Writes Ayaan Hirsi Ali on How do you solve a problem like sharia? in The Austrailian:
As a moral and legal code, sharia law is among the most dehumanising, demeaning and degrading for women ever devised by man:
- Under sharia law, a woman’s testimony is worth half of a man’s testimony in court (Koran 2:282).
- Under sharia law, men are the “guardians” of women; women are to be obedient to men, and husbands may beat their wives for disobedience (Koran 4:34).
- Under sharia law, a woman may not refuse sexual access to her husband unless she is medically incapable or menstruating, a teaching based partly on Allah himself saying in the Koran, “Your women are a tillage for you; so come unto your tillage as you wish” (Koran 2:223)
- Under sharia law, a woman inherits less than a man, generally half as much, again based on holy writ: “Allah enjoins you concerning your children: the male shall have the equal of the portion of two females” (Koran 4.11, 4.12).
- Under sharia law, men and women who commit fornication are to be flogged. As to the punishment for fornicators, the Koran says: “Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment” (Koran 24:2).
- Under sharia law, a man may unilaterally divorce his wife through talaq, whereas women are limited to divorce either under specific circumstances, such as the husband’s impotence, or with the husband’s consent and payment of a certain amount of money (khul).
- Sharia law permits fathers to contract binding marriages for their children so long as they are minors; and although a boy married against his wishes may exercise his power to divorce his wife unilaterally once he matures, a girl’s exit from such an unwanted marriage is much more difficult.
- Under sharia law, the custody of children is generally granted to fathers, and mothers lose custody if they remarry because their attention is supposed to go to their new husbands.
Although majority-Muslim countries have in practice abolished slavery (Saudi Arabia did so mainly as a result of foreign pressure in 1962), slavery still has not been abolished in sharia law. Sexual slavery was common in Islamic history and is accepted by sharia law.
Defenders of sharia note that in some respects, Islamic law improved the position of women in 7th century tribal Arabia, for instance by categorically banning female infanticide. Yet surely, in the 21st century, we can set the bar higher than that?
Hirsi Ali also brings up the dangers of the “privately enforced” sharia-lite where Muslims:
…sharia lite is informally enforced within Muslim communities in Western countries, including Australia. In Australia, Islamists rely on sharia law to arbitrate divorces and inheritance disagreements. In 2015, a journalist writing in this newspaper observed that “given the undercover application of sharia law, often within mosques, there is little scrutiny of the process and the fairness of the adjudications”.