The Archbishop and religious law

For the past day or two I’d been working on an essay about Rowan Williams, the Archbishop of Canterbury, and his recent remarks that seemed to imply ‘that some aspects of Muslim Sharia law could become part of British law.’ Of course, as is so often the case, Dr. Williams said nothing of the sort, but made it very easy for various parties—notably the media, who love a good controversial headline—to misinterpret what he had said. The full text of what he actually said, if you can parse the highly technical and academic language, is up at the Archbishop’s website. I was going to go through the relevant bits and try to pick them part, but now that I’ve read today’s Language Log, I’ve discovered suddenly that everything I could think of had been written by Geoff Pullum, with at least twice as much erudition and snark as I could manage on a good day.

Pullum’s key opinion is that Dr. Williams is an unsuitable leader for the Anglican church because he cannot ‘do the demanding job of holding this figurehead position without causing his church to fall apart in social and political discord.’ He further points out that Dr. Williams also took a number of positions on homosexuality that caused dissension in various sizable wings of the church. ‘The people who say he lacks the leadership skills for his job are basically right,’ says Pullum:

Dr Williams is a gentle, learned, brilliant, scholarly man, and a bit of a public relations doofus. I hate to say it, but the calls for his resignation are not unjustified. He should be the holder of an endowed Professorship of Theology and Law at some top-ranking university. He should not be a prominent church administrator, and certainly not the Archbishop of Canterbury. Someone duller, more political, less original, and less intelligent must be found for that job.

Absolutely true, but I have a few caveats to add: First, would there really be no controversy if Dr. Williams were a professor somewhere, and not the Primate of all England? Just think of Ward Churchill and the media furor that surfaces whenever he opens his mouth. Furthermore, is it the case that religious leaders should not voice their political opinions? In other words, is it appropriate for a religious leader to use his religious pulpit as a political bully pulpit? (I have a very strong personal bias against this, but from a conceptual point of view I’m not sure what the answer is.)

But finally, this doesn’t address the underlying issue: to what extent should the secular state accommodate religious law? Back in 2004 there was a controversy in Ontario in which it was proposed to include shari’ah law in the Arbitration Act, which would make decisions rendered by shari’ah courts regarding private disputes legally binding. This had some Muslims, notably the Council on American-Islamic Relations Canada, worried that this would create a ’slippery slope’ and end up hurting Muslims more than it helped them. What do you do, for example, to prevent people—notably women—from being ‘coerced’ into using a system in which they might run the risk of unfair treatment? And what do you do when your religious law comes into conflict with established civil law? (And it is important to note that this is not just a Muslim concern; Jews, especially of the more Orthodox varieties, have many of the same problems with their own shadow court system, especially with the agunah problem).

Of course, there are no easy answers here: after all, this is one of the central post-Enlightenment questions in the Western world. But hopefully the current case of Dr. Williams can provide another data point and perspective in the current conversation, if we can get past the stupidity and sensationalism brought about by the media.