"Islamic Law in a Changing World: Traditions and Transitions" was the topic of the third in a series on foreign law workshops held at the Library of Congress in conjunction with the annual meeting of the American Society of International Law (ASIL). Sponsoring the March 31 all-day event was the Law Library of Congress in conjunction with the Friends of the Law Library of Congress; the American Association of Law Libraries' Foreign, Comparative and International Law Special Interest Section (AALL FCIL SIS); and the Law Librarians' Society in Washington, D.C. (LLSDC).
Presenters focused on major issues surrounding Islamic law in the age of globalization, laws and related documents of major Islamic countries and jurisdictions where the Koran is recognized and implemented as binding law.
Rubens Medina, Law Librarian of Congress, welcomed the participants and guests and spoke to the workshop's focus on the Islamic system of law, "a system inspired by what is perceived as the will of God as opposed to the will of the people."
Given increasing globalization, said Medina, "it is more important than ever that we focus on those differences and learn enough about them so that we may understand each other and work peacefully together."
Issam Saliba, Law Library expert on Islamic law, analyzes Shari'a law for workshop attendees. - Dee C. McGee
Moderating the panel of speakers, the Law Library's Director of Legal Research, W. Gary Sharp, pointed to the need for better understanding of Islamic law and traditions, since 20 percent of the world's population, or about 1 billion people, are followers of the religion. He cited a study by Freedom House that estimated that by 2005 the world's Islamic population will have increased to 30 percent. However, Sharp said, only 13 percent of all Muslims are natives of two Western-style democratic governments.
Issam Saliba, the Law Library's legal specialist for Middle Eastern and North African Arab nations, spoke on the "Traditional Law of Islam." He traced the origins of Islamic law back to its roots in the Koran, which Muslims believe "constitutes the very word of God." Saliba explained that the Shari'a, which translates into English as Islamic law, contains not only legal, but also moral, ethical and ritual rules.
While the Shari'a specialists developed a fully comprehensive legal system, Saliba noted that they left certain fields of law, such as tax law and criminal law, largely in the hands of the state.
"The reason for that is that the Shari'a specialists were not only jurists in the Western sense, trying to regulate the affairs of society, but rather pious religious scholars whose main interest was the personal conduct that leads to the salvation of the soul," Saliba said. He described the original work of the Shari'a specialists as "a great body of fascinating scholarly interpretation that spanned a period of 300 years following the death of the Prophet."
Asked about the status of human rights in Shari'a, Saliba cautioned that it predates such newly formulated concepts, but pointed out that Shari'a respects basic rights and freedoms such as freedom of religion. "Of course there have been abuses of these rights as in other societies," he said, but he added that such abuses should not be attributed to anything inherent in the Shari'a or Islamic law.
Krishan Nehra, the Law Library's senior legal specialist for India and all South Asian nations, discussed "India: Implementation of Islamic Family Law in a Secular Democracy." He traced the evolution of modern Indian family law from its customary and religious roots, through British rule in the 19th and 20th centuries, to the present time as an integrated but diverse body of jurisprudence and legislation under the secular constitution of the Republic of India.
In a country that is 84 percent Hindu and 12 percent Muslim, Nehra noted that achieving a "tempered and consolidated" body of uniform civil code in modern India has not been easy or without controversy. He traced modern Indian private law to a 1985 case before the Supreme Court of India that extended civil protections to Muslim women under the Code of Criminal Procedure in divorce cases beyond those granted under the Shari'a. Extending Muslim women's rights under civil law was based on a stated need to avoid "vagrancy and destitution" among otherwise disenfranchised women, Nehra explained.
However, in 1986 a law was enacted that nullified the Supreme Court decision of 1985. Despite constitutional challenges from individuals and women's organizations, according to Nehra, the 1986 law was upheld by the Supreme Court.
Asked about the status of commercial and business law in India, Nehra commented that these are considered strictly matters for secular law and civil courts, and "luckily, there is no controversy here."
Assimilate or diversify: The Law Library's Canadian specialist Stephen Clarke raises questions facing Muslims in Canada. - Dee C. McGee
"Recognition of Islamic Law Through Canadian Arbitration" was the topic of Stephen Clarke, Law Library senior legal specialist for Canada, New Zealand and the English-speaking Caribbean. He cited Canada's unique Islamic Institute of Civil Justice (IICJ) as a means to accommodate the country's Muslim community in an otherwise secular Western democracy with a largely Christian population and heritage.
Established to handle family and other civil disputes within the Muslim population, the IICJ tribunal, or Darul-Qada, was designed to follow the Shari'a model in rendering its decisions. Welcomed by some Canadian Muslims, the IICJ also has its opponents within the community, Clarke said.
While divorce and legal separation remain solely within the jurisdiction of Canadian civil courts, Clarke explained, the Darul-Qada is allowed binding arbitration in areas such as property settlement and child custody. The parties must agree both to arbitrate through the Darul-Qada as well as agree to its decisions, Clarke said.
"Fears that ‘the stoning of women' is coming to Canada are far, far-fetched indeed," Clarke assured the gathering. "However, many fear that women may be subject to coercion and social pressure even with these assurances," he pointed out.
Composed largely of recent immigrants in highly concentrated communities in Ontario and Quebec, the Canadian Islamic population is demographically unique, according to Clarke. While small, it grew from 98,000, or 0.4 percent, in 1981, more than doubled to 253,000, or 0.9 percent, in 1991, and almost doubled again to 580,000 in 2001.
"But experience shows that in time, the goal of most Canadian Muslims is assimilation, with second generation immigrants more focused on ice hockey than Shari'a law," Clarke noted.
Conflict is not an atmosphere conducive for dialogue between Islam and the West, said Azizah al-Hibri, law professor at Richmond University School of Law. - Dee C. McGee
The final workshop speaker was Azizah al-Hibri, a law professor at Richmond University School of Law and a Fulbright scholar who has written extensively on issues related to Islam, democracy and women's and human rights. Her presentation addressed "Muslim Women's Rights in the Age of Global Conflict."
Al-Hibri warned of a growing global polarization since 9/11. She said the Muslim women's rights movement is now being viewed by some Muslims as yet another Western attempt to disrupt their societies and faith. This unfortunate development has complicated the work of women's rights advocates, even Muslim ones, according to al-Hibri. There are, however, Muslim leaders who continue to support paced change based on proper religious foundations, she said.
Commenting on the educational policy toward women under the Taliban, al-Hibri described Islam as a religion that protects women from societal abuses and supports the education of both sexes. "Muslims know that any attempt to deprive women of their education is Islamically wrong," she said.
Al-Hibri urged that debates and interpretations of Islamic text be conducted "in an atmosphere devoid of hot conflict. In the Middle East we have seen a rise in an amalgam of nationalist sentiment and religious commitment. Western attempts at secularization are often seen as attempts to colonize, or re-colonize, the native populations. The word ‘crusade' has very negative connotations. It conjures images of hot religious and military conflicts that were played out on Muslim soil and resulted in centuries of distrust between the Muslim world and the West," she said.
Muslim women are often under pressure to toe the traditional line because they fear being seen as "collaborators" with the West. She also noted that, with the Muslim world in chaos, some Muslims feel that this is not the best time to talk about women's rights.
"I think reform is indivisible," al-Hibri countered.
To make progress in relations with the West, she urged that "the best milieu is a peaceful one, where dialogue can occur and both sides can listen in the spirit of mutual understanding. Only in such a climate can stable world relationships be achieved."
