ster

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Iain

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #92 on: February 12, 2008, 08:19:54 AM »
...claim that folks did not understand the nuance of their exposition, when the reality is that their words were understood quite well.

That might apply to you, I'm not entirely convinced. But every single person who thought that Williams was advocating stonings, or a parallel legal system simply spectacularly missed his point, deliberately or not.

Quote
And yet Dr Williams did not advocate Shari’a law; he said quite distinctly that ‘aspects’ of it might be incorporated into British law. He said other religions enjoyed tolerance of their own laws, and called for ‘constructive accommodation’ with Muslim practice in areas such as marital disputes. But he stressed that it could never be allowed to take precedence over an individual's rights as a citizen. This is an important distinction.

Asked if the adoption of Shari'a law was necessary for community cohesion, Dr Williams said that certain conditions of Shari’a ‘are already recognised in our society and under our law, so it is not as if we are bringing in an alien and rival system’.
from your blog post.

I feel I should point out that Cranmer, if he is writing a blog, is only doing so through the very serious sin of employing a medium. He died in 1556, which I'm sure you knew, you meant Carey who is the only living former ABC. So we actually know nothing about whether Cranmer is an islamophobe*

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It is politically unacceptable that the words of the leader of the Established Church should embolden those who advocate a parallel system of law for any group. He has given succour to those who would establish an Islamic theocracy in the UK,

Maybe that is true, but again those who he might have emboldened constitute a tiny percentage of the British muslim population as Cranmer tacitly concedes later on . If he did 'embolden' that is hardly a serious matter, and his only sin is to have engaged in the debate in the position that he holds. He has been politically naive:
Quote
I cannot defend Dr Williams either. He is in effect the chief executive of the Church of England, which is the state-established church of his country. As Archbishop of Canterbury he is not quite the counterpart of the Pope (Queen Elizabeth II is technically the supreme head of the church), but almost. The issue is not whether his remarks were sensible and reasonable (which they were), but about whether he can do the demanding job of holding this figurehead position, and manage the appearances and the politics, without causing his church to fall apart in social and political discord.

The cruel fact is that by provoking this huge row he has shown that he is unsuitable. (For the second time. Remember, he also took a position on homosexuality — one that I mostly agree with — that has caused a worldwide rift in Anglicanism as all the conservative African churches recoiled in horror. Bad move.) I hate to say it, but the people who say he lacks the leadership skills for his job are basically right.
http://itre.cis.upenn.edu/~myl/languagelog/archives/005376.html#more

I can't disagree.

Back to the blog of the deceased:

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The rabbinical granting of a divorce or a canonical annulment are not civil dissolutions of marriage: the civil courts must ultimately grant the decree. But Shari’a law does not make any such distinction, for it refuses to recognise the civil authority.

But it would have to if it were to function under British law. The debate is about whether this is the true nature of sharia (and I'm not convinced that, living or dead, Cranmer is an expert) and how any future integration of aspects of sharia, only pertaining to civil matters, could be worked, within the boundaries of British law and human rights. The latter is a special interest of Williams.

It is theoretical, and Williams was turgid, and he has been misunderstand and distorted. That is partly his fault, and he has publicly accepted that, but it is not all is fault.

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The Beth Din system of tribunals for settling certain matters in the Jewish community is already operating in various parts of the country. And more generally, if two parties want to settle a matter out of court by having a religious or cultural authority figure make the necessary judgment, it is hard to see how the legal system of a free society could deny them that right. In the USA people go to paralegal mediators to work out divorce matters and to various TV programs for minor financial and family disputes. The accommodation necessary to allow that some people want to go to a rabbi or a mullah for decisions on such matters that they will agree to regard as binding is virtually no accommodation at all.

Dr Williams was merely musing about the beneficial effects such developments might have on legal and theological aspects of our culture. He was not saying that a thousand years of British law was going to be swept away and replaced by sharia in Muslim-dominated British cities, with councils of mullahs in the back streets of Leicester and Bradford determining sentences of stoning or flogging or cutting off of hands for criminal offenses that the population had elected to keep out of the hands of the secular legal system.
http://itre.cis.upenn.edu/~myl/languagelog/archives/005376.html#more

This is only about muslims. Had Williams talked about Jewish law, or Sikh arbitration, there would have been no media response, or more accurately, no response that we didn't recognise for what it is.

Were it not about muslims I'm sure the media would be getting their usual bollocking around here, which brings me neatly to:

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Bash the Bishop! This is The Sun's considered, intelligent and erudite judgement upon the Archbishop of Canterbury. It encapsulates everything that is wrong with the country's crass, superficial, unintelligent 24-hour media, in which everything has to be reduced to a 'soundbite' for the masses to passively absorb.

And here is the Daily Mail's astounding contribution to the debate, under the heading: 'Which of these men poses the bigger threat to Britain's way of life?'

And presently, the idiotic readership (or rather the readership who have bothered to vote) record 37% for Abu Hamza and 63% for the Archbishop of Canterbury. This is tabloid rabble rousing and mob mentality at its worst.

And yet, like it or not, this is the postmodern vernacular, and it is incumbent upon all Christians to communicate the gospel in season and out of season in terms which people can comprehend. It was not for nothing that the Early Church wrestled with communicating Hebrew theology and the incarnation of a Jewish Messiah to a Greek audience who understood nothing of Hebrew linguistic nuances or Jewish beliefs.

If only Dr Williams had spoken of 'sharia shame', or given them a headline like 'shirk off sharia', he would have been exalted as a great leader. But this, to him, would be supping with the devil. Much better to be theologically and politically authentic and true to one's convictions than to scratch itching ears. That is, after all, the stuff of which prophets are made, and the Lord told us that they are never accepted in their home town...

Strangely enough - http://archbishop-cranmer.blogspot.com/2008/02/bash-bishop.html

That's hardly a serious charge to lay at a mans soul. It is probably a disqualification for high office in any church, but that says more about the state of the church, and the public "debate", than it does about Rowan Williams.
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CAnnoneer

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #93 on: February 12, 2008, 11:45:35 AM »
Iain, you have adopted this strategy of dismissing everybody who disagrees with you as knee-jerking, misinformed, brainwashed, uneducated, or obtuse, no matter if we are talking about global warming or cultural issues. Is there a subject on which you might be wrong? Also, what exactly gives you the implied intellectual highground?  laugh

Feel free to continue on the ego trip. It is amusing in a twisted sort of way.  cool

keeleon

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #94 on: February 12, 2008, 12:38:05 PM »
OK, this has been bugging me and was only lightly addressed, but I am trying to figure out what exactly is going on here.  A few things first:  I know nothing about Muslims other than what my TV tells me, and I am willing to believe they aren't all bomb happy lunatics.  I know nothing about British law and very little about US law.

My question is, why does this even have to be addressed?

Let's say I am a Muslim man, and I have a dispute over rent with my landlord.  We both agree that we would rather go to a mosque and have (whoever) make the decision over what is fair for us.  Why does the Govt. have to be involved with that at all?  If we both agree to the (whoever's) decision, then that is the end of it.  If I am told to pay and I refuse to, is that where the problem lies, in the punishment?  Because the (whoever) can't "legally" garnish my wages, or put me in prison, or execute me?  If I refused to pay however, wouldn't that then mean that I decided against following the "Sharia" law, and then it would default to the "British" law?  And that would be the same as not agreeing in the first place.  It is no different then if my landlord and I decide to do whatever "Dr. Laura" says about our deal, as long as we both agree and follow through.  Hell, I don't even think it's illegal to imprison someone or chop off their hand with their permission.

As far as multiple wives goes, what is it that they want that the current law couldn't give them?  If they are only worried about the sharia law, then why would they care if the govt recognized their multiple marriages?  All that does is give you a tax write-off, and make death arbitration easier.  There is nothing illegal with living with and sleeping with multiple women as far as I know.  And, if you want your assets divided evenly, then write a freaking will, that states, you want arbitration under sharia law.

I just don't get why there has to be any change at all.  Can't they just do whatever they want as long as it is legal under British law?  Or is it that they want to be able to legally execute people for sitting in the wrong section at Starbucks, and various other things that are currently illegal?

Iain

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #95 on: February 12, 2008, 01:13:02 PM »
keeleon - I don't know, but that is the debate the Williams wants to have. Precisely what, how and how much of a change it would be. He wasn't making proposals, it seems from the reaction of sections of the muslim community that neither were they.

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And yet Dr Williams did not advocate Shari’a law; he said quite distinctly that ‘aspects’ of it might be incorporated into British law. He said other religions enjoyed tolerance of their own laws, and called for ‘constructive accommodation’ with Muslim practice in areas such as marital disputes. But he stressed that it could never be allowed to take precedence over an individual's rights as a citizen. This is an important distinction.

If there is an inequity there as Williams suggests, then there is a possible need to consider how it might addressed whilst preserving human rights and acting in accordance with British law. That is as tentative as the paper seems to have been.
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De Selby

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #96 on: February 12, 2008, 06:16:04 PM »
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  We both agree that we would rather go to a mosque and have (whoever) make the decision over what is fair for us.  Why does the Govt. have to be involved with that at all?  If we both agree to the (whoever's) decision, then that is the end of it.

Because it forces people to stick to their contracts-you can make a contract with anyone for anything you want, but unless a court will enforce it, the contract is meaningless.  That's how arbitration systems work-if you couldn't have a valid contract to arbitrate, everyone who lost an arbitration would just go to court, thus defeating the whole point of agreeing to arbitrate in the first place.

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And, if you want your assets divided evenly, then write a freaking will, that states, you want arbitration under sharia law.

You can't just do this-Courts don't enforce wills, agreements, or anything else just because they are written.  A court needs legal authority to enforce such things, and that is what the system would be if the Archbishop's broad idea were instituted.

"Human existence being an hallucination containing in itself the secondary hallucinations of day and night (the latter an insanitary condition of the atmosphere due to accretions of black air) it ill becomes any man of sense to be concerned at the illusory approach of the supreme hallucination known as death."

keeleon

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #97 on: February 12, 2008, 06:47:53 PM »
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Because it forces people to stick to their contracts-you can make a contract with anyone for anything you want, but unless a court will enforce it, the contract is meaningless.  That's how arbitration systems work-if you couldn't have a valid contract to arbitrate, everyone who lost an arbitration would just go to court, thus defeating the whole point of agreeing to arbitrate in the first place.

Exactly my point, if they weren't going to honor the sharia's "decision" as though it were their law, then at THAT point you take it to the "official" court because they have shown that they don't want to be bound by sharia law.  I wouldn't want to be bound by that law, no matter how much the muslim I was dealing with felt that's how it would have to be.  If a muslim wants to be an asshat and renege on agreeing to go by the arbitration of sharia, then that is between him and the person he had a disagreement with.  Of course if he does then he most likely gets outcast from the "inner circle" or whatever, and probably gets a (n illegal) death warrant on his head.


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You can't just do this-Courts don't enforce wills, agreements, or anything else just because they are written.  A court needs legal authority to enforce such things, and that is what the system would be if the Archbishop's broad idea were instituted.

Umm, I'm pretty sure that courts actually enforce enforce wills and contracts.  That is why there are wills and contracts.  So that the courts have something based on their laws to look at and decide what needs to be done.  The paperwork would have to be filled out in compliance with the "british law", but if it was, they would have to follow it.  If the muslims don't like filling out their paperwork properly, then tough toenails, I say.

This is all assuming that the changes would be optional, since it only really matters if they apply to everyone.

De Selby

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #98 on: February 12, 2008, 09:20:37 PM »
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Exactly my point, if they weren't going to honor the sharia's "decision" as though it were their law, then at THAT point you take it to the "official" court because they have shown that they don't want to be bound by sharia law.

Uh, no-you are confusing the issue here.  One who never made a contract to have disputes arbitrated under the alternative law would never be held to it.  It is a contract issue, not a "sharia vs. other law" issue. 

The question is: Can you sign a contract personally to have a specific dispute arbitrated under the law of your choosing, and then expect that contract to be considered legally binding?

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  If a muslim wants to be an asshat and renege on agreeing to go by the arbitration of sharia, then that is between him and the person he had a disagreement with. 

Again, which means that people are able to break a contract they signed with full information.  Do you think that's fair?
Or do you not believe in permitting people to freely contract between themselves?


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Umm, I'm pretty sure that courts actually enforce enforce wills and contracts. 

Not without legal grounds for doing so, they don't.  Wills and contracts get invalidated all the time for failure to comply with some statutory requirement, or because there just plain isn't a legal basis for enforcing the particular type of contract provision or will. 

If a court enforced all contracts, a contract to apply sharia to a particular dispute would have to be honored, wouldn't it?  Do you think that enforcing contracts is a good thing?  That's the premise behind this whole thing.

You are talking apples and oranges here.  The question presented by the British Cleric here is: "Should Muslims be able to enter into cotnracts with each other so that they can arbitrate disputes according to a system that is agreed upon in advance?"

Jews can do this, so can Christians.  And so can business people, who submit contract disputes to arbitration with pre-selected laws (frequently not British law-they can select any law they want to apply from anywhere in the world in arbitration subject to certain limitations on the judgments) all the time. 

But this is an issue for Muslims, because there is media bias and frothing at the mouth any time the word "sharia" is ever mentioned. 

Iain, I believe you are correct in noting that if this same reaction were applied to Judaism, we would all rightly call it what it is.  And what it is....is something bad for all peoples.
"Human existence being an hallucination containing in itself the secondary hallucinations of day and night (the latter an insanitary condition of the atmosphere due to accretions of black air) it ill becomes any man of sense to be concerned at the illusory approach of the supreme hallucination known as death."

keeleon

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Re: Archbishop of Canterbury suggests Islamic Law in the UK...
« Reply #99 on: February 13, 2008, 05:56:00 AM »
I think I might have been a bit confusing before.  I see your point, and I do think that any contract that is written between two people, as long as they both agree on it's contents should be binding.  If that is the issue, then I suppose there is really nothing wrong with the things they are suggesting.  However, I don't really get how this is a "muslim" issue because if the issue is contract enforcement, then it should apply to everyone. 

If I sign a contract with my friend that if I default on owed money, he gets to kick me in the balls as payment, and I decide against, I think he should be able to take me to small claims court and hae them enforce the contract.  Of course, I can't see a sane person signing THAT contract, unless they are part of some crazy organization, so if your sharia requires you to agree to be beheaded if you look at a man wrong, then that really is your problem.  The question doesn't seem to me to be about whether muslim's rights are protected, but about whether private agreements between conflicting people's can be resolved the way they were agreed to be resolved originally.

In my first example I did mean that the first man makes a contract under "sharia law", and then decides to renege on it.  He has at that point given up the "right" to private arbitration, and then the contract would have to go to the public court system to be ruled on.  Which means, you can hav all of your "culturally correct" stuff in there, but also make sure you follow the law of the land as well.