Mick Hartley

Matthew Parris in fine form in The Times:

Sneakily, Britain’s first Muslim Minister, Shahid Malik, has ducked the critics that he will enrage in an interview to be broadcast on Channel 4’s Dispatches programme on Monday.

Knowing that the phrase he uses to describe the situation of British Muslims – “the Jews of Europe” – will make the headlines, he has put it in the mouths of others. “If you ask Muslims today what do they feel like,” he says, “they feel like the Jews of Europe.” He does not say if he thinks that they are right.

I’ll respond in the Malik method. If you asked most non-Muslims what they feel about the suggestion, they would say that it was disgraceful, outrageous and insulting.

He goes on to discuss the recent remarks on Sharia from Lord Phillips of Worth Matravers:

There are two statements here, both doubtful. It is by no means certain that a group of individuals may voluntarily conduct themselves according to Sharia without breaking English law. It depends what Sharia says. We are not free under English law to agree (however willingly) to break English law. We may not agree to discriminate on racial or (usually) on religious grounds against third parties or even each other. A woman may not agree to accept diminished employment rights. We may not agree to punish each other (as elsewhere Phillips acknowledges) unlawfully. Without a clear account of what Sharia demands, Lord Phillips cannot know.

But the second claim that Lord Phillips endorses is more dangerous. Decoded, Dr [Rowan] Williams is saying that in a multicultural society it is fine for people within a culture to agree not to exercise certain rights, even if English law would allow them to.

This is a charter for male dominance. It’s a charter for cultural bullying; for peer-group pressurising; for self-oppression. It’s a charter against women and teenagers who cannot make wholly free choices because they have nowhere else to go; a charter against individuals whose circumstances have made it difficult to think outside the cultural box; a charter for discreet duress. I am sorry to hear the Lord Chief Justice endorsing it.

Public policy in Britain, however cloudy a thing, goes wider than law but informs the law and lawmaking. Make no bones about what 21st-century British public policy thinks of arranged marriage, the subjection and seclusion of women, unequal divorce and property arrangements within marriage, preaching hatred against apostasy, or the ostracising of homosexuals.

Public policy dislikes these things. Sometimes the State legislates to discourage them. Sometimes the State stands back.

Whether or when to intervene will in the end depend on no clear doctrine, but on a general understanding that things must not be allowed to get out of hand. How widespread, how deep, how harmful and how infectious are bad cultural attitudes, will ultimately be the decider.

Neither the Archbishop nor Lord Phillips do any service to public policy by seeming to encourage a recourse to religious rulebooks that runs against the modern British grain.

It made me sad to note that Lord Phillips began his speech by describing his maternal grandparents’ arrival in Britain in 1903, Sephardic Jews who eloped from Alexandria and their families’ attitudes “because they understood that England was a country in which they would enjoy freedom”. How fortunate that the attitudes they were escaping did not pursue them here with “voluntary” codes pushed forward by a “shared” culture whose compelling nature is more insidious in reality than it seems in law.