Sunday, July 5, 2009

Multiculturalism, Human Rights, and Britain's 85 sharia courts

The think tank Civitas profiled and condemned 85 British sharia courts. Since it is ‘extremely difficult” to gain access to these courts, the report references fatwa’s, or religious rulings, “run out of or accessed through mosques in the UK. These give a “good indication of the rulings of sharia courts in Britain. Examples are, “a Muslim woman may not under any circumstances marry a non-Muslim man unless he converts to Islam; such a woman's children will be separated from her until she marries a Muslim man; polygamous marriage (i.e. two to four wives) is considered legal... a husband has conjugal rights over his wife, and she should normally answer his summons to have sex (but she cannot summon him for the same reason); . . . [and] a wife has no property rights in the event of divorce” These rulings undermine Britain in several ways. But they, most obviously, do not violate the laws of every nation.

First of all, by denying the right of legal protection to its female citizens, it alienates them from the British community. The rulings, a Muslim representative noted, are only valid if both sides agree. But Susan Okin, who writes on the incompatibility of multiculturalism and feminism has noted that most female oppression takes place in private. If her family pressures her to drop out of school to marry she may be so isolated from the opportunities and protection of western law accepting the ways of her subculture may seem like the only opportunity. As Civitas argued, the Islamic tribunal “may be the only tribunal the man will accept.” In Canada Muslim women stopped the imposition of legally binding Islamic arbitration. But notice that this effort stopped sharia in the west, not in an international space.

Worse yet, a spokesperson for the Muslim Arbitration Tribunal said that the courts were an opportunity to “self-determine disputes.” The “self-determination” language comes from the League of Nations. It refers to separate nations determined by a distinct people. That is it refers to international matters. Under multiculturalism, however, this language is used to mean that nations within western nations have a right to self-determination. And, herein, we see a distinct legal system within a western nation. We have to ask, “What is next?” In Canada there is already a Canadian Islamic Congress. Will we see an Islamic Parliament? Will there be a Muslim Prime Minister in Britain? In asking these questions we see how having a parallel legal system threatens the sovereignty of the West. But notice that this move does not threaten the sovereignty of an imagined international space, it threatens western nations.

Civitas’ director, David Green said, “Our system is based on moral and legal equality or it is based on nothing.” This culturist truism only grazes the issue of sovereignty. Britain must only recognize British law. “The IK’s highest court has ruled that sharia law was “wholly incompatible” with human rights law. The House of Lords granted asylum to a Lebanese woman on this basis. Though culturism agrees in general, the language used herein also reduces western sovereignty. Britain is a nation with a distinct evolved tradition, heritage and culture. Islamic law is distinct from British law. Human rights law, though based on western thought, is also a foreign legal construct held together by those allied with the UN. Britain needs to stand up for British laws or it will disappear. Rather than adopting international or multicultural tenets, Britain must be culturist.

All opposed to sharia law in the West will condemn the existence of Islamic courts in Britain. Yet most cling to the language of ‘human rights.’ Readers please ask yourself these questions, “Is human rights language more often used in favor of the West or against the West?” If you are not in favor of the United Nations, why do you support international rights language? Is there a way to support the concept of international rights without supporting the United Nations and undermining our sovereignty?” As ‘human rights’ language is western, we are the only nations that take it seriously. As with ‘multiculturalism’ other nations ignore ‘human rights’ and turn them on us as a weapon. There is not question that the West would be better off replacing the use of multiculturalism with culturism. Would it better protect the West to replace ‘human rights’ language with culturist language?

Human rights language has recently come close to toppling Iran. Were they called, western rights, it might not have caught on as well. Yet, I am troubled by the use of international language in western disputes. The international space of the UN is also very much against us. We are told to side with the Palestinians with indifference because their 'human rights' are being violated. We are not to take sides as all else do. Herein human rights language means we must be neutral. We must be aware of language. When should we use culturist talk of western rights? Should we ever use 'human rights' language? I know we definitely should not use such language when it comes to asylum claims. Multicultural rights to self-determination back Sharia courts in western nations. What other examples come to mind?

11 comments:

Empedocles said...

It is really awful seeing what is happening in Britain, they have made so many bad mistakes. How can the whole nation now be full of Chamberlains? Worse than Chamberlain actually because he at least never said it was OK to appease within Britain's borders. Things are going to get really ugly there soon.

Unknown said...

Empedocles,

You are likely the most philosophical blogger I correspond with. I am glad to hear from you. I wonder what you say to the last two paragraphs of this post.

If there are human rights, they cannot be metaphysical. Culturism would locate them in the evolving history and sustained society of the West. Most people who I blog with would consider them a part of human nature. As, we have discussed, I cannot by this set version of human nature. I think the "nature" of man is what is being debated in the clash of civilizations.

Pragmatically, I have been very impressed by the 'humanistic' language used in Iran recently. But, I also see that language as undermining British sovereignty. The international human right to build mosques all over Britain, to send refugees, to - possibly - have sharia is wrong.

So might a policy of domestically saying rights are cultural and to be protected combined with an internal aggressive language of rights have a real world benefit? Can you accept that level of pragmatism? I can. But I would not have a policy where I expected Iran or China to turn into American outposts as we have done in Iraq. So how does that play into the international arena?

Thanks, John

Empedocles said...

On a new post at my blog I write: "Multiculturalists demand the adoption of cultural diversity within Western nations by appealing to universal rights, and demand the destruction of cultural diversity internationally by appealing to universal rights." So yes, I agree that the Western notion of rights has gotten so confused that no one knows any longer what exactly they are. No one who thinks about the issue seriously really believes anymore that they are universal a priori laws of nature. I agree that rights are just an invention of Western culture, and no they are not a part of human nature, if they were they would have arose before the Enlightenment. My post "Teleology and the Death of Liberalism" goes into this a bit. I believe that Nietzsche thought that rights are a claim that a group is willing to fight over an issue. Something becomes a right when the other group agrees to not fight over the issue. Thus religion only became a right after many devastating wars when both sides decided not to fight over it any more. I don't usually agree with Nietzsche but I think he might be right here. I do not think that right claims need to be acquiesced to if they are harmful to a people. But Western nations are in the grip of the idea that there is a perfect list of rights written in the structure of the universe that must be respected. Whenever anybody demands a right, Western nations are all too ready to grant it, even going so far to grant the "right" of these Sharia courts to deny rights.

Empedocles said...

Traditionally rights were areas that marked of where the government was not allowed to interfere, but with utilitarianism rights became demands that the government promote happiness, and with Rawls and his justice as fairness rights have become a demand that the government interfere in every aspect of life in order to ensure fairness. How many rights are there? How do we come to know what our rights are? Are rights a scientific discovery? A metaphysical insight? A rule of reason? Merely utilitarian? If rights are part of human nature and universal, how did humans get along without them for many millennia? These questions have never been satisfactorily answered. So yes, it is confusing. Despite all of this, I do believe in rights, if understood as the view they they limit government's power. Practically, rights have merely become a demand by a minority that doesn't want to have to concede to democratic principles. I've had some books on rights on my desk for ages but I've had other priorities. Maybe I'll have something more helpful to say in the future.

Soothsayer said...

It is not possible for multiculturalism to succeed and there are few that dare to research into or debate about the problems that immigration has caused. Even so, if you Google «failure of multiculturalism» you get more than 700 results. We need to be less concerned about what is politically correct and more concerned about what is true. Any researcher daring to conduct objective research into the consequences of mass immigration risks becoming an outcast deprived of research funds and employment.
We cannot possibly absorbe into our society all of the needy from every corner of the world. The third world has to take responsibility for limiting its population growth otherwise its economies will never develope. Well-meaning journalists and academics suppress criticism; official support and funding are given exclusively to those that sing the praises of multiculturalism and that intentionally marginalize native culture. In order for multiculturalism to succeed society in general would have to believe in it, but no-one really does. In reality multiculturalism results in the breaking up of society into alternative cultures in conflict with each other. Multiculturalism treats all cultures as if they were all equally good and functional. The tendency is to seek out and idealise the similarities between cultures while ignoring the incompatabilities, the result is the loss of any sort of cultural identity. Realities such as the systematic discrimination of women under Islam are conveniently ignored.
A society can only function if there is a common culture in which all of its groups can at least agree upon which political system and which code of conduct it is to follow. The family, local communities, a national state and European civilisation are all under threat from multiculturalism. The loss of these institutions will result in; chaos, terror, the call for a strong leader and inevitably war. The glue that binds us together is being dissolved. Liberalists and socialists campaign for freedom and equality while forgetting the requirements for brotherhood. Brotherhood requires national cohesion politically and culturally. The more immigration the less there is that unites society and the more there is that divides it. There is less solidarity and less will to finance the welfare state, as evidenced by widespread tax-evasion among immigrants. Immigrants are over-represented in crime statistics and it is a fact that more of the native population are murdered by immigrants than vice versa.
The Nation, that moral entity that has evolved through thousands of years of proud history is being eroded away and a weakened national identity encourages egoism rather than global solidarity.

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