Sharia Law is More
Generous than Common Law
.Carl Thomas Op-ed of July 10, amounts to making mountain of a mole hill.
Hyper boles of 'subjugation',' death sentence' are misplaced
distortions par excellence.
Simply put, the facts are that in marital contracts and financial
transactions, Lord Phillip says, Sharia can be applied, if compliant to
English law .If not, English Law will prevail. Main determinant then being
English law, where is the logic of subjugation/death sentence,
Fact: under puberty, betrothal is possible with consent of guardian/parents,
but it will be not be effective till puberty. Then marriage can be
consummated. In case of divorce, she
has to wait for 3 months.
Fact: In Sharia, divorce is the most
despicable act- If
unavoidable, divorce is permissible in pregnancy, even after
pregnancy, it is not permissible to say " I divorce you ,3 times in one
sitting but at intervals but in 3 stages-to allow deliberation and
Fact: Time is allowed for reconciliation by counselors, one of each side,
once, twice three times during intervals and If both parties remain
non reconciled, divorce is final., verbal or in writing.
Fact. even after final divorce, it is revocable, after she marries
another man-a deterrent for hasty divorce.
In essence, Sharia allows divorce in extreme circumstances,
when all alternatives have been explored. The divorce rate is much, much
smaller in Muslim countries than in the West.
Fact: After divorce, husband is responsible for ex- wife
maintenance for 3 months and when a child is born, for 24 months
during nursing. On her remarriage, she has custody of
child/children, with alimony being paid till they are able to
Fact: It is not correct that wife has no right of divorce. In case, she can
afford, she has the right of
divorce-"Khula"- without going to Islamic judge by
paying some property, monetary compensation or waiving dower If she cannot
afford, the Islamic court can "...fisq" i.e., annul the marriage-
Fact: Daughter getting half of sons' inheritance, is equitable as
she is maintained by her husband while the son has
to maintain his family.
It is noteworthy that Archbishop of Canterbury had made statement earlier
in a Masjid that the Muslim Community can follow Sharia Law if
compliant with English Law.
Fact: Mutual agreement between parties is provided
in English law, allowing jurisdiction to Sharia Council of Great Britain,
as permitted in the U.S.A to resort to Islamic Arbitration Courts in
Personal Law matters by mutual accord..
Finally. It was in 623 C.E preceding the Magma Carta by some 6
centuries, that the Charter of Medina-the First ever Written
Constitution in the world was signed by Prophet Muhammed (PBUH). It
allowed the minorities- Pagans, Jews and Christian- full autonomy to have
recourse to their own Courts to decide according to their personal law,
as has been the practice during 14 Centuries of Muslim Era till the
downfall of Ottoman Empire in 1924.
Viewed thus, the Sharia Law is more generous than Common Law.
Ambassador Syed A. Ahsani, President Institute of Medieval and Post
210 Parkmead CT,Arlington,TX ,76014