Shariah Law is Law

Many in Pakistan, including its president, are angry over the release of an American contractor accused of killing two Pakistani motorcyclists. The contractor, Raymond Davis, was freed and allowed to leave the country after paying the victim's families an unspecified amount of money. The arrangement was made with local tribal leaders with the help of the Pakistani government. The families of the two slain men agreed to accept "blood money" instead of pursuing the matter in court. After the agreement with the victim's' families was reached, Davis quickly left the country. Although the agreement was made in accordance with Shariah law it was not made in a Shariah court under Islamic judges as Shariah law requires. Once word got out, Islamic groups, as well as rank and file Pakistanis, became furious and took to the streets.

The U.S. has often looked askew at Islamic law, particularly Shariah law. Shariah law is frequently perceived in the West as antiquated and, in some cases, even barbaric. Normally, the U.S. would protest if one of its citizens were to be subjected to Shariah law. Yet, in this case, to circumvent Pakistani law, the U.S., with help from the Pakistani government, made an appeal to local leaders to negotiate terms for Davis's release under Shariah law. Those terms were agreed upon and Davis was released.

Many of the rules, procedures, and punishments permitted under Shariah law are repugnant to American sensibilities. For example, under Shariah law it is permissible for a husband to beat his wife so long as no marks are left. It is almost impossible to imagine a circumstance under which the U.S. would support an appeal to Shariah law on behalf of one of its citizens. I say almost impossible because it does happen, much to Davis' relief. Before Davis' case I would have said impossible, as I am sure many would have.

The U.S. is a staunch advocate of the rule of law, and it remains so. It can be flexible regarding which law when the situation demands. In Davis' case, it was decided that a more advantageous outcome could be attained under Shariah law than secular law so secular court was avoided. So, Davis is free, the U.S. is relieved, the victim's family is satisfied, and Pakistanis are furious. It is a win, win, win, lose situation.

Like "reform", when the U.S. speaks of the rule of law it usually has something very particular in mind. In any event, we should not expect the U.S. to support another appeal to Shariah law any time soon.