By Sohail Arshad, New Age Islam
5 Dec 2012
Recently Shariah Law again came into focus in the UK, for wrong reasons though. A British Court granted divorce to an Iranian born lady Aghdas Bidaki against her husband who had a temporary marriage (mutah nikah) with a British lady 20 years junior to him and has two children from her. The 62 year old millionaire property dealer Houshang Jaffri had refused to give divorce saying Shariah permitted him to have four permanent marriages and as many temporary marriages or mutah nikah as he wished. However, the Bristol Country Court adjudicated that his behaviour was unreasonable.
In another case a Muslim man refused to give anything to her divorced wife citing the Shariah in 2007.
The court refused to recognize the Shariah Law and judged that the man would have to part away with a huge chunk of his marital property and his pension worth one million dollars.
In another case, a Muslim woman sought a restraining order against her husband whom she alleged of torture and sexual assault. But the court adjudicated that he could not be held guilty of the crime because his Shariah laws gave him the right to demand sexual favours from his wife.
Such cases come to the British courts that deal with the Islamic Shariah.
These are three instances that show that the British judicial system has upheld or rejected the Shariah Law on merit of the cases. However, upholding or recognizing the Shariah law while adjudicating cases relating to the Muslims has been rare and in most of the cases the judges follow the British legal system. There has been a growing demand from Islamists for the implementation of Shariah Laws in the UK.
The organizations like Al Muhajiroun, Islam4uk, sharia4uk and Hizb-ut Tahrir have been campaigning for the implementation of the Shariah in the UK and in other European countries. The Hizbut Tehrir which is more active in mobilizing support for its supposed Islamic caliphate in Europe has eventually promoted Islamophobia in the Western countries as the image of the followers of Islam and Islamic Shariah presented by the terrorists is that of a savage nation that resorts to killing, stoning people, amputating the limbs of people and slitting the ears and noses of women on slightest social disobedience and think that if Shariah is imposed in their countries it will endanger the lives of their own folk.
Umar Bakri Muhammad and other radical Islamists have been running campaigns for the establishment of Islamic caliphate in Europe forcefully. His friend Anjem Choudhary plans to overthrow the government of the UK with military force or through mass movement. In February this year, Hizb-ut-Tehrir organized “Caliphate Conference 2012” in Vosendorf in Austria. Any sensible person will wonder what Austria had to do with an Islamic conference on caliphate where only about 6% of the population is Muslim. Similarly nearly 5% of the population in the UK is Muslim. But these radical Islamists have been giving the impression that the establishment of Caliphate in these countries is only a matter of time.
Actually, Al Qaeda and its affiliates are trying to produce extremist Muslims all over the world. Since, the ideology of terrorism does not have the Qur’anic or Sunnahic sanction, it has adopted the policy of mobilizing Muslim support in favour of its radical ideas through the ideas of implementation of Shariah and establishment of Islamic Khilafat in Europe which could later be used for its violent purposes.
Implementation of Shariah can be achieved in a Muslim society in an Islamic state based on Islamic values. These radicals could not establish caliphate in the Arab kingdom and the Afro-Arab countries like Libya, Sudan and Egypt or in Pakistan and do not have any interest in these countries because they did not have the advantage of democratic set up there to survive even after threatening these monarchies. In Jordan they were not even allowed to register as a political party. So they chose the more democratic atmosphere of the West conducive for running a violent campaign in the Western countries only to be in the limelight as the champions of Islamic causes.
Their website is critical of Sheikh Hasina’s Bangladesh because after coming to power, she launched an intense crackdown on terrorist outfits like the Lashkar-e-Taiba, HuJI and radical outfits like Hizb ut Tahrir. So when recently a fire broke out in a garment factory there, their website took this opportunity to malign her government by saying that the lives of the Muslims were not safe in Bangladesh under Hasina’s secular government.
Mr Mursi had exploited this slogan of Islamic caliphate in the run up to the presidential elections after the Arab Spring. But after the elections, he has turned autocratic. Not a single Muslim country has demonstrated its will to have an Islamic caliphate model but groups like Hizbut Tahrir and Al Muhajiroun are fooling the Muslim masses with the slogan of Islamic caliphate to gather huge funds from the Muslim world. Islamic caliphate can only be established in Muslim countries where the majority is Muslim and not in the UK or Austria where the majority is Christian and the Muslim population is as low as 5%.
According to ulema, the precondition for establishing a Shariah based society is the inculcation of Islamic values among the Muslims in a Muslim majority region. The establishment of Shariah is not essential. What is needed and expected of the Muslims is the emulation of the ordainments of the Quran and hadiths and nurturing in oneself the values and morals recommended by the Quran and the Sunnah. According to a fatwa from the greatest religious seminary of Asia, Darul Uloom Deoband:
و عد الله الذين آمنوا منكم و عملوا الصالحات ليستخلفنھم في الأرض كما استخلف الذين من قبلهم (الآیۃ)
This verse suggests that first condition for forming (Islamic ) government is to have good deeds and strong faith, after that the second thing is establishing government, but it is not essentially required, The real thing which is required is to follow the Shariah. Therefore, efforts should be made to fulfil the first condition as much as possible. Then Allah Almighty will inspire what action plan is to be laid down in order to establish government.
Thus, those who are falsely raising the demon of the Islamic caliphate in non-Muslim countries to terrorise the non-Muslims are in fact the vanguard groups of terrorist organisations like Al Qaeda whose main aim is to collect funds and mobilise manpower for their destructive activities.
Sohail Arshad is a regular columnist for New AgeIslam.com.