Cantuar

It's not clear from the press what Dr Williams had in mind, but it won't be the sort of thing the mad dogs have been howling over. There is no way even he, with his knees on a hassock and head in the clouds, could seriously suggest applying sharia law to anyone who doesn't consent. So it couldn't apply in matrimonial cases (children to consider, even if women can be assumed to be giving free consent) or family inheritance cases (what about potential beneficiaries who don't consent to the sharia court?) let alone in criminal cases.

There may - just - be an argument for using a sharia court as an agreed arbitrator in contract cases, much as one might have the Royal Institution of Chartered Surveyors written into a contract as arbiter for development disputes. Consenting adults should be able to decide how to settle their disputes. However, this would be fair only between bargainers of equal bargaining power. And even then, just imagine the hoohah when someone appeals against the decision of such a sharia court because it's partial (judges related to plaintiff), incompetent (judges comatose) or capricious (judges didn't consider evidence), just to take three examples that might happen in any tribunal. In such a case, the appeal would lie to the civil courts in the usual way. "English Law Overrules Sharia!" "English Rules OK!" Just imagine. And heaven forfend that it's a Jewish judge in the Appeal Court.

The prelate espouses a misguided pluralism, to put it mildly. Nevertheless, it doesn't take too much imagination to foresee this as encouragement and sanction for enclaves of sharia law in the sort of place where young men like Abu Izzadeen can say to the Home Secretary: "How dare you come here, to a Muslim area, after you have arrested Muslims..." It's already happening informally. There are tribal areas in New Zealand which apply tribal law with the consent of the state, and I believe there are many other places around the world with such enclaves, where colonisers have exempted certain areas from application of their Law. Should it make any difference whether such enclaves are indigenous or immigrant? Personally, I deplore that sort of separation whatever its genesis, but then I'd do away with faith schools and the established church and -- don't get me started. Let's keep one law for all, please.


Update
Here's what he said.