February 13, 2008  N°. 592 - Vol. 6

 

"If I had eight hours to chop down a tree, I'd spend six hours sharpening my ax."

Abraham Lincoln

In today's Grammatigalhas: an introduction to the Sharia law.

• Top News

US banks join mortgage help plan

Six major US banks are taking part in an initiative to help homeowners struggling to pay their mortgages. Bank of America, Citigroup, Countrywide Financial, JP Morgan Chase, Washington Mutual and Wells Fargo are those taking part in "Project Lifeline". Backed by the US Treasury Department and Housing Department, people failing to pay their mortgages will have the foreclosure process halted for 30 days. It is hoped that more affordable payments can then be negotiated. Click here to read more.

Lerach Sentenced

U.S. District Judge John Walter sentenced William Lerach, 61 years old, to two years in federal prison for conspiring to obstruct justice in connection with alleged kickback payments made by his former law firm, Milberg Weiss LLP. Lerach is also paying an $8 million penalty. He has been suspended from the practice of law and will be disbarred.

Venezuela breaks ties with Exxon

Venezuela's state oil company PDVSA has announced it is suspending sales of crude to Exxon Mobil, in response to legal action brought by the US firm. Chavez has said he will no longer do business with Exxon, which he says is not welcome in Venezuela. Exxon wants compensation following the nationalization of a project in Venezuela's largest oil reserve.

The authoritative resource for information on the worldwide legal profession

• MiMIC Journal

China cracks down on violent online games

Seeking to ferret out online games considered overly violent or unhealthy, China has targeted illegal Web sites, computer markets and Internet cafes as part of a campaign to rein in juvenile crime. The crackdown, called "Operation For Tomorrow," is also aimed at Web sites offering unregistered playing platforms or services for gamers that can be downloaded.

• Grammatigalhas

Legal Meaning Is Not Everyday Meaning

Sharia

"Way to the water." The "way" of Islam in accord with the Qur'an and Sunna, ijma' and qiyas. Sharia is the law of Islam. It is based on the teachings of the Qur'an and the Sunna, though there are many sources outside these two, such as Arab Bedouin law, commercial law from Mecca, and the law of some conquered nations such as Roman and Jewish law. The Sharia extends beyond what Westerners consider law. It covers the totality of religious, political, social, including private life and makes no distinction between sin and law.

The primary sources of Islamic law are the Qur'an and Sunnah.

Islamic jurisprudence is called fiqh and is divided into two parts:

Usul al-fiqh — roots of the law: the study of the sources and methodology;

Furu' al-fiqh — branches of the law: the practical rules.

Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business, contracts, family, sexuality, hygiene, and social issues. 

The comprehensive nature of Sharia law is due to the belief that the law must provide all that is necessary for a person's spiritual and physical well-being. All possible actions of a Muslim are divided (in principle) into five categories:

• obligatory

• meritorious

• permissible

• reprehensible

• forbidden

Everyday "Legal" Jargon 

Q&A: Sharia law explained

By Dominic Casciani, BBC News home affairs reporter

The Archbishop of Canterbury has come under fire after appearing to back the adoption of some aspects of Sharia law in the UK. But how does the legal system work and fit into society?

What is Sharia?

Sharia law is Islam's legal system. It is derived from both the Koran, as the word of God, the example of the life of the prophet Muhammad, and fatwas - the rulings of Islamic scholars.

But Sharia differs in one very important and significant way to the legal traditions of the Western world: it governs, or at least informs, every aspect of the life of a Muslim.

What does it cover?

Western law confines itself largely to matters relating to crime, contract, civil relationships and individual rights.

Sharia is however concerned with more. Sharia rulings have been developed to help Muslims understand how they should lead every aspect of their lives according to God's wishes.

What does this mean in practice?

All sorts of things in daily life. For example, many young Muslims ask themselves what they should do if colleagues invite them to the pub after work or college.

Many people would of course make up their own mind about the appropriate course of action. But others may turn to a Sharia scholar for advice.

So Sharia covers a lot of very mundane and banal daily issues where observant Muslims want to ensure they act within the legal framework of their faith.

So how are rulings made?

Like any legal system, Sharia is complex and its practice is entirely reliant on the quality and training of experts.

There are different schools of thought, which consequently lead to different rulings.

Scholars spend decades studying the law and, like with Western law, an expert on one aspect of Sharia is no means the authority on another.

Islamic jurists issue guidance and rulings. Guidance that is considered a formal legal ruling is called a Fatwa.

Do people go to court?

Sharia courts exist in both the Muslim world and in the Western world.

In parts of the Muslim world the criminal courts and their punishments are of course drawn from the rules of Sharia.

In the West, Muslim communities have established Sharia courts to largely deal with family or business disputes.

The internet has become a popular way of seeking a ruling with scholars. Some of the guidance to Muslims in the west which has been considered most outlandish has come from these sources, particularly where the scholar has no knowledge of the realities of western life.

Why is Sharia mentioned in the same breath as public executions?

Of all the issues around Islamic law, this remains the most controversial in Western eyes - and its presentation the most infuriating for Muslims.

Muslims say the Western world misrepresents Sharia by focusing on beheadings in Saudi Arabia and other gruesome punishments. The equivalent, they say, would be a debate about the history of Western law focused on America's electric chair.

Some modern Muslim scholars say that while Sharia includes provisions for capital and corporal punishment, getting to that stage is in fact quite difficult.

The most famous Muslim thinker in Europe, Tariq Ramadan, has called for a moratorium on these penalties in the Muslim world.

He argues that the conditions under which such penalties would be legal are almost impossible to re-establish in today's world.

But Muslims can be executed for converting?

Apostasy, or leaving the faith, is a very controversial issue in the Muslim world and the majority of scholars believe it is punishable by death.

But a minority of Muslim thinkers, particularly those engaged with Western societies, argue that the reality of the modern world means the "punishment" should be left to God - and that Islam itself is not threatened by apostasy.

The Koran itself declares there is "no compulsion" in religion.

Egypt's most senior cleric has faced a storm in the Middle East after floating some of these ideas but the debate may well continue for many generations to come.

So what kind of Sharia are we talking about in the UK?

The key issues are family law, finance and business. In practice many Muslims do turn to Sharia guidance for many of these day-to-day matters, particularly family disputes.

And how does this work in practice?

Muslims are increasingly looking to the example of Jewish communities which have long-established religious community courts.

These "courts" are legally recognised in English law as a means for warring parties to agree to arbitration. The law sees this as a practical way of helping people to resolve their differences in their own way, without clogging up the local courts.

But what about incorporating Sharia into British law?

In two important areas British law has incorporated religious legal considerations. British food regulations allow meat to be slaughtered according to Jewish and Islamic practices - a touchstone issue for both communities.

Secondly, the Treasury has approved Sharia-compliant financial products such as mortgages and investments. Islam forbids interest on the basis that it is money unjustly earned. These products are said by supporters to meet the needs of modern life in a way that fits the faith.

Has any western nation allowed Sharia to be used in full?

Not at all. Canada is widely reported to have come close - leading to protests in 2005.

But in reality the proposals were little different to the existing religious arbitration rules here in the UK.

Experts considered establishing Sharia-related family courts to ease the burden on civil courts - but said these would have to observe the basic human rights guarantees of Canadian law.

What about Sharia and women?

Some Muslim women in Britain are concerned about how their rights are protected. Take marriage for example.

Muslims only consider themselves truly married once they have conducted the Islamic ceremony, known as the nikah. In some cases, this means that there is a cultural view that the British civil ceremony, which enforces legal rights under the law, is not important.

Some mosques are alive to this issue and now demand to see a marriage certificate as a condition of the nikah. Others do not. Many women want Muslim leaders to do more to ensure their rights are protected under British law.

Does Sharia allow men to instantly divorce wives?

There is an idea that men merely have to say the Arabic for divorce three times (known as the triple talaq) and that is sufficient - and there are some men who think they have this right.

In practice, not only do texts show Muhammad disagreed but today, where Sharia courts are properly run, the words are merely a symbolic part of a rigorous process.

Marriage is a contract in Islam. Scholars expect three-month cooling-off periods, dialogue, arbitration and counselling. However, Talaq is a very complicated area of Sharia law with conflicting views.

So women have reservations about Sharia?

Some Muslim women in the West would be worried about protection of their rights in Sharia courts where there is discrimination against them because of patriarchal and cultural control in their communities.

This does not mean that they are necessarily opposed to Sharia - only there are live concerns about the fairness of its application.

It's fair to say that many leading Muslim women are more concerned about how existing British equality measures and human rights laws can be used to improve their position and voice in society.

Contemporary practice of Sharia law

There is tremendous variance in the interpretation and implementation of Islamic Law in Muslim societies today. Liberal movements within Islam have questioned the relevance and applicability of sharia from a variety of perspectives; Islamic feminism brings multiple points of view to the discussion. Several of the countries with the largest Muslim populations, including Indonesia, Bangladesh and Pakistan, have largely secular constitutions and laws, with only a few Islamic provisions in family law. Turkey has a constitution that is officially strongly secular. India and the Philippines are the only countries in the world which have separate Muslim civil laws, framed by Muslim Personal Law board, and wholly based on Sharia and the Code of Muslim Personal Laws of the Philippines. However, the criminal laws are uniform. Some controversial sharia laws favor Muslim men, including polygamy and rejection of alimony.

Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. Laws derived from sharia are also applied in Afghanistan, Libya and Sudan. Some states in northern Nigeria have reintroduced Sharia courts. In practice the new Sharia courts in Nigeria have most often meant the re-introduction of harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include amputation of one/both hands for theft, stoning for adultery and apostasy.

Many (including the European Court of Human Rights) consider the punishments prescribed by Sharia as being barbaric and cruel. Islamic scholars argue that, if implemented properly, the punishments serve as a deterrent to crime.[10] In international media, practices by countries applying Islamic law have fallen under considerable criticism at times. This is particularly the case when the sentence carried out is seen to greatly tilt away from established standards of international human rights. This is true for the application of the death penalty for the crime of adultery, and other such punishments such as amputations for the crime of theft and flogging for fornication or public intoxication. 

Though Islamic law is interpreted differently across times, places and scholars, following fundamentalist's literal and traditional interpretations, Muslim scholars believe it should legally be binding on all people of the Muslim faith and even on all people who come under their control.

Hudud: the penalty for theft

In accordance with the Qur'an and several hadith, theft is punished by imprisonment or amputation of hands or feet, depending on the number of times it was committed and depending on the item of theft. However, before the punishment is executed two eyewitnesses under oath must say that they saw the person stealing. If these witnesses cannot be produced then the punishment cannot be executed. Witnesses must be either two men, or, if only one man can be found, one man and two women. Several requirements are in place for the amputation of hands, so the actual instances of this are relatively few; they are:

The thief must be adult and sane.

There must have been criminal intent to take private (not common) property.

The theft must not have been the product of hunger, necessity, or duress.

The goods stolen must: be over a minimum value, not haraam, and not owned by the thief's family.

Goods must have been taken from custody (i.e. not in a public place).

There must be reliable witnesses (mentioned above).

The punishment is not imposed if the thief repents.

All of these must be met under the scrutiny of judicial authority.

Freedom of speech

Sharia does not allow freedom of speech on such matters as criticism of Muhammad. Such criticism is considered blasphemy against Muhammad. Many Muslims believe that if there is no freedom of speech, or if freedom of speech is very limited then people will learn to control what comes out of their mouths.

Sharia, democracy and human rights

Many democrats, and several official institutions in democratic countries (as the European Court for Human Rights) are convinced that Sharia is incompatible with a democratic state. These incompatibilities have been clarified in several legal disputes.

In 1998 the Turkish Constitutional Court banned and dissolved Turkey's Refah Party on the grounds that the "rules of sharia", which Refah sought to introduce, "were incompatible with the democratic regime," stating that "Democracy is the antithesis of sharia." On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy." Refah's sharia based notion of a "plurality of legal systems, grounded on religion" was ruled to contravene the European Convention for the Protection of Human Rights and Fundamental Freedoms. It was determined that it would "do away with the State's role as the guarantor of individual rights and freedoms" and "infringe the principle of non-discrimination between individuals as regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy".

Sources: (1) This entry is from Wikipedia. (2) Article from BBC NEWS: click here

As If Your Life Depended On It… or How to get to Carnegie Hall? - Practice, practice

Islams / Muslims

Followers of Islam are called "Muslims," not "Islams." Muslim is now widely preferred over the older and less phonetically accurate Moslem.

The S in "Islam" and "Muslim" is sibilant like the S in "saint." It should not be pronounced with a Z sound.

Leap in the dark

Something done without knowledge of the consequences. The dying words of the philosopher Thomas Hobbes (1588-1679) are usually quoted as 'I am going to take a great leap into obscurity', though some authorities quote him as saying '... a fearful leap in the dark'. The phrase became better known through Sir John Vanbrugh's comedy ‘The Provok'd Wife’ (1697): 'Now I am in for Hobbes' voyage, a great leap in the dark'.

• Historia Verdadera

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• Brief News

US judge steps in to torture row

The most outspoken judge on the US Supreme Court has defended the use of some physical interrogation techniques. Justice Antonin Scalia told that "smacking someone in the face" could be justified if there was an imminent threat. "You can't come in smugly and with great self satisfaction and say 'Oh it's torture, and therefore it's no good'," he said in a rare interview. He also accused Europe of being self-righteous over the death penalty. Scalia is known as the most acerbic member of the Supreme Court, and is often described as the most conservative of the court's judges.

Kenyans consider grand coalition

Former UN chief Kofi Annan has briefed Kenyan MPs about the progress of talks aimed at defusing the election crisis before they move to a secret location. He did not give any details but he seems to be moving towards the idea of a grand coalition with new polls next year. Annan has ruled out a recount and says Kenya is too unstable for new elections for at least a year.

Russia proposes space arms treaty

Russia and China have proposed a new international treaty to ban the use of weapons in outer space. At a disarmament conference in Geneva, Russia said world security would suffer if an arms race in space was not stopped. The draft treaty would prohibit the deployment of weapons in space and the use or threat of force against satellites or other craft, it said. The United States has long opposed being bound by such an agreement.

Russia in Ukraine missile threat

Russia says it may target missiles at Ukraine if it joins Nato and deploys the US missile defense shield.

Illegal downloaders 'face UK ban'

People in the UK who go online and illegally download music and films may have their internet access cut under plans the government is considering. Six million people a year are estimated to download files illegally in the UK. Music and film companies say that the illegal downloads cost them millions of pounds in lost revenues. Click here to read more.

9/11 suspects may face death penalty

The Pentagon announced Monday that it was seeking the death penalty against alleged Sept. 11 mastermind Khalid Shaikh Mohammed and five other men, in a move that will probably ensure that the controversial military commissions at the Guantanamo Bay prison live on into the next presidential administration. The murder and conspiracy charges against the six men accused of planning the 2001 attacks on the World Trade Center and the Pentagon would be the first capital cases against any of the nearly 800 detainees who have been brought to the U.S. military prison in Cuba.

Brazil poised for investment grade in '08

Brazil is poised to successfully weather a global economic slowdown and remains on track to reach an investment-grade credit rating this year. Analysts are confident that a robust domestic market will continue to drive the economy even in the event of a global slowdown. The country's economic fundamentals are strong enough for an investment-grade credit rating, which would allow the government to borrow at lower interest rates and attract a wider pool of investors.

Harsh Scrutiny for Title Insurers

The collapse of the housing boom is bringing harsh new scrutiny to the $17 billion title-insurance business, including allegations that insurers colluded illegally and paid kickbacks to agents or brokers to get business. In the latest legal challenge, an antitrust suit filed Feb. 1 in federal court in Brooklyn accuses the four firms that dominate title insurance nationwide of illegally fixing prices in New York state. Although insurance firms have limited immunity from antitrust claims because state regulators approve their rates, the suit accuses title firms of concealing improper costs underlying their rate requests.

EU warns firms on text charging

Europe's mobile phone operators have been warned they must cut the cost of texting messages and internet access for users who are overseas or face regulation.

GM losses prompt offer to unions

General Motors has offered voluntary redundancy to its 74,000 unionized workers after posting a record loss of $38.7bn during 2007. During the last three months of the year, it made a net loss of $722m, down from a profit of $950m a year earlier.

EU Raids Intel's Office in Germany

European regulators raided Intel Corp.'s German offices and some computer retailers, in European Commission's antitrust investigation into the chip maker's alleged anticompetitive practices. Intel said the commission had raided its Munich offices in Germany, and that the company was "cooperating with the investigation." The commission said in addition to a chip manufacturer's offices, it had raided the offices of several computer retailers, suspecting them of running a cartel or abusing their dominant position by squeezing out competitors from the market. The German conglomerate Metro AG confirmed that the commission had raided its computer sales businesses Media Markt and Saturn Holding GmbH.

Spielberg boycotts Olympic role 

US filmmaker Steven Spielberg withdraws as an artistic adviser to the Olympics over China's role in Darfur.

German cartel office raids chocolate makers

German officials investigating possible chocolate price-fixing have raided the offices of some of Europe's biggest confectionery companies. Nestle, Mars and Kraft confirmed that competition officials visited their German headquarters last Thursday. Four other chocolate companies were also examined by the German Federal Cartel Office. Nestle said it was cooperating with authorities and that price rises were due to rising costs of raw materials.

France, Brazil Forge Military Pact

France is ready to transfer technology to Brazil so that an attack submarine, helicopters and the Rafale fighter plane can be built there. Sarkozy said he did not want transfers to be limited to the military domain.

Brazil authorizes genetically modified crops

Brazil's National Biosecurity Council on Tuesday authorized the planting and sale of two types of genetically modified corn, angering some rural groups which consider them environmentally risky.

• Daily Press Review

SA moves to scrap Scorpions unit
BBC News, Centrist newscaster, London, England

North Kivu: Mr. Doss welcomes the progress achieved in the follow up of the Goma conference
CongoPlanet.com, Independent online news aggregator

NDC to train 120,000 polling agents
GhanaWeb, Online news portal, Amsterdam, Netherlands

Chad: EU Should Deploy Troops Now to Protect Civilians
Human Rights Watch (Africa), International news press releases

DA calls on Mbeki to quit
iafrica, Online news portal, Cape Town, South Africa

Elite crime fighters lose their sting
Independent Online, News portal, Cape Town, South Africa

Eish! Celine Dion keeps promise to Mandela
Mail & Guardian Online, Liberal, Johannesburg, South Africa

Venezuela's Coca Cola seeks government help to end labour trouble
Brazil Sun, Independent online news aggregator

APEC and EU-LAC Peru 2008 Summits - Daily Update
Living in Peru, News portal, Lima, Peru

Canadian diamonds, back in the rough
The Globe and Mail, Centrist daily, Toronto, Canada

Snow hammers GTA - again
Toronto Star, Liberal daily, Toronto, Canada

Indonesian court to summons Suharto's children in corruption case
Antara News, News agency, Jakarta, Indonesia

U.S. Seeking Clarification of Israeli Housing Plans
Chosun Ilbo, Conservative daily, Seoul, South Korea

Violence in Nashik, Pune; Centre sends more forces
India Express, News portal, Mumbai, India

Servant kills senior citizen in Gurgaon
India Times, Conservative daily, New Delhi, India

Reducing accidental deaths in hospitals
Japan Times, Independent centrist, Tokyo, Japan

Tiger body parts sold openly in Indonesia
Malaysian Star, Online news portal,  Selangor Darul Ehsan, Malaysia

Road rage pair who bashed, stripped teens avoid jail
New Zealand Herald, Conservative daily, Auckland, New Zealand

UAE, Egyptian presidents meet over Mideast peace, bilateral ties
People's Daily Online, English-language, Beijing, China

Children with pictures of members of the stolen generations.
Sydney Morning Herald, Centrist daily, Sydney, Australia

Talks finalised for more Russian nuclear reactors
The Hindu, Left-leaning daily, Chennai, India

Australia apologises to Aborigines
BBC News, Centrist newscaster, London, England

Ukraine and Russia end dispute over gas
International Herald Tribune, Independent daily, Paris, France

True scale of CO2 emissions from shipping revealed
The Guardian, Liberal daily, London, England

One in five children growing up on benefits
The Telegraph, Conservative daily, London, England

Steven Spielberg pulls out of Olympics in protest at China's policy on Darfur
Times Online, Conservative daily, London, England

IDF Trackers Suspected in Smuggling Ring
Arutz Sheva, Online, right-wing, Tel Aviv, Israel

Iraq: Muqtada al-Sadr's office in Basra condemns journalists' kidnapping
Asharq Al-Awsat, Pan-Arab daily, London, England

Pentagon seeks death for six in 9/11 plot
Gulf News, Independent daily, Dubai, United Arab Emirates

Housing Min.: Politicians not delaying E. J'lem Jewish construction
Haaretz, Liberal daily, Tel Aviv, Israel

Egypt: In spite of U.S., Cairo Welcomes Iranian Overtures
IPS Middle East, International cooperative of journalists, Rome, Italy

Zain Bahrain deploys XIUS-bcgi's InstaRoam roaming solution
Middle East North African Network, Online financial portal, Amman, Jordan

State of Emergency in East Timor
Nahamet, Online news portal, Beirut, Lebanon

Iraq's speaker threatens to scrap Parliament over budget brawl
The Daily Star, Independent daily, Beirut, Lebanon

Saleh forms new committee to end Sa'ada turmoil 
Yemen Times, Independent weekly, Sana'a, Yemen

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