Create space for 'rule of law' Muslims

Published: Sunday, April 8 2007 12:08 a.m. MDT

A German judge recently ruled that a Moroccan husband had the right, under Islamic sharia law, to beat his wife. The ruling caused a furor, with many Germans — and Muslim representatives — arguing that only the German Constitution should apply in Germany. Yet European governments have, de facto, for decades allowed aspects of sharia law in immigrant ghettos.

That tolerance for a legal and religious system with a different concept of human rights has created a dangerous situation. As Europeans are learning, just defining "moderate" as those who do not want to blow things up is not enough. "Nonviolent" Muslim extremists who want to replace Western laws with Islamic sharia law, and democracy (rule by man-made law) with theocracy (rule by God's law, as interpreted by Islamic clergy and jurists) may actually pose a more serious threat.

Since Sept. 11, 2001, Americans have struggled with how to respond to the threat of Muslim extremism. The United States should uphold its traditions by welcoming Muslims, but distinguishing between moderate Muslims and extremists turns out to be very difficult. Looking at what is going on in Europe helps to clarify this issue.

Sharia law conflicts with Western law in several key areas. First, it considers blasphemy — saying or writing negative things about Islam — as a crime punishable by death. Since there are no blasphemy laws in the West (we fought for centuries to get rid of them), these conflicts are often presented as complaints about hate attacks on Islam. But their true nature should be clear: Dutch filmmaker Theo van Gogh paid with his life for crossing the line on blasphemy, and the Danish cartoonists who published cartoons about Mohammed are in hiding to avoid the same fate.

A second area is apostasy, the "crime" of abandoning a religion. A direct challenge to the very concept of freedom of religion, apostasy, too, is punishable by death under sharia law. Muslims are enjoined to do their best to spread Islam, but it is a one-way street — no one can opt out. The impact of this is to stifle free speech and action among Muslims. Muslim extremists in the West may not be issuing death threats openly, but the underlying intimidation is there.

Women's rights are a third area of conflict. American Muslim women may wear head scarves as a voluntary symbol of their religious devotion, but in many parts of the world women are harassed and assaulted if they do not cover themselves. Indeed, there are now places in Europe where non-Muslim women have begun to follow suit to avoid being molested.

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