Soren wrote on Mar 2
nd, 2013 at 6:48pm:
There is not the remotest push for elevating canon law to the law of the land. Equating canon law with sharia is just plain ignorant.
Why? Sharia courts do pretty much the same thing as the church - namely, they perform marriages and grant divorces.
Outside of the one country I can think of that officially practices sharia law - Saudi Arabia - shariah law is civil law. It mediates disputes. It's illegal
within sharia law to make rulings contrary to the law of the land - and this is grounds to overturn a sharia decision. A sharia court cannot overturn a ruling made in a civil, family or criminal court. This
is sharia law.
Sharia courts rule solely on custody, divorce and property-settlement matters where rulings have not been made in a civil or family court.
How is this any different to the Catholic church absolving marriages or giving advice?
Well, in a sharia court, you meet the judges and present your case. Their deliberations are minuted, and their decisions can be appealed. Their deliberations are open and transparent. They aim to work with the will of each party, as they know this is how any ruling will ultimately play out - between people, not people and an abstract sovereign body such as a church or state.
As far as I understand, when the Catholics rule on these matters, a decision is made by priests and bishops behind closed doors and handed down the line. The church's word is final - as far as I understand.
So forgetting all the 50 lashes and beheading and stoning - illegal under sharia law where other jurisdictions take precedence - what exactly makes it worse than what the Vatican practices?
Church and state? Where there
is a state, its courts take precedence over sharia law. It happens all the time - people who don't like the sharia courts' decisions, take their matters to the family or civil courts. Sharia courts are powerless, and they know it. They also respect the law - in their very own law.
So all the knuckleheads calling for sharia law are either misguided or misquoted. And all the knuckleheads trying to ban or forbid it have no idea what its powers are. It is, essentially, a mediation service.
As it is illegal under sharia to rule against any legal decisions made by the courts of the land. The separation of powers - and church and state - is built into sharia law.
I'm not sure if the same can be said for Catholic rulings. It's rare today, but it wasn't so long ago when divorced Catholics would be banished from the church.