The Economist: Defining the limits of exceptionalism

The Church of England uses ancient canon laws to govern the use of church property and its internal workings. But like the monarchy, it knows that the way to retain some vestigial authority is to give up most powers that could be controversial.

What has upset the old equilibrium, say law pundits in several countries, is the emergence all over the world of Muslim minorities who, regardless of what they actually want, are suspected by the rest of society of preparing to establish a “state within a state” in which the writ of secular legislation hardly runs at all. The very word sharia””which at its broadest can imply a sort of divine ideal about how society should be organised, but can also refer to specific forms of corporal and capital punishment””is now political dynamite.

That has rendered controversial some things that were once well accepted, like the existence of arbitration services which lighten the burden of the state by providing an alternative arena in which disputes can be settled. As Maurits Berger, a Dutch specialist on Islam and the law, points out, most English-speaking countries have a tradition of dealing with family law through arbitration””voluntary procedures to whose outcome the parties are bound. (Things are different in continental Europe, where the nearest equivalent is non-binding mediation services.)

The Canadian province of Ontario is the clearest case of an English-speaking place where fear of Islam made religious arbitration untenable. An uproar began in 2003 when Syed Mumtaz Ali, a retired Ontario lawyer, said he was setting up a sharia court to settle family law disputes for Muslims. Such arrangements were allowed by the province’s 1991 Arbitration Act and could carry the force of law.

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