Britain Adopts Shari'a <http://www.chroniclesmagazine.org/?p=731>

*by Srdja Trifkovic*

_http://www.chroniclesmagazine.org/?p=731_

British papers are reporting 
<http://www.timesonline.co.uk/tol/news/uk/crime/article4749183.ece> that 
shari'a law has been officially adopted in Britain, with shari'a courts 
given powers to rule on Muslim civil cases, notably including wife 
beating 
<http://www.dailymail.co.uk/news/article-1055764/Islamic-sharia-courts-Britain-legally-binding.html>.
 
Gordon Brown's Labour government "has quietly sanctioned the powers for 
sharia judges to rule on cases ranging from divorce and financial 
disputes to those involving domestic violence." Particularly alarming is 
the fact that Islamic rulings are now enforceable with the full power of 
the judicial system, through the county courts or High Court. Previously 
such rulings could not be enforced by the British state.

Shari'a courts with these powers have been set up in London, Birmingham, 
Bradford and Manchester with the network's headquarters in Nuneaton, 
Warwickshire, with two more courts planned for Glasgow and Edinburgh. A 
visibly pleased Sheikh Faiz-ul-Aqtab Siddiqi 
<http://www.islamonline.net/english/news/2008-09/14/01.shtml>, whose 
Muslim Arbitration Tribunal runs the courts, explains that he had taken 
advantage of a clause in the British Arbitration Act of 1996, which 
classifies sharia courts as "arbitration tribunals" whose rulings are 
binding in law once both parties in a dispute agree to accept its 
authority.  It goes without saying that battered Muslim wives and 
disinherited Muslim daughters will "freely choose" the authority of 
shari'a courts rather than face various unpleasant and potentially fatal 
<http://news.bbc.co.uk/1/hi/england/1827623.stm> consequences of not 
conforming to the "community's" rules and preferences.

What this means in practice was evident 
<http://blogs.telegraph.co.uk/christopher_howse/blog/2008/09/14/criminal_sharia_judgments>
 
from a recent inheritance dispute in the Midlands, when the Nuneaton 
shari'a court divided the estate of a Muslim father between three 
daughters and two sons. The "judges" gave the sons twice as much as the 
daughters—perfectly in accordance with sharia, of course, but contrary 
to any regular British court, which would have given the daughters equal 
shares. In six cases of domestic violence quoted by Siddiqi, the 
"judges" ordered the husbands to take "anger management" classes and 
"mentoring from community elders" (such as imams and shari'a judges). In 
each case, the battered women subsequently withdrew the complaints and 
the police stopped their investigations. It should be noted that under 
normal British law those six cases could have been prosecuted as 
criminal, rather than "family" cases.

*UNDERSTANDING SHARI'A*—Muslim activists point out that allegedly 
simiral Jewish family courts (Bet Din) and Catholic marriage tribunals 
have existed in Britain for many years, but there is a major difference: 
such courts explicitly claim jurisdiction only over their believers, 
whereas according to orthodox Islamic teaching shari'a is the only 
legitimate law in the world, with universal jurisdiction over Muslims 
and non-Muslims alike. To a devout Muslim the incorporation of shari'a 
into British law is by no means the end of the affair. It is merely a 
major milestone on the road that cannot stop short of subjecting all 
Britons, regardless of faith, to the stricutres of Allah's commandment 
and Muhammad's example.

The Islamic law, the /Shari'a/, is not a supplement to the "secular" 
legal code, /it is the only such code/ and the only basis of obligation 
(Kuran 4:8). No mere human entity has the authority to enact laws: 
shari'a judges cannot do or enact anything contrary to the Kuran or 
Sunnah. The definition of what is just depends solely on Allah's will 
and Muhammad's acts, to which none of the usual moral criteria found 
among non-Muslims is applicable. "Just" and "unjust" are not regarded in 
Islam as intrinsic characteristics of human actions to be legally 
judged. A shari'a judgment requires extensive knowledge of the Kuran and 
the Hadith, of course, as well as of Islamic legal precedents. 
Nevertheless, the body of sources of the law is finite and only qiya, or 
analogical reasoning, can be applied in the judgment.

Contrary to the Christian concept of governmental legitimacy (Romans 
13:1), Islam condemns as rebellion against Allah's supremacy the 
submission to any other form of law (Kuran, 5:50). Muslims believe that 
Shari'a should be used as a standard test of validity of all positive 
laws. Christ recognized the realm of human government as legitimate when 
he said, "Render therefore to Caesar the things that are Caesar's, and 
to God the things that are God's" (Matthew 22:21). In Islam there is no 
such distinction between church and state.

Shari'a is not at all a "religious law" but a blend of political theory 
and penal law that relies for the punishment of violators on the sword 
of the state. To be legitimate, all political and legal power must rest 
with those who obey Allah's authority and his revealed will sent down 
through his prophet (Kuran 5:59). Shari'a applies to all humankind just 
as Kuran applies to all creation. Any law that is inconsistent with it 
is null and void, not only to the Muslims, but to all humanity. Jews, 
Christians, and pagans are subject to Shari'a, too, and from Muhammad's 
standpoint they cannot invoke the judgments and moral principles of 
prior revelations (4:60). Resort to any other source of authority is not 
only unjustified, it is satanic. The non-Muslims are to be judged by the 
laws of Islam in everything, "whether they like it or not, whether they 
come to us or not."

Shari'a stands above reason, conscience, or nature. Its lack of any 
pretense to moral basis is explicit: there is no "spirit of the law" in 
Islam, no discernment of the consequences of deeds. The revelation and 
tradition must not be questioned or any other standard of judgment—least 
of all any notion of "natural" justice inherent to men as such—can be 
invoked, let alone applied (5:45). Muhammad has stifled in his followers 
the proclivity to natural law, "this high and often ultrahuman motive 
enhanced by education and refinement" (C.S. Lewis). A shari'a judge, 
like any other good Muslim, knows that thing is right simply because 
Allah says so, or because the prophet has thus said or done. No other 
standard of good and evil can ever be invoked.

*BRITANNIA DELENDA*—The ruling elite in Great Britain is either ignorant 
of, or more likely indifferent to, the implications of shari'a's 
incorporation into the country's legal system. The pace of 
Islamification of Britain is impressive. Earlier this year Rowan 
Williams, the Archbishop of Canterbury, declared on BBC Radio 4 
<http://www.guardian.co.uk/politics/2008/feb/08/uk.religion>that the 
establishment of sharia "seems unavoidable" in Britain. Two months ago 
Britain's top judge ("the lord chief justice"), Lord Phillips, said that 
Muslims in Britain should be able to live under sharia 
<http://www.telegraph.co.uk/news/uknews/2242340/Muslims-in-Britain-should-be-able-to-live-under-Sharia-law,-says-top-judge.html>.
 
Theirs is the mature form of appeasement and surrender that has a long 
and inglorious history.

In the immediate aftermath of 9-11, then-Prime Minister "Tony" Blair 
said, "What happened in America was not the work of Islamic terrorists, 
it was not the work of Muslim terrorists." Speaking to Muslim "community 
leaders" he added: "It was the work of terrorists, pure and simple," who 
must not be honored "with any misguided religious justification," 
because they "contravened all the tenets of Islam" which "is a 
peace-loving, tolerant religion."

Echoing the Prime Minnister, two weeks after 9-11 former Home Office 
Minister John Denham made a pledge to cut 
<http://news.bbc.co.uk/2/hi/uk_news/politics/1570106.stm> out the 
"cancer of Islamophobia" allegedly infecting Britain, and declared that 
"the real Islam is a religion of peace, tolerance and understanding." He 
called on the media to avoid promoting "a distorted or caricatured or 
prejudiced" view of Muslims or the Islamic faith. Yet Dr. Richard Stone, 
chairman of the Commission on British Muslims and Islamophobia, 
responded by criticizing the government for not addressing "in a deep 
way" the anti-Muslim prejudice and for failing to address "institutional 
Islamophobia."

Exactly six months later, on July 7, 2005, London's turn came. The 
suicide bombers were four young British citizens, Muslim by religion, 
three of them Pakistani by parentage, born and bred in England and 
educated in state schools. Yet the deputy assistant commissioner of 
London's Metropolitan Police, Brian Paddick, said that the culprits 
"certainly were not Islamic terrorists, because Islam and terrorism 
simply don't go together." He repeated, almost word for word, Tony 
Blair's assurances given four years earlier. Blair himself declared it 
was hard to understand how those "born-and-bred Yorkshire lads" could 
turn on their fellow citizens. His reference to the morbid jihadist team 
as "lads"—an English term of endearment for the youthful male person, 
derived from Middle English /ladde/—was indicative of a seriously 
deranged mindset.

The adoption of shari'a is a logical outcome of the Blairite forma 
mentis, the size of Muslim immigration into Britain, and the dynamics of 
that growing community's symbiotic interaction with the elite consensus. 
That consensus had started emerging even before the Rushdie affair 
(1988) allowed Muslims in Britain to flex their muscles in open 
opposition to the law of the land.

A generation later mosques and Islamic centers have multiplied all over 
Britain and provide the backbone to terrorist support network. The 
British security services have largely followed their political masters 
into a state of denial regarding the threat. The courts, for their part, 
routinely interpret the criminal, asylum, and terrorism laws in the 
manner damaging to the security of the Realm and favorable to 
the Jihadist underground. That underground thrives in mosques, 
state-supported Islamic educational institutions and community centers.

The new and supposedly improved Tory Party hardly offers an alternative. 
After a string of electoral defeats, under David Cameron it has joined 
the multiculturalist bandwagon. He now believes in racial, ethnic, and 
gender-based quotas. His colleague, the Conservative Party chairman 
Francis Maude, says immigration had been "fantastically good" for the 
United Kingdom.

Such inanities are light years away from another British Prime Minister 
and a far truer Tory, Winston Churchill, who warned over a century ago 
that "no stronger retrograde force exists in the world" than Islam: "Far 
from being moribund, Mohammedanism is a militant and proselytizing 
faith. It has already spread throughout Central Africa, raising fearless 
warriors at every step; and were it not that Christianity is sheltered 
in the strong arms of science—the science against which it had vainly 
struggled—the civilization of modern Europe might fall, as fell the 
civilization of ancient Rome."

The science is still there, but the shelter has been eroded, perhaps 
fatally, in the realm of the soul. T.S. Eliot may yet be proven right in 
his warning that the West would end, "not with a bang but a whimper."



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