Cautious Distrust
In my post about the Iraqi constitution, where I've been having a vigorous exchange with Mollpeartree, we've been going back and forth about what reliance on Islamic laws and Shariah courts in Iraqi life could bring. I fear the constitutional set up, with its vague references to undefined "appropriate judicial body" (which could easily be determined to be a Sharia court) and with exceptions to the various rights of, say, privacy "long as it does not violate the rights of others or general morality". I see those statements and see multiple red flags and loopholes that in the end do not reassure me that Iraqi citizens will enjoy the sorts of personal freedoms and civil rights implicit in our promise to "liberate" the citizenry; I am concerned that we have succeeded in delivering the people of Iraq from oppression by a crazyass dictator to a different kind of oppression by religious extremists.
We need look no further than our own government and the situation with Gitmo to see how creative definitions come into play: by labeling our prisoners as "enemy combatants" the US can claim the Geneva Convention doesn't apply or deny even US citizens constitutionally guarantees enumerated in the Fouth, Fifth, Sixth and Seventh Amendments. Loophole. Special circumstance. Exception. It can happen. It does happen.
So, why my mistrust of Sharia courts in particular? Am I just buying into a bunch of left-wing anti-Muslim bigotry? I don't think so. Take a look at the situation with the courts vs. the Sky Kingdom in Malaysia: people are joining this wacky religious cult in Malaysia; despite a constitution that guarantees freedom of religion, Muslims who renounce Islam to join the Sky Kingdom are being hauled before the Islamic courts and suffering harsh penalties, including two years in prison in solitary confinement for four particular unfortunates. Another time the commune was attacked by a Molotov cocktail-throwing mob. None of the attackers were ever tracked down or arrested; instead 30 women and a handful of Sky Kingdom children were arrested and detained by the state religious affairs department.
There are also the infamous cases of the Nigerian women Amina Lawal and Hajara Ibrahim sentenced to death by stoning, eventually (and after much international pressure) overturned on appeal. Or the rising demand (from the ever-weakening mullahs in India) that Indian Muslims resort to the mullahs, rather than to the courts, to settle their personal disputes and going so far as to call those who don't "anti-Islamic" and "agents of the enemies of Islam." Or the court in Saudi Arabia that sentenced a journalist to 275 lashes, ignoring a Royal Decree that forbids sharia courts from matters concerning the media and writers.
I'm sure these sharia courts make thousands of minor-league rulings every year, keeping in line with Islam and only rarely breaking out into things that grab international attention. But there are enough examples of extreme and distasteful actions that I cannot shake the cautious distrust I feel. If that makes me a godless worshipper of the flesh who has lost my moral and ethical anchorage I guess I'll just have to live with that.
We need look no further than our own government and the situation with Gitmo to see how creative definitions come into play: by labeling our prisoners as "enemy combatants" the US can claim the Geneva Convention doesn't apply or deny even US citizens constitutionally guarantees enumerated in the Fouth, Fifth, Sixth and Seventh Amendments. Loophole. Special circumstance. Exception. It can happen. It does happen.
So, why my mistrust of Sharia courts in particular? Am I just buying into a bunch of left-wing anti-Muslim bigotry? I don't think so. Take a look at the situation with the courts vs. the Sky Kingdom in Malaysia: people are joining this wacky religious cult in Malaysia; despite a constitution that guarantees freedom of religion, Muslims who renounce Islam to join the Sky Kingdom are being hauled before the Islamic courts and suffering harsh penalties, including two years in prison in solitary confinement for four particular unfortunates. Another time the commune was attacked by a Molotov cocktail-throwing mob. None of the attackers were ever tracked down or arrested; instead 30 women and a handful of Sky Kingdom children were arrested and detained by the state religious affairs department.
There are also the infamous cases of the Nigerian women Amina Lawal and Hajara Ibrahim sentenced to death by stoning, eventually (and after much international pressure) overturned on appeal. Or the rising demand (from the ever-weakening mullahs in India) that Indian Muslims resort to the mullahs, rather than to the courts, to settle their personal disputes and going so far as to call those who don't "anti-Islamic" and "agents of the enemies of Islam." Or the court in Saudi Arabia that sentenced a journalist to 275 lashes, ignoring a Royal Decree that forbids sharia courts from matters concerning the media and writers.
I'm sure these sharia courts make thousands of minor-league rulings every year, keeping in line with Islam and only rarely breaking out into things that grab international attention. But there are enough examples of extreme and distasteful actions that I cannot shake the cautious distrust I feel. If that makes me a godless worshipper of the flesh who has lost my moral and ethical anchorage I guess I'll just have to live with that.