08 June 2009
The Archbishop of Canterbury sparked controversy in February last year, when he suggested that adoption of aspects of Sharia law would become "unavoidable" in the UK. Dr Rowan Williams said that implementing some elements of Muslim regulation, such as those concerning marital disputes of financial matters, would help social cohesion.
Months later, the Lord Chief Justice backed the Archbishop's comments, saying principles of Sharia law could play a role in some parts of the legal system. In a speech at the East London Muslim Centre in Whitechapel, he commented: "There is no reason why Sharia principles, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution."
"It must be recognised, however, that any sanctions for a failure to comply with the agreed terms of mediation would be drawn from the laws of England and Wales," he added.
Jack Straw, Secretary of State for Justice and Lord Chancellor, said that Muslim courts would have to remain subservient to UK law, however. "There is nothing whatever in English law that prevents people abiding by Sharia principles if they wish to, provided they do not come into conflict with English law," he stated.
Practices such as flogging, stoning and cutting off hands have been highlighted in the media as examples of the potential dangers of incorporating sharia law, although there are also elements that do not contravene UK principles.
Rulings are based on helping Muslims to lead every aspect of their lives according to God's wishes. Many people also seek advice from websites and helplines when dealing with questions surrounding Sharia law.
One of the areas in which Muslim regulations have already been incorporated into British law is in the financial sector, with the Treasury already having approved Sharia-compliant products. The central principle of Islamic finance is that money has no intrinsic value, so as a matter of faith, Muslims cannot lend or receive funds and expect to benefit via interest.
Making money from money is forbidden in the Islamic religion. Muslims believe that wealth can only be gained through legitimate trade and investment in assets. As such, there are banks that specialise in providing financial facilities that adhere to the principles set out in the Qur'an. Islamic principles can also apply when writing a will and there are family lawyers that are experts in Sharia-compliance.
In September last year, the government sanctioned Islamic law for use in Muslim civil courts. Sharia judges now have the legal power to rule on cases such as divorce, financial disputes and even domestic violence.
Prior to that, rulings could not be enforced under British law, but now powers have been set up in a network of Sharia courts in London, Birmingham, Bradford and Manchester, headquartered in Nuneaton in Warwickshire.
Lawyer Sheikh Faiz-ul-Aqtab Siddiqi, whose Muslim Arbitration Tribunal runs the courts, explained that a clause in the Arbitration Act 1996 allowed the judges to have greater powers.
"We realised that under the Arbitration Act we can make rulings which can be enforced by county and high courts. The act allows disputes to be resolved using alternatives like tribunals. This method is called alternative dispute resolution, which for Muslims is what the sharia courts are," he said.
We at the family law team at B P Collins are acutely aware of the sensitive issues involved in Sharia law separations and work carefully with our clients to ensure that we proceed at a pace which accords with this. We can speak to independent Sharia advisors and members of the community as required.
If you would like to speak to one of B P Collins' experts in family law, please call 01753 279045, complete the online enquiry form or email familylaw@bpcollins.co.uk.
* Please note that B P Collins are not Sharia Law experts |
