Oregon Magazine
      Cover



 
Beware of "Legal Pluralism"

Sharia law is spreading as authority wanes

(Segments from an Englilsh newspaper in the early winter of 2006)

Islamic sharia law is gaining an increasing foothold in parts of Britain, a report claims.  Sharia, derived from several sources including the Koran, is applied to varying degrees in predominantly Muslim countries but it has no binding status in Britain.  However, the BBC Radio 4 programme Law in Action produced evidence yesterday that it was being used by some Muslims as an alternative to English criminal law. Aydarus Yusuf, 29, a youth worker from Somalia, recalled a stabbing case that was decided by an unofficial Somali "court" sitting in Woolwich, south-east London.

Although Scotland Yard had no information about that case yesterday, a spokesman said it was common for the police not to proceed with assault cases if the victims decided not to press charges   However, the spokesman said cases of domestic violence, including rape, might go to trial regardless of the victim's wishes.

Mr Yusuf told the programme he felt more bound by the traditional law of his birth than by the laws of his adopted country. "Us Somalis, wherever we are in the world, we have our own law," he said. "It's not sharia, it's not religious — it's just a cultural thing."

Sharia's great strength was the effectiveness of its penalties, he said. Those who appeared before religious courts would avoid re-offending so as not to bring shame on their families.

Some lawyers welcomed the advance of what has become known as "legal pluralism."

Those of you who think that a nation can survive with alternate varieties of legal systems judging what takes place are unaware that the French language divides Canada into two often angry parts.

But, this is worse.  Multiple languages is merely Babel.  Multiple legal systems is suicide.

(LL)

© 2006 Oregon Magazine