Re-inventing Islamic law practices in the Netherlands

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5 Responses

  1. BruceScorpio says:

    Who the ‘Hell” do Muslims think they are???They move to another country & want that Host Country to offer them their ‘Justice System'(Sharia-stoning, dismemberment)…What happened to the proverb; “When in Rome, do as the Romans do”???

  2. eslaporte says:

    Yes – and it’s mis-informed by the myth that “Europe and the Netherlands are being Islamified.”

    First of all, there is nothing wrong with customs are traditions that have some religious basis. We have some of this with the canon law of the Catholic Church, which has its own law systems.

    Second, there are issues of reciprocal acceptance of legal standards of other nations. The best and recent example occurred with the European Arrest Warrant, and the acceptance of laws and standards between nations. Another example is the recombination of diplomas and standards for professions, such as practice of medicine. There maybe practices that cannot be accepted between nations due to national norms and legal systems that are very different, but these difference should be worked out whenever possible.

    Dutch Muslims are very much a part of Dutch society. They take part in the political and legal system that already exists, so they may not feel any need for a separate legal code. Only about a one-fourth of Dutch Muslims attend any mosque – and that could also be another factor. The Netherlands is not a very religious nation in any form.

  3. Matthew Wallace says:

    I read your blog while preparing for an assignment on Sociology of Religion and religious diversity. I wrote my own blog having read this piece. Here is my piece:

    Blog: Religious Diversity – Tolerance of Islam rather than Submission to Sharia Law

    Introduction

    Religious diversity is a problem in many countries. A tolerant approach accommodates for an increase in diversity. This piece will address the issue of Islamic minorities living in predominantly Christian European countries. It shall be proposed that the practise of Islam should be tolerated, but that countries should not submit to Sharia Law by incorporating it in domestic legal systems.

    Muslims in Europe

    It is essential to tolerate minority religions in order to integrate immigrant populations into society. Religious tolerance may be defined in two ways: a tacit acceptance of a restricted list of religious activities; or a positive affirmation of forms of religion different to the norm . The former is a more closed definition. It requires the country to accept a religion and allow it to be practised. However, the latter suggests that a host nation has a positive obligation to include a minority religion by making more drastic changes. A method of doing so would be the alteration of the legal or constitutional system . The present work proposes that this is a step too far.
    Religious freedom is a basic right. Both Christians and Muslims engage with religious activity and should be entitled to do so . However, tolerance does not entail wholesale acceptance of a religion. A host country should not be obliged to incorporate religious ideology and practices by means of legislation. This is a topical issue in relation to Islam.
    Muslims have migrated into Europe in recent years and represent a large minority religion in many countries . Islam is viewed as a way of life by many Muslims . In this sense they do not recognise the European distinction between public and private affairs relating to religion . Islam tends to have a more sweeping public role in society. However in Europe, religion does not have such a powerful public role. This poses a problem in relation to religious diversity. It has been seen that some Muslims seek for Sharia Law to be implemented in European countries. This would fit the broad definition of religious tolerance, that the host state must positively affirm Islamic law. However there should be no such expectation of European countries. Legislative implementation of a minority religious law is too much to ask.
    A move for such legislative implementation has been seen in Britain. A newspaper opinion poll revealed that 61% of Muslims want Sharia Law to be used in the work place . This is reflected in Ireland, where opinion polls on the Muslim Public Affairs Council website propose that Islamic Law should be used in civil cases . Although this cannot represent the views of all Muslims in these countries, this evidence shows that there is support for legislative implementation of Sharia Law.
    A more favourable approach may be seen in the Netherlands. In the liberal Dutch context, Islamic law is being reinvented . Instead of seeking to change the domestic law, there are moves to diversify Sharia Law and Islamic practice. This ameliorated approach attempts to assimilate a minority religion, without aggravating the domestic population. It is a more accurate practise of tolerance. The host nation agrees to allow Islamic practise, but it is up to the incoming Muslim population to alter their law if they wish to assimilate in society. There is no obligation on the nation which accepts these people to change its laws or constitution.

    Conclusion

    Religious diversity should be accommodated for by means of tolerance. Tolerance should be defined in a narrow sense, as an acceptance of religious activities. Minority religious laws, such as Islamic law, should not be incorporated in the legal system of European countries. The diversification of Islamic law in order to assimilate in a European country is an ameliorated approach, as seen in the Netherlands. The domestic country must tolerate Islam, while the minority attempts to diversify. Islam should be accepted in Europe to the extent that Muslims assimilate, rather than submitting to Sharia Law by means of legislation.

    Bibliography

    Beekers, D. Pedagogies of piety: Comparing young observant Muslims and Christians in the Netherlands’, Culture and Religion: An Interdisciplinary Journal, Vol. 15(1), 2014, pp. 72-99.

    Bradley, L. (2004, September 24). ‘Sharia Law in Ireland “if Muslims are the Majority”’. Irish Independent. Retrieved from http://www.independent.ie/

    Davie, G. Sociology of Religion: A Critical Agenda (Second Ed.), Sage Publications, 2013.

    De Koning, M. (2010, April 26). ‘Re-inventing Islamic law practices in the Netherlands’ [Blog post]. Retrieved from http://religionresearch.org/

    Guvelli, A. ‘Understanding the Religious Behaviour of Muslims in the Netherlands and the UK’. Sociology, Vol. 45 (6), 2011, pp. 1008-1027.

    Powers, P. R. ‘Interiors, Intentions, and the “Spirituality” of Islamic Ritual Practice’. Journal of the American Academy of Religion, Vol. 72 (2), 2004, pp. 425-459.

    Travis, A. and Bunting, M. (2004, November 30). ‘British Muslims want Islamic Law and prayers at work’. The Guardian. Retrieved from http://theguardian.com/

  4. martijn says:

    Thanks Matthew!

  1. April 28, 2010

    […] suivante: des chercheurs de l’Université Radboud de Nijmegen (Pays-Bas) ont publié un rapport concluant qu’il n’existe pas de tribunal islamique aux Pays-Bas, c’est-à-dire qu’il n’y a pas jugements rendus sur la base du droit islamique. […]

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