In the United States we have all across this country, we have dozens of Halakha courts, in which particularly observant Jews can take these issues of family law to an orthodox Court and have that judge, judge for them. As long as the courts don't violate the laws of the land and as long as there's a room for appeal should one or two parties disagree with the verdict, I don't see how this would have anything to do with being incompatible with what we refer to as Western ideas of democracy.
Mark DurieWe must recognise - both Muslims and non- Muslims, that the Koran is a text. We need human engagement with that text, so we have to understand that the rulings and the legal rulings are produced are channelled through the human mind, it's an interpretive act of a human being engaging and interacting with a text producing legal results. Because of that it's susceptible to flaws, it is not perfect. Nobody has perfect access to the divine will.
Mark DurieWe only have one penal code in the United States, and it applies in every single state, every city, no matter who is there. This is part of the fear mongering, that has gripped the United States, the notion that we need to pass a law forbidding the institution of a foreign Law in the United States when it is forbidden by the constitutions is yet another example of targeting Muslim communities because they are seen as different, or exceptional in other ways.
Mark DurieThere are three foundational issues or three divisions that I should say that Sharia fits into, one is penal law of course and that is what gets all the attention, there's two countries in the world right now that actually have a Federal mandate to enact penal law according to the Sharia, that's Saudi Arabia, and Iran.
Mark DurieThere are some disturbing messages in the Koran, there were declarations of war against non-believers, there's a declaration that Islam should be triumphant over other religions, the problem is this is not just in the book, but preached throughout the Islamic world that are preached, we in the West hear about that.
Mark Durie