Peter RogersArchbishop Has The Right Idea
February 18th 2008 04:27
February 18, 2008.
I'm sure by now you have all heard or read, at least to some extent, the controversy sparked up by the Archbishop of Canterbury's comments about how some parts of Sharia law should be implemented into the English legal system.
Even some of the most leftist intellectuals’ disagree with his comments, as images of Sharia law spread around the world via media scare mongering. You know the images that depict Sharia law and those that follow it, as being a brutal, harsh and inhumane legal system.
To fill in the gaps for those that missed his comments, the Archbishop considered the idea of accommodating Sharia law into some areas of the dispute resolution, in particular in the context of family law. This was obviously received with animosity both in the U.K., and here in Australia. I for one agree, at least to some extent, with the Archbishop, and my reasons for doing so are quite simple.
Firstly, as Ghena Krayen and Harsam Farache from the Sydney Morning Herald, alluded to in today's paper, Sharia law, in the context of family law, is already being used in the U.K and indeed here in Australia. In the family context, two people can use the law of Christianity, Judaism or any religion, and it is both legally binding and a valid contract. One can enter into a contract to abide by Sharia law if they so much wanted to, and many do just that. How many of us knew that? I for one surely didn't before reading their opinion piece.
Secondly, without the media shoving ideas and pictures down our throats, lets get one thing straight - there are a host of similarities’ between Sharia law and the Australian (and U.K./U.S.) legal system. Both courts share the same plaintiff and defendant system. Both systems have identical laws on child custody, and in fact, follow the same guidelines as the Family Law Act. The difference, at least in the Archbishop's comments, lies with the time a couple have to wait (1 year ) to officially file for a divorce. Yes, women who follow Sharia law can divorce their husband.
To truly exercise democracy, one must be able to exercise the Australian value of mutual respect first and ensure equity and justice is attainable for all. Krayen and Farache also point out that in terms of mistreating woman, it is not so much an issue of Islam, but more so a cultural issue. I can understand why some people can find the Archbishops comments offensive, but don't think for a minute that I agree in banning the Three Little Piggies from State libraries. No, this is not about political correctness, but more about choice and freedom, regardless of where a family might subside.
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