Application of Islamic Law
Islamic or Sharia laws present some challenges to the European states due to its discriminatory application in solving various issues. Sharia law discriminates against Muslim women living in various western countries. It goes against the constitutional rights that dictate that genders be treated evenly. The discrimination aspect is evident through actions observed in a variety of cases. From the video Die Fremde, Umay is fighting against discrimination and oppression by a male spouse. The husband mistreated her when she resisted letting her son go. This action brings out an element of male chauvinism. The act is tolerated by the Islamic laws in place. Women encounter some challenges in quest for divorce/separation from matrimony. On the other side, men are allowed under the decree to ask for annulment. This puts women at a disadvantaged state as they seek to protect their children against violence. Umay was slapped by her husband an action that is treated as an assault in developed or western nation. In case of republic or Germany law application, the male spouse would face the full force of the law for assaulting his wife.
The Muslim law discourages integration and absorption of their ethnicity into the native customs. This creates a rift between immigrants and host countries resident’s in the community. The law practiced by Muslims tends to impose extreme punishment such as amputation of legs and hands. This is seen to be inhuman acts and unfair way to adjudicate people. It is closely connected to the debate that occurred recently concerning the wearing of Hijab by Muslim women in France and Germany. Unveiling of the hair for women is regarded as a sin in the Muslim community. Therefore, Muslim women would move about in Hijab as a sign of cultural identity and obedience to the rules dictated by their community and religion. It is a practice that is branded by the western countries as oppressive and lead to mistreatment. In most cases, young lady and women of Turkish descent are identified through Hijab. Thus, many organization and employers denies them an opportunity to serve or work at their firms based on their race as well as gender. This is an issue that has raised a lot of concerns amongst scholars and immigrants (ROBERT J. GORDON). A huge number of Turkish youths are unemployed due to the heightened discrimination of people based on their race in European countries. Moreover, the hijab’s has been tainted/misused by criminals who hind their identity by wearing the headscarf. This negative image has affected women who wear this clothing based on their religion and cultural grounds.
Another challenge faced by western government is harmonizing the numerous laws provided and articulated by the Muslims community. These laws lack concrete platforms and set grounds that may be applied to govern a society. Therefore, western governments are unable to monitor or integrate Sharia law into its local laws to come up with a comprehensive set of rules. This leaves the Muslim community at a disadvantageous state in the establishment of community policy as their laws are incompatible to many hosts’ rules. I personally feel that the segregation of these rules is retrogressive. The reason behind this is that Muslims exist in a global community. This means that they need to conform to the global system and laws that controls the action of each and every person. This does not mean that they will lose their identity rather it will help integrate them to the larger community.
Furthermore, some rules encourage extremisms such as the establishment and financing of illegal groups. However, this does not rule the possibility of coming up with organized legal groups. Some of the institution operated by Muslims communities includes Sharia- banking and courts that facilitates the community to trade and dispense justice respectively. The banking system is free from discrimination and serves even non-Muslims communities. Thus, through trade the community aids economic development for various societies and countries where the bank already established its operations. On the contrary, illegal’s groups have in the past used the banking system to finance their ill-acts.
Another issue that is connected to sharia law is inconsistency in judgment of similar cases. Numerous laws exist for certain cases and hence their application leads to emergence of conflict. Developed countries have strong legal system that follows legal processes hence feel jeopardized by the introduction of Muslim courts. The feeling is that the right judgment may not be realized when a Muslim is subjected to the sharia system.
In conclusion, sharia laws have raised a lot of controversies due to their application in real life situation. Lack of a clear guideline makes the situation even worse. Extreme measures and laws that women follow in their daily lives limit their utilization of available opportunities such as pursuing education and filing divorce. Some of these factors incorporated into the law needs to be changed to facilitate freedom and democracy. By doing this, women will have equal opportunities as me does. It will also play a role in the integration process for immigrants in foreign nations.
ROBERT J. GORDON. “The Decline of Innovation and Economic Growth | Robert J. Gordon.”WSJ. Dow Jones & Company, Inc., 21 Dec. 2012. Web. 21 Mar. 2016. <http://www.wsj.com/articles/SB10001424127887324461604578191781756437940>.