Comment on an article in The West, 6 April 05, p.15:
Perth muslims plan to set up a sharia court -- a religious court -- "to adjudicate on difficult divorce cases." What sort of intolerant, ghetto-style thinking do these people have?
They come to Australia. Why? Apparently to set up a self-ruling clique within this country, a clique which refuses to accept Australian law. "Under Muslim law, a woman is free to remarry only if her husband says: 'I divorce you.'" So? What about Australian law?! Oh, no, apparently Australian law does not apply to this select group of people living in Australia...
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According to Abdul Jalil Ahmad from the Islamic Council of WA, this new court will be "a boost to women's rights." It seems that some women are suffering because the husband refuses to give her a divorce and... wait for it... "she can't complain to a court." Really? What Ahmad means is, the controlling factions within the muslim community -- presumably the men -- will not allow these women to take this legal issue to an Australian court of law.
How does this compare to my earlier blog post, about pharmacists who won't prescribe the morning-after pill?
The pharmacists -- so I wrote -- have the right to choose to not prescribe, if they believe that use of these pills is immoral. Pharmacists should be free to follow their own beliefs, as long as they do not hurt other people. In that case, as long as women are allowed to go to another pharmacist who does provide these pills.
Is the muslim sharia court simply a case of a group following its own moral code? Yes, it is. But -- following this moral code is hurting other people -- muslim women. If a woman is not allowed to go to an Australian court, to use the law to protect her rights -- as defined within the country in which she lives -- then that woman is being hurt.
If, on the other hand, the woman is allowed to take her divorce proceedings to an Australian court -- and the findings of that court would be accepted as binding, by the woman, her (ex) husband and other members of the muslim community -- then fine! The woman may then choose to go to a sharia court rather to a legitimate court. She -- and her husband, and her community -- may live by the decisions of the sharia court. That is her right.
But the findings of a sharia court will have no bearing on the legal status of the marriage. A marriage is defined and supported by Australian law, with rights and responsibilities. No individual and no group can invent laws to suit themselves.
If people "marry" without following Australian law -- that is not a marriage. (It may be de facto, there is wide acceptance of the legal status of a de facto relationship.) If they "divorce" simply by saying, "I divorce you" -- that is not a divorce. And if a court of law says that they are divorced -- no amount of denials by the husband -- or wife, or community -- will affect the legal fact of the divorce.
If the muslim community refuses to allow a woman access for a legitimate action in an Australian court of law -- then the muslim community is acting illegally.
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