Law of the Land or Sacred Law?
October 4th 2006 01:32
To continue a theme I wrote on recently, I'd like to address the issue of law, both civil and sacred and discuss which is best suited to assuring a well ordered society.
For a society to coexist peacefully on the same piece of territory and to live together as neighbours it is imperative that a large majority of them subscribe to the civil law.
Cooperating in civil society involves a sacrifice of one's own desires and a discipline to treat one's neighbours fairly and equally. Major problems arise when a large group of citizens place their allegiance in some law other than the law of the land. We have seen this in the case of indigenous communities in both Australia and New Zealand which claim allegiance to a traditional law rather than the common law. Special treatment for any group is seen to be unjust and breeds resentment. Citizens feel a sense of ownership of their common law and expect all citizens to be bound by it.
We also see this conflict arise when Muslims claim allegiance to a higher law which differs from the law of the country in which they live. The latest example of this is the case of Robert Redeker, a teacher and writer living in France. Redeker published an article describing the Koran as a "book of extraordinary violence" and Islam as "a religion which... exalts violence and hate". OK, it not the most civil thing to say nor is it perhaps the smartest thing to say in France at the moment. But it's not illegal to hold or express such views. Redeker has broken no laws and should be allowed to express his opinions within the bounds of the law.
However, Redeker is now receiving round-the-clock police protection in France and living in a succession of safe houses because he's received death threats from Muslim offended by his comments.
He told i-TV television he had received several e-mail threats targeting himself and his wife and three children, and that his photograph and address were available on several Islamist Internet sites. "There is a very clear map of how to get to my home, with the words: 'This pig must have his head cut off'" he said.
My point is that if the Muslims offended by Redeker's comments put the law of their land first they could respond in a number of ways without disturbing the civil peace. They could hold peaceful and lawful protests, they could lobby politicians to have the law changed, they could write articles in defence of their religion rebutting Redeker's point of view. All this would be perfectly lawful and they are perfectly entitled to take any or all of these courses of action.
What they should not do is threaten to kill him.
Of course this is not the first time the Muslim word has been outraged by perfectly legal comments made by westerners. Daniel Pipes provides this list.
1989 Salman Rushdie's novel, The Satanic Verses prompted Ayatollah Khomeini to issue a death edict against him and his publishers, on the grounds that the book "is against Islam, the Prophet, and the Koran." Subsequent rioting led to over 20 deaths, mostly in India.
1997 The U.S. Supreme Court refused to remove a 1930s frieze showing Muhammad as lawgiver that decorates the main court chamber; the Council on American-Islamic Relations made an issue of this, leading to riots and injuries in India.
2002 The American evangelical leader Jerry Falwell calls Muhammad a "terrorist," leading to church burnings and at least 10 deaths in India.
2005 An incorrect story in Newsweek, reporting that American interrogators at Guantánamo Bay, "in an attempt to rattle suspects, flushed a Qur'an down a toilet," is picked up by the famous Pakistani cricketer, Imran Khan, and prompts protests around the Muslim world, leading to at least 15 deaths..
February 2006 The Danish newspaper Jyllands-Posten publishes twelve cartoons of Muhammad, spurring a Palestinian Arab imam in Copenhagen, Ahmed Abdel Rahman Abu Laban, to excite Muslim opinion against the Danish government. He succeeds so well, hundreds die, mostly in Nigeria.
September 2006 Pope Benedict XVI quotes a Byzantine emperor's views that what is new in Islam is "evil and inhuman," prompting the firebombing of churches and the murder of several Christians.
For a society to coexist peacefully on the same piece of territory and to live together as neighbours it is imperative that a large majority of them subscribe to the civil law.
Cooperating in civil society involves a sacrifice of one's own desires and a discipline to treat one's neighbours fairly and equally. Major problems arise when a large group of citizens place their allegiance in some law other than the law of the land. We have seen this in the case of indigenous communities in both Australia and New Zealand which claim allegiance to a traditional law rather than the common law. Special treatment for any group is seen to be unjust and breeds resentment. Citizens feel a sense of ownership of their common law and expect all citizens to be bound by it.
We also see this conflict arise when Muslims claim allegiance to a higher law which differs from the law of the country in which they live. The latest example of this is the case of Robert Redeker, a teacher and writer living in France. Redeker published an article describing the Koran as a "book of extraordinary violence" and Islam as "a religion which... exalts violence and hate". OK, it not the most civil thing to say nor is it perhaps the smartest thing to say in France at the moment. But it's not illegal to hold or express such views. Redeker has broken no laws and should be allowed to express his opinions within the bounds of the law.
However, Redeker is now receiving round-the-clock police protection in France and living in a succession of safe houses because he's received death threats from Muslim offended by his comments.
He told i-TV television he had received several e-mail threats targeting himself and his wife and three children, and that his photograph and address were available on several Islamist Internet sites. "There is a very clear map of how to get to my home, with the words: 'This pig must have his head cut off'" he said.
My point is that if the Muslims offended by Redeker's comments put the law of their land first they could respond in a number of ways without disturbing the civil peace. They could hold peaceful and lawful protests, they could lobby politicians to have the law changed, they could write articles in defence of their religion rebutting Redeker's point of view. All this would be perfectly lawful and they are perfectly entitled to take any or all of these courses of action.
What they should not do is threaten to kill him.
Of course this is not the first time the Muslim word has been outraged by perfectly legal comments made by westerners. Daniel Pipes provides this list.
1989 Salman Rushdie's novel, The Satanic Verses prompted Ayatollah Khomeini to issue a death edict against him and his publishers, on the grounds that the book "is against Islam, the Prophet, and the Koran." Subsequent rioting led to over 20 deaths, mostly in India.
1997 The U.S. Supreme Court refused to remove a 1930s frieze showing Muhammad as lawgiver that decorates the main court chamber; the Council on American-Islamic Relations made an issue of this, leading to riots and injuries in India.
2002 The American evangelical leader Jerry Falwell calls Muhammad a "terrorist," leading to church burnings and at least 10 deaths in India.
2005 An incorrect story in Newsweek, reporting that American interrogators at Guantánamo Bay, "in an attempt to rattle suspects, flushed a Qur'an down a toilet," is picked up by the famous Pakistani cricketer, Imran Khan, and prompts protests around the Muslim world, leading to at least 15 deaths..
February 2006 The Danish newspaper Jyllands-Posten publishes twelve cartoons of Muhammad, spurring a Palestinian Arab imam in Copenhagen, Ahmed Abdel Rahman Abu Laban, to excite Muslim opinion against the Danish government. He succeeds so well, hundreds die, mostly in Nigeria.
September 2006 Pope Benedict XVI quotes a Byzantine emperor's views that what is new in Islam is "evil and inhuman," prompting the firebombing of churches and the murder of several Christians.
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Comment by nagster
Cenacle
Comment by nagster
Cenacle