UK: Sharia courts contravening UK law, oppressing women

Here is yet more evidence that the opponents of anti-Sharia laws in the U.S., who maintain that there is no incompatibility between Sharia and the U.S. Constitution, are lying. "Sex and Sharia: Muslim women punished for failed marriages," by Charlotte Rachael Proudman in the Independent, April 2 (thanks to David):

Today I received another telephone call from a young Muslim woman, Nasrin, who pleaded with me to help her obtain an Islamic divorce. After fleeing a forced marriage characterised by rape and physical violence, Nasrin applied for an Islamic divorce from a Sharia council; that was almost 10 years ago now. Despite countless emails, letters and telephone calls to the Sharia council as well as joint mediation and reconciliation meetings, the Sharia council refuse to provide Nasrin with an Islamic divorce. Why? Because of Nasrin’s sex. An Imam at the Sharia council told Nasrin that her gender prevents her from unilaterally divorcing her husband, instead the Imam told her to return to her husband, perform her wifely duties and maintain the abusive marriage that she was forced into.

Having represented Muslim women pro bono at Sharia law bodies across the UK to obtain Islamic divorces, I am all too aware of the gender discriminatory experience many Muslim women suffer at some Sharia councils and Muslim Arbitration Tribunals (‘Sharia law bodies’). Unfortunately their experiences have not been highlighted by the media. Instead some Sharia law bodies have been misrepresented by the media as being transparent, voluntary and operating in accordance with human rights and equality legislation. This is not the case.

Many Sharia law bodies rule on a range of disputes from domestic violence to child residence all of which should be dealt with by UK courts of law. Having observed Sharia law bodies ruling on legal disputes it is all too apparent that they operate within a misogynist and patriarchal framework which is incompatible with UK legislation. For instance, the cost of an Islamic divorce is £400 for a woman compared to £200 for a man at the Islamic Sharia Council in East London; this is an example of blatant gender discrimination which is incompatible with the Equality Act 2010....

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When society welcomes evil into their midst they should not be surprised when evil begins to rule. Islam and sharia law is demonic and those who push its agenda are doing the work of Satan/Allah. The tragedy is that people get hurt and society will be destroyed. The UK (and the rest of the world) is beginning the slide into the abyss.

I wonder how much of a favour Charlotte Proudman is doing to these women by representing them at the sharia council? She might help them more by reminding them that a sharia court has no legislative jurisdiction in Britain, that the secular divorce is final under British law, and that the secular family court is the best way to sort out their children's rights, their finances and their future safety.

If any other Brit has a problem with a spiritual body, e.g., "The Catholic Church won't recognise my divorce," the law doesn't get involved. It takes the attitude: "You chose to be a Catholic - that's for you to sort out with your church." The person has the choice of (1) giving up being a Catholic or (2) accepting that her church perceives her as still married, and that this annoyance is worth the spiritual benefits of being a Catholic.

I understand why a Muslim woman in this position needs counselling. But does it help her to see the secular authority figures playing along with the fantasy that the sharia court has any rights over her?

The law could certainly ask big questions about why the sharia body charges money to issue its spiritual fatwas. Other religious bodies give spiritual counsel for free, or as part of a salaried job. And they give the counsel on the understanding that it is purely advice on what God probably wants, and not any kind of binding contract.

My sentiment exactly.

I too agree. This sharia 'court' madness has gone on long enough. That imam should be deported. His damned 'ruling' is a enormous purple-polkadotted hate crime if ever there was one.
These fatwas are not just an assault on individual Muslim women or even Muslims as a group though! It's an assault on free western classical civilization wherein the great national constitutions of today rest upon the Common Law, the Magna Carta, a massive body of case laws stretching back into the fog of history, the early church councils, Greece, Rome and right back to the Ten Commandments. This entire evolution, the eons worth of man-hours that have been spent getting us to where we are, forfeited. Traded for the vain imaginings of some pathetic desert rabble who have just jumped off the boat, barking allahu akbar. In England?!?!?! :'(

Why does she have to bother with sharia court anyway? Go for the UK court system and be done with it. The only problem I can see is if the secular court decides to kick it back to the religious court. That could happen in the UK, since it wants to be so "PC"....

because this woman still has not grasped that sharia laws are there to opress her. instead she is trying to find releif from the same system. there is also the fact that she could be threatened or banished by her family or both which is part of islam. I feel for her at the same time I think she is pathtetic.
M

I think you have a misconception about the views of non-Muslim critics of anti-Sharia legislation. Their view is not that there is no incompatibility between shari'a and the Constitution. Rather, it is that all of the most offensive aspects of shari'a ARE incompatible with the Constitution, as a result of which anti-shari'a legislation is unnecessary. For example, discrimination against non-Muslims violates the 1st amendment and punishments like amputation violate the 8th amendment.

I am sorry but what you have not grassped here is that Islam is supramicist and expasionist. while you are right that sharia laws are incompatible with our constitution, it is the stilth Jihad who is creeping here. so sharia laws being banned is of utmost importance.
M

Revealed by Allah, communicated to Muhammad, interpreted by the Ulama and applied by Sharia courts... the Law of the Devil.
http://crossmuslims.blogspot.com/2011/01/sharia-law-vs-english-law-pdf.html

Where there are Sharia courts, women will be seen as apostate to go to a non-Muslim court system and would be under death threats. The only resource available to her is to go to a domestic violence network, where she can go to a confidential shelter (outside of her Muslim community), get counseling to get her will back, relocate, and never look back. Normally, domestic violence abuse victims have to hide from the abuser, who actively hunts for her, sometimes with the help of his family and inadvertently by her family and friends. A Muslim woman would have to hide from the entire Muslim community and possible the ummah (Muslim world). Imagine having your picture in all the mosques as an apostate. We need to make enforcement of Sharia law a crime of sedition and have zero tolerance for it.

UK: Sharia courts contravening UK law, oppressing women

Today I received another telephone call from a young Muslim woman, Nasrin, who pleaded with me to help her obtain an Islamic divorce. After fleeing a forced marriage characterised by rape and physical violence, Nasrin applied for an Islamic divorce from a Sharia council; that was almost 10 years ago now. Despite countless emails, letters and telephone calls to the Sharia council as well as joint mediation and reconciliation meetings, the Sharia council refuse to provide Nasrin with an Islamic divorce. Why? Because of Nasrin’s sex. An Imam at the Sharia council told Nasrin that her gender prevents her from unilaterally divorcing her husband, instead the Imam told her to return to her husband, perform her wifely duties and maintain the abusive marriage that she was forced into.
.............................................

When Muslims laud the ease of divorce in Islam, and compare it favorably to the frequently slow and expensive process in the West, they are referring *only* to divorce for men, which can be as simple as the "Triple Talaaq": "I divorce you! I divoce you! I divorce you!".

For women, it is far more complicated. they must get the sanction of a Shari'ah judge.

And as Nasrin's case shows, that permission often isn't granted at all.

And this is especially egregious in Nasrin's case. This Shari'ah judge is not just sending her back into an unhappy marriage—bad enough—but back to *beatings and marital rape*. And this is hardly uncommon.

How soon before we get the first "honor killing" case in Britain where the wife was sent back into an abusive situation by the Shari'ah Court? It *will* happen, if it hasn't already.

And how much of the blame will lie with the foolish British authorities, who insist on believing that brutal Shari'ah is compatible with civilized British law?

lorfalcon, I doubt it's that bad yet (although I agree you're right to prepare for the worst in future).

The secular court doesn't officially know what religion its plaintiffs have or whether they have ever brought their case before any religious body. If a woman comes before the family court stating, "I want a divorce on grounds of my husband's unreasonable behaviour," and she can produce evidence, such as a doctor's certificate, her divorce will be granted.

The people who will "send her back to the sharia court" are her own family and neighbours. They will do their best to keep her out of the secular court, to persuade her that the secular judgment is not binding on a Muslim, to take away her children and property regardless of the court order, etc. And they will tell her that if she doesn't do as the imam orders, she will go to Hell.

That is what Mohammed did to his wives when they complained about his adultery. He offered to divorce them all, to be rich in this world and go to Hell thereafter, or to keep them on with all the hardships entailed and go to Paradise thereafter. Only one wife chose divorce. She then fell into such extreme poverty (apparently the Muslim community was not interested in caring for its poor) that she only staved off starvation by working as a gongwoman. She remarried, but her second husband went mad. She constantly lamented how miserable she was. And the community at Medina considered this fate a just punishment for the woman who had rejected their Prophet.

I am not convinced that this story is literally true; the point is that modern Muslims believe it and take Awful Warning from it.

Bill Poser wrote:

I think you have a misconception about the views of non-Muslim critics of anti-Sharia legislation. Their view is not that there is no incompatibility between shari'a and the Constitution. Rather, it is that all of the most offensive aspects of shari'a ARE incompatible with the Constitution, as a result of which anti-shari'a legislation is unnecessary. For example, discrimination against non-Muslims violates the 1st amendment and punishments like amputation violate the 8th amendment.
.........................................

With all respect, Bill, I believe you are correct in only a small minority of cases. While some few Westerners know how horrific Shari'ah can be—amputations, crucifixion, and stonings—many more genuinely believe that most Shari'ah is perfectly civilized.

How is this possible, given all evidence to the contrary? Well, many Westerners subscribe to the idea of full multiculturalism, and simply cannot allow themselves to believe that so many people subscribe to an unjust and barbaric system of laws—they want to believe that everyone is, basically, just like us.

And that means that their laws are just like ours, as well. Apparently these people are completely oblivious to how hard-won our civilized system of laws in the West is, and how dependent on both our Judeo-Christian heritage and our rational philosophies.

They also lead themselves to believe that the gaudier aspects of Shari'ah such as stonings are complete aberrations, rather than sanctioned through the Qur'an, Hadith, and Sira.

As for your assertion that these same people believe that Islamic discrimination against non-Muslims will not be an issue in the United States because such things are barred under American laws such as the First Amendment, I would respectfully counter that I very much doubt most Infidels have the slightest idea that Shari'ah condones and institutionalizes such discrimination.

I spoke with an acquaintance who is a brilliant lawyer and legal scholar—one of the most intelligent people I know. Unbelievably, he *didn't want to learn any details about Shari'ah*—even to attempt to refute them. This learned man did everything but stick his fingers in his ears and chant "La la la, I can't hear you!". I believe at base that he realized that there was something quite disturbing about Shari'ah, but couldn't face the implications of his finding out just what those things might be. If he knew, he might have to realize something about the ugliness of Islam, and he wasn't ready to even consider facing such a thing.

And would that this Western lawyer was an uncommon specimen—instead, I believe he is *all too common* in his willful ignorance.

Taking your basic premise, don't you believe that Nasrin and all those like her would be protected by civilized British law? Of course, she should be.

But all too many Brits are just like my lawyer friend—unwilling to take a hard look at Shari'ah, lest they become too alarmed by what they find...

As for the Bill of Rights protecting us against Shari'ah, here's what can happen if Americans are in sufficient denial of what Shari'ah entails:

"Constitutional Law 101: Federal Court Rules That Discrimination Against Muslims Violates the First Amendment"

http://www.aclu.org/blog/religion-belief/constitutional-law-101-federal-court-rules-discrimination-against-muslims

Then there's the appalling Imam Feisal Abdul Rauf, who has infamously asserted that "the American political structure is Sharia compliant". Many clueless Westerners were all to happy to agree...

I hadn't considered that possibility, but there's another one. Perhaps she wants to re-marry another muslim male? If she has male children, then perhaps a muslim divorce would grant the proper inheritance for those boys? I don't know. A divorce is a divorce, and they're really NOT allowed under any religion, but they are accepted so that people can be free.

Meh. While she may think that IF she gets a divorce from an imam she'll go to Heaven, her "prophet" was pretty clear in that he told his followers he didn't see very many muslim women in Heaven. She's doomed either way since her prophet has condemned her to failure.

lorfalcon, if that is the case, Nasrin needs a very different type of legal advice. (I have my doubts about Nasrin being a single human being. I suspect she is a composite. And many of Ms Proudman's clients would certainly wish to remarry.)

If Nasrin doesn't receive an Islamic divorce, then she can't participate in an Islamic wedding. So if she marries her new man in a secular register office, the Muslim community will perceive her as an adulteress. When that happens, she will definitely need protection from sharia fatwas.

I don't think she would need any kind of fatwa to secure the inheritance of her existing children. The fact that she was once Islamically married to their father would be sufficient to for them to inherit according to formula. The problem with inheritance is more likely to concern any future children from her new marriage. Since the Muslim community will deem them illegitimate, they will not be allowed to inherit from their father (because he is not legally their father) but only from their mother (i.e., nothing).

Although most religions discourage/forbid divorce, Islam is the exception. Despite the boast that Mohammed disliked the practice and never divorced a wife against her will, divorce is never forbidden under Islam. On the contrary, the Qur'an regulates divorce in detail ("how to divorce a prepubescent non-virgin..." etc.), which indicates that Mohammed was actually rather in favour of allowing it. He had no personal need for divorce because there was no limit on the number of wives he was allowed or on the length of time he could ignore a wife who had fallen from favour. But he was smart enough to know that a total ban on divorce would have been altogether too harsh for those poor disciples (on whose swords he relied) who were only allowed four wives each at any one time.

So why doesn't she go to a solicitor and apply for a divorce in English law, she would then be divorced from her husband and she could claim half the property I think they enjoy the publicity they might be able to claim something from the state

Denying Sharia law would be like forsaking not only her family and but all of her community ties as those courageous women who did break away from the grip of this death cult can attest. It is the painful decision each woman must make if she were to claim personal dignity and freedom. Once the decision is made, we can give her the logistic support.

She's going to have to come to that forgone conclusion anyway. She's been forsaken and denied liberty for 10 years. I doubt that her family has supported her through this. If they have then even they must want her to get on with life because she's probably a lost cause to them.

How much of an identity can a muslim woman have in any regard? They are worth half a man according to sharia. They need an underground railroad just to get away from those woman-hating males.

Maybe the right thing to do is to meet the Sharia courts halfway.

Since, in the Sharia court's eye, a woman is equal to 1/2 a man, require the woman to say "I divorce you" six times instead of the conventional 3 times required for men."

The Muslims claim they created algebra so the above should appeal to their mathematically and scientifically oriented minds.

On reflection, this won't work.

The women's rights groups will step in and demand this change be abandoned as it is an obvious objectification of women to the point of making them appear to have less worth than a man.

They will demand things go back to the original treatment where, as everyone knows, women under Sharia were treated better than women in the West are in our male dominated courts.

Thank Allah for women's rights groups in the West. Only they would be able to stop my misguided bid'ah.


In the West, there have been unhappy Muslim women who have seized the opportunity that Western law permits, to seek freedom from an abusive spouse.

They go to the Infidel police and get Restraining Orders issued, just as a kafir woman would do; they go to an Infidel lawyer, and file for a divorce under secular, civil law.

And in two cases that I know of - there are probably more - they are then 'honor' murdered by their furious spouses.

Geraldine Brooks recounts one such case toward the end of her book on women in Islam, 'Nine Parts of Desire'. A Sudanese Muslim woman was married - very young, and in the usual nonconsensual fashion - to an older, Sudanese Muslim man. They went to the UK. There, after a time, the wife woke up to the fact that if she was miserable, and not being treated right, she didn't *have* to stay in the marriage. She began divorce proceedings. Her husband murdered her.

There has been a very similar case going to trial in Australia.

An Iranian Muslim man and his wife migrated to Australia. The husband was extremely violent, over-controlling, abusive toward the wife and the children. Eventually the wife left him, took out a restraining order, and began divorce proceedings (all of this under secular Australian law; she was too sensible to mess around with any imams or sheikhs).

Her husband stabbed her to death, in front of a conference hall full of people where she had gone to join in celebration of the Persian New Year.

Phyllis Chesler in one of her articles about honor murders states that the victims seem to fall into two categories - nubile girls who are murdered by their fathers or other male kin; and somewhat older women who are murdered by their husbands, and that in the latter case, when the murder happens within the west, one of the major 'triggers' is the wife's decision to seek a divorce (usually by means of Western law).

That horrid case of the Muslim in the USA who beheaded his wife fits that paradigm, as well. *She* had gone to western law and law enforcement to seek justice and to get help to free herself from an extremely abusive husband.

Any woman, not just a Muslim woman, who divorces her husband for violence should put herself right out of his orbit before setting the divorce in motion. If violence is the reason for the divorce, it is utterly predictable that he will hunt her down and kill her.

Many lawyers do in fact know this and take responsibility for warning the woman on how to divorce safely. Others, it appears, do not. It is utter insanity not to arrange for such a woman's re-accommodation.

The real issue is perhaps that domestic violence is not considered "real" violence even in "civilised" society. A man can be incarcerated for getting into a fight with a stranger in a pub, but almost never for years of abusing his wife or daughter.

Dumbledore's Army wrote:

Phyllis Chesler in one of her articles about honor murders states that the victims seem to fall into two categories - nubile girls who are murdered by their fathers or other male kin; and somewhat older women who are murdered by their husbands, and that in the latter case, when the murder happens within the west, one of the major 'triggers' is the wife's decision to seek a divorce (usually by means of Western law).
...............................

This last may well prove to be the case of the Muslim woman in murdered in El Cajon (a suburb of San Diego, California). The family tried to pass it off as a killing by some crazed "Islamophobe", but that story is fast unraveling.

And, yes—it turns out the victim was seeking a divorce from her husband, whom she had been sold to by her Iraqi Imam father at the *age of 14*.

This may also have elements of the former, as well, since it appears the 17-year-old daughter was being forced into marrying her cousin back in Dar-al-Islam—probably so he can be brought to the US, as well.

"Shaima Alawadi victim of honor killing, not 'Islamophobic hate crime'"

http://www.jihadwatch.org/2012/04/shaima-alawadi-victim-of-honor-killing-not-islamophobic-hate-crime.html

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