Welshman Dr Williams, 57, spent 24 years as an academic at Oxford and Cambridge before being appointed Bishop of Monmouth in 1992, then the 104th Archbishop of Canterbury in 2002, is now under fire after his intellectual observation on the need of implementing Shariah for Muslims in Britain.
Three months ago he gave an interview to a Muslim magazine called Emel in which he compared Muslims in Britain to the Good Samaritans, and praised the Muslim ritual of praying five times a day, but attacked “Christian Zionists” and claimed “the United States wields its power in a way that is worse than Britain during its imperial heyday”.
He also angered victims of 9/11 by saying that Al Qaeda terrorists “can have serious moral goals” and arguing that the 9/11 terrorists should not be called evil.
Dr Williams said it “seems inevitable” that elements of Islamic law, such as divorce proceedings, would be incorporated into British law.
Dr Williams backs adopting parts of Islamic Sharia law
Dr Williams said the UK had to “face up to the fact” that some citizens do not relate to the British legal system, and argued that officially sanctioning Sharia law would improve community relations. “Nobody in their right mind would want to see in this country the kind of inhumanity that has sometimes been associated with the practice of the law in some Islamic states,” he told the BBC’s World at One programme.
“But there are ways of looking at marital disputes, for example, which provide an alternative to the divorce courts as we understand them.”
Dr Williams said the argument that “there’s one law (British which initially based on Christian law) for everybody” was “a bit of a danger” and called for “a constructive accommodation” with some aspects of Muslim law.
He said the Church of England was allowed to operate its own courts, as were Orthodox Jews, and the anti-abortion views of Roman Catholics and other Christians were taken account of within the law.
“We already have in this country a number of situations in which the internal law of religious communities is recognised by the law of the land as justifying conscientious objections in certain circumstances,” Dr Williams said. He continued: “It would be quite wrong to say that we could ever license a system of law for some community which gave people no right of appeal, no way of exercising the rights that are guaranteed to them as citizens in general.
But Dr Williams said people needed to look at Islamic law “with a clear eye and not imagine, either, that we know exactly what we mean by Sharia and just associate it with… Saudi Arabia, or whatever….
“I do not think we should instantly spring to the conclusion that the whole of that world of jurisprudence and practice is somehow monstrously incompatible with human rights just because it doesn’t immediately fit with how we understand it,” he added. Sharia law was originally more enlightened in its attitude to women than other legal systems, Dr Williams pointed out, but did now have to be brought up to date. “But you have to translate that into a setting where that whole area of the rights and liberties of women has moved on,” he said. “The principle and the vision which animates the whole Islamic legal provision needs broadening because of that.”
Responding to comments by one of his senior bishops that Islamic extremism was creating communities with “no go areas” for non-Muslims, he said it was “not at all the case that we have absolute social exclusion. But we do have a lot of social suspicion, a lot of distance and we just have to go on working at how that shared citizenship comes through”. The Bishop of Rochester, the Rt Rev Dr Michael Nazir-Ali, said last month that non-Muslims faced a hostile reception in places dominated by the ideology of Islamic radicals. He has since faced death threats. Dr Williams said the use of the phrase “no go areas” had sparked controversy because it reminded people of Northern Ireland. “I don’t think that was at all what was intended; I think it was meant to point to the silo problem, the sense of communities not communicating with each other,” he said. “Many Muslims would say that they feel bits of British society are no-go areas for them.” Dr Williams’s comments were welcomed by Mohammed Shafiq, the director of the Ramadhan Foundation, who said: “Sharia law for civil matters is something which has been introduced in some western countries with much success.”
Despite the rows, as a Muslim, I am struggling to understand how an intellectual Christian leader supported the Shariah as being better for women than the British law appearing to have benefited women from wealth split (in most cases the woman gets the house) and monthly allowance (alimony). There must be something he learned in the Quran before stating such opinions. Not to be partial, preventing my own misinterpretation here is a quote from another website detailing what God said in the Quran about divorce (slightly wider than divorce proceedings) which specifically mentioned by the Archbishop as being unavoidable:
From a reading of the Quran we learn that God does not favour divorces and in fact encourages the continuation of marriage. God has imposed prohibitions on certain category in marriage. However for those who comes to know of these prohibitions afterwards are commanded not to break existing marriages – see 4:22-23.
Divorce must be resorted to only in exceptional circumstances. The laws relating to divorce together with the relevant verses from the Quran are given below:
Appoint an arbitrator
[4:35] If a couple fears separation, you shall appoint an arbitrator from his family and an arbitrator from her family; if they decide to reconcile, GOD will help them get together. GOD is Omniscient, Cognizant.
Wait 4 months cooling off before divorce
[2:226-227] Those who intend to divorce their wives shall wait four months (cooling off); if they change their minds and reconcile, then GOD is Forgiver, Merciful. If they go through with the divorce, then GOD is Hearer, Knower.
If the estranged couple chooses separation they must go through with it equitably. There must be two equitable witnesses witness the divorce before GOD
[65:2] Once the interim is fulfilled, you may reconcile with them equitably, or go through with the separation equitably. You shall have two equitable witnesses witness the divorce before GOD. This is to enlighten those who believe in GOD and the Last Day. Anyone who reverences GOD, He will create an exit for him.
Divorced women to observe an interim period
[2:228] The divorced women shall wait three menstruations (before marrying another man). It is not lawful for them to conceal what GOD creates in their wombs, if they believe in GOD and the Last Day. (In case of pregnancy,) the husband’s wishes shall supersede the wife’s wishes, if he wants to remarry her. The women have rights, as well as obligations, equitably. Thus, the man’s wishes prevail (in case of pregnancy). GOD is Almighty, Most Wise.
[65:4-5] As for the women who have reached menopause, if you have any doubts, their interim shall be three months. As for those who do not menstruate, and discover that they are pregnant, their interim ends upon giving birth. Anyone who reverences GOD, He makes everything easy for him. This is GOD’s command that He sends down to you. Anyone who reverences GOD, He remits his sins, and rewards him generously.
Exception for observing interim period
[33:49] O you who believe, if you married believing women, then divorced them before having intercourse with them, they do not owe you any waiting interim (before marrying another man). You shall compensate them equitably, and let them go amicably.
After the fulfilment of the interim the divorced women is free to do whatever she wants
Although the following verse is in context of widows, it appears to be applicable to a divorcees too.
You Shall Observe the Pre-Marriage Interims
[2:234] Those who die and leave wives, their widows shall wait four months and ten days (before they remarry). Once they fulfill their interim, you commit no error by letting them do whatever righteous matters they wish to do. GOD is fully Cognizant of everything you do.
[2:235] You commit no sin by announcing your engagement to the women, or keeping it secret. GOD knows that you will think about them. Do not meet them secretly, unless you have something righteous to discuss. Do not consummate the marriage until their interim is fulfilled. You should know that GOD knows your innermost thoughts, and observe Him. You should know that GOD is Forgiver, Clement.
Divorced women have to be provided for.
This is probably one of the abused laws in the Quran. But God holds us responsible for our innermost thoughts. If one observes God’s laws then God makes it easy for him / her.
[65:7] The rich husband shall provide support in accordance with his means, and the poor shall provide according to the means that GOD bestowed upon him. GOD does not impose on any soul more than He has given it. GOD will provide ease after difficulty.
Alimony For Widows and Divorcees
[2:240] Those who die and leave wives, a will shall provide their wives with support for a year, provided they stay within the same household. If they leave, you commit no sin by letting them do whatever they wish, so long as righteousness is maintained. GOD is Almighty, Most Wise.
[2:241] The divorcees also shall be provided for, equitably. This is a duty upon the righteous.
Compensation when marriage is not consummated
Breaking the Engagement
[2:236] You commit no error by divorcing the women before touching them, or before setting the dowry for them. In this case, you shall compensate them – the rich as he can afford and the poor as he can afford – an equitable compensation. This is a duty upon the righteous.
[2:237] If you divorce them before touching them, but after you had set the dowry for them, the compensation shall be half the dowry, unless they voluntarily forfeit their rights, or the party responsible for causing the divorce chooses to forfeit the dowry. To forfeit is closer to righteousness. You shall maintain the amicable relations among you. GOD is Seer of everything you do.
Divorced women entitled to stay in the same house she stayed before divorce
Do Not Throw the Divorcees Out Onto the Streets
[2:231] If you divorce the women, once they fulfill their interim (three menstruations), you shall allow them to live in the same home amicably, or let them leave amicably. Do not force them to stay against their will, as a revenge. Anyone who does this wrongs his own soul. Do not take GOD’s revelations in vain. Remember GOD’s blessings upon you, and that He sent down to you the scripture and wisdom to enlighten you. You shall observe GOD, and know that GOD is aware of all things.
[65:6] You shall allow them to live in the same home in which they lived with you, and do not make life so miserable for them that they leave on their own. If they are pregnant, you shall spend on them until they give birth. If they nurse the infant, you shall pay them for this service. You shall maintain the amicable relations among you. If you disagree, you may hire another woman to nurse the child.
Divorce can be retracted
In other words, if the couple reconciles after the first divorce and wish to be husband and wife again, they can re-marry. This is allowed for two divorce only. If the couple divorces third time they have to observe God’s commandment in 2:230 (quoted below.) God makes it not-so-easy for the couple to divorce. This law serves as a deterrent for those who want a divorce for the third time and they would be very careful to take this step.
[2:229] Divorce may be retracted twice. The divorced woman shall be allowed to live in the same home amicably, or leave it amicably. It is not lawful for the husband to take back anything he had given her. However, the couple may fear that they may transgress GOD’s law. If there is fear that they may transgress GOD’s law, they commit no error if the wife willingly gives back whatever she chooses. These are GOD’s laws; do not transgress them. Those who transgress GOD’s laws are the unjust.
[2:232] If you divorce the women, once they fulfil their interim, do not prevent them from remarrying their husbands, if they reconcile amicably. This shall be heeded by those among you who believe in GOD and the Last Day. This is purer for you, and more righteous. GOD knows, while you do not know.
[2:230] If he divorces her (for the third time), it is unlawful for him to remarry her, unless she marries another man, then he divorces her. The first husband can then remarry her, so long as they observe GOD’s laws. These are GOD’s laws; He explains them for people who know.
Also note the words “It is not lawful for the husband to take back anything he had given her.” in 2:229.
In case there is a baby during the interim: If during the observation of the interim period it is discovered that the divorced women is pregnant then as stated in 65:4 the interim ends upon giving birth. God has decreed the following law dealing with the infant:
[2:233] Divorced mothers shall nurse their infants two fullyears, if the father so wishes. The father shall provide the mother’s food and clothing equitably. No one shall be burdened beyond his ability. No other shall be harmed on account of her infant, nor shall the father be harmed because of his infant. (If the father dies), his inheritor shall assume these responsibilities. If the infant’s parents mutually agree to part, after due consultation, they commit no error by doing so. You commit no error by hiring nursing mothers, so long as you pay them equitably. You shall observe GOD, and know that GOD is Seer of everything you do.
Conditions where a woman can divorce her husband.
Whichever party chooses for divorce must obey the laws as aforesaid. Normally divorce is mutually decided by the couple. If the aforesaid laws are observed, there could be a situation where either of the spouse may not give their consent but if the arbitrators from both the families decide that divorce is the best solution for the estranged couple then they would, nevertheless go through divorce. The divorce laws are applicable to both man and woman (4:35 and 2:237 indicate this) except that there are certain additional laws which a divorced woman has to observe.
The following seem to be the only conditions where a believing women leaves her husband without observing the above laws. In fact, I think in this case even a formal divorce is not required under Quran. However if the law of the land requires a formal divorce then one must follow suit.
[60:10] O you who believe, when believing women (abandon the enemy and) ask for asylum with you, you shall test them. GOD is fully aware of their belief. Once you establish that they are believers, you shall not return them to the disbelievers. They are not lawful to remain married to them, nor shall the disbelievers be allowed to marry them. Give back the dowries that the disbelievers have paid. You commit no error by marrying them, so long as you pay them their due dowries. Do not keep disbelieving wives (if they wish to join the enemy). You may ask them for the dowry you had paid, and they may ask for what they paid. This is GOD’s rule; He rules among you. GOD is Omniscient, Most Wise.
As an ending to this writing, I believe there will be more and more intellectuals who cannot hide their supports towards God’s teaching revealed in the Qur’an. Islamic economics, banking and finance will be the next field which can amaze related experts about God’s existence and His true guidance in the Qur’an. The problem is that there are millions Muslims out there who don’t even believe in the trueness of Qur’anic teaching, especially in the implementation of shariah. Most of them think that shariah is too strict, if not brutal and barbaric. They forget that crime deterrent is much more effective than any crime prevention. In China, a corruptor will definitely be given capital punishment. In Indonesia or even in Saudi Arabia, many corruptors still live peacefully. Is it a tragedy or this is just one of sign of the coming of the promised doomsday.
