Mohammed Mugraby
We have to confront, as well, the problems posed by Shari'a in the Arab world today. The problems are sometimes exaggerated, but they should not be ignored. The first problem is gender equality. Women are unequal in all areas of the law. You can't ignore it if you believe in applying the Universal Declaration and the Covenants. And, you can't overcome it through theological argument with religious leaders. The only solution is the one which the West adopted--separation of church and state.
The second issue is criminal punishment under the Huddud law. Luckily, Huddud laws are not enforced, except in very few regions--essentially Saudi Arabia and some parts of the Arabian Gulf. The problem is largely confined, and international human rights organizations such as Amnesty International and Human Rights Watch have been addressing it vigorously.
Finally, there is the question of conscience and belief. Here, I am particularly concerned with Shari'a's position on the right of a Muslim to cease being Muslim, whether by converting or engaging in behavior deemed anti-religious. Consider what happened to Nasr Hamed Abou Zeid, who was accused of apostasy and then taken to court where divorce proceedings were initiated against his will, and that of his wife, on the basis that no Muslim woman should be married to a non-Muslim, particularly an apostate. What belongs to the state, belongs to the state, and what belongs to the religions, belongs to the religions.
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