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§ The majority of the judges nevertheless determined that
"triple talaq" was actually "against the basic tenets of
the Holy Quran," and "what is bad in theology is bad in law as
well." According to the decision, the practice was in violation of Article
14 of India's constitution, which guarantees the right to equality.
§ In Britain, abusive practices against Muslim women are still
undertaken by Sharia Councils with impunity. In the West, the supposed dangers
of multiculturalism are still regarded as more important than human rights. All
Britain would need to do is enforce its own laws.
§ What supporters of this form of multiculturalism fail to realize
-- or refuse to acknowledge -- is that the very existence of Sharia-compliant
tribunals is not only a threat to modern justice, but necessarily abets the
abuse of Muslim women, lack of equality, and the total lack of equal justice
under law. In truth, justice is denied.
In a recent landmark ruling, India's
Supreme Court followed the lead of 22
Muslim countries -- including Pakistan and Bangladesh -- by outlawing the
Islamic practice according to which a husband is able to divorce his wife
instantly by uttering the word talaq (Arabic for "divorce")
three times -- including by text or voice mail. The decision was not unanimous.
A minority of the judges argued that banning "triple talaq"
would be a violation of the Indian constitution, which protects religious
freedom.
The majority of the judges nevertheless
determined that "triple talaq" was actually "against the
basic tenets of the Holy Quran," and "what is bad in theology is bad
in law as well." According to the decision, the practice was in violation
of Article 14 of India's constitution, which guarantees the right to equality.
The verdict was the result of a petition filed by five Muslim
women whose "triple talaq" divorces left them destitute, all
because of undue powers bestowed upon their husbands by radical clerics. The
verdict was an enormous relief to them, and other women like them across India.
Its broader message, however, needs to serve as a road map. And a warning. In
the West, the supposed dangers of multiculturalism are still regarded as more
important than human rights.
In Britain, abusive practices against
Muslim women are still undertaken by Sharia Councils with impunity. These
practices include "triple talaq," halala (a ritual
enabling a divorced Muslim woman to remarry her husband only by first wedding
someone else, consummating the union, and then being divorced by him) and iddah,
a mandatory waiting period
of three menstrual cycles before a divorced woman is allowed to remarry.
These Sharia Councils in the U.K. have
been running unofficial parallel justice systems
"everywhere in the country," performing weddings and decreeing
divorces according to the strictest interpretation of Islam.
In spite a liberal marriage contract
issued in 2008 by the Muslim Institute, guaranteeing equal rights to
British Muslim women (including the banning of forced marriages) -- which was
endorsed by the Muslim Council of Britain, the Islamic Sharia Council and other prominent
Islamic groups -- virtually nothing has changed. Britain's Forced Marriage Unit
reported 1,428 cases of
forced marriages in 2016 alone. All Britain would need to do is enforce its own
laws.
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Haitham
al-Haddad is a British Sharia Council judge, and sits on the board of
advisors for the Islamic Sharia Council. Regarding the handling of domestic
violence cases, he stated in an interview, "A man should not be
questioned why he hit his wife, because this is something between them. Leave
them alone. They can sort their matters among themselves." (Image
source: Channel 4 News video screenshot)
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The U.K. is not the only Western country
afflicted by and succumbing to such practices. In Australia, for instance, a
self-appointed arbitration group called Sharia Mediation has
been handling family disputes on issues covered by Australian law. In other
words, as in Britain, Australia has a parallel Islamic legal system
operating under its nose.
In the United States, as well, a body was
established in 2015 in Dallas, Texas to arbitrate disputes among
the area's growing Muslim population. Although this Islamic
"tribunal" is said to issue nonbinding decisions -- and is being
likened to Jewish rabbinical courts and Catholic tribunals -- its opponents
fear it will mimic Sharia courts in the Middle Eastern countries.
In Canada, the practice
has been going on for more than a decade. In 2004, the province of Ontario
authorized the use of Sharia arbitration in matters of "property,
marriage, divorce, custody and inheritance." The law enabling this -- the
Arbitration Act -- was passed in 1991, to ease the "overloaded court
system."
What supporters of this form of
multiculturalism fail to realize -- or refuse to acknowledge -- is that the
very existence of Sharia-compliant tribunals is not only a threat to modern
justice, but necessarily abets the abuse of Muslim women, lack of equality, and
the total lack of equal justice under law.
It is crucial for Western democracies to
outlaw archaic practices that rob women and others of their rights, and to
cease enabling these laws in the name of "religious freedom." In
truth, justice is denied. India just took a stand in the right direction.
Britain, Australia, the U.S. and Canada can and should follow.
Khadija Khan is a Pakistani journalist
and commentator, currently based in Germany.