TayoBlog: No Sharia in Europe indeed!
Former ISIM Chair Abdulkader Tayob and professor at the Radboud University of Nijmegen is currently working at the University of Cape Town in his homecountry South Africa. And has a weblog too, so I guess I have a distinguished professor as virtual colleague now. Read at TayoBlog his interesting piece: No Sharia in Europe indeed!. For the whole entry go there, but here a small quote:
Recently, a German Judge was removed from a case because she invoked the Sharia in her argumentation in a divorce case. She turned down the request by a Moroccan-born woman for immediate divorce on the grounds of physical abuse by her husband.
She argued that the woman should have expected this treatment when she got married according to the Sharia. In support of her decision, the honourable judge Christa Datz-Winter cited verse 34 of chapter 4 of the Qur’an.
German public opinion was swift, loud and clear. There was only one law that operated in Germany, some said. Others lamented the deterioration of life in Germany, brought about by those who brought the Sharia with them. Multiculturalism had definitely gone out of hand, was another response.[…]
The judge’s response reminded me of something that has happened repeatedly in South African history. In one such incident, Pamela Scully analyzed a reported rape in George in 1850. The accused was sentenced to death for reportedly raping a respectable white woman. When it later turned out that the victim was not white, but like the alleged rapist, “a Bastard coloured,” the sentence was commuted to hard labour. The respectability or otherwise of the victim needed no assessment.
The colonial laws applied only to respectable white women. And the “Bastard coloured” woman could not hope for its protection. Like the racism of the 19th century, the Sharia of Muslims acted as a foil to put women beyond the norms of German laws and ethics. Since the Sharia over-determined the persons living in its wake, its subjects stood outside of German law and norms.
While the public rejected the judge’s decision, it also confirmed the place of the Sharia in relation to Germannness and Europeanness.[…]
In an interview, the woman protested that the judge’s understanding of Islam was totally false. German Muslim opinion also quickly came out in her support, and against the judge. But for the German public, it was simply another demonstration that Islam had no place in Europe.
Does this mean that the particular verse of the Qur’an, or Sharia values formulated on its basis, are not subject to scrutiny? Far from it! But one cannot help noticing how culture and public opinion are re-creating a new Orientalism, perhaps even a new racism.