Author Topic: Is there any place for Sharia Law in the United Kingdom?  (Read 12276 times)

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Offline Carana

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #15 on: July 13, 2016, 06:42:58 AM »


DOI: 10.5176/2251-2853_3.2.161

Authors: Letizia Riccardi

Abstract:

This study explores the debate concerning the implementation of Sharia Law in Britain and its consequences for the Muslim community. In recent years, Muslims in the UK have expressed particular needs: not only active participation in politics, economics and society at large, but also legal recognition as Muslim citizens, claiming for the development of a parallel legal system opposed to State Law. Operating under the Arbitration Act (1996), 85 Sharia Courts in Britain are today recognised as providing a form of Alternative Dispute Resolution (ADR). Existing literature has outlined a broad historical and contextual background and has mainly focused on theoretical understandings, while little attention has been paid to the experience of the individual and the key issue of power with regards to gender relations. Since the majority of users of Sharia Councils are women, this study aims to investigate the issue of power with regards to gender relations and find out whether such unofficial mediation practices lead to equal treatment of men and women.

Keywords: Alternative Dispute Resolution, Gender, Legal Pluralism, Sharia Law
http://dl4.globalstf.org/?wpsc-product=women-at-a-crossroads-between-uk-legislation-and-sharia-law


Offline Carana

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #16 on: July 13, 2016, 06:53:43 AM »
New Bill on Sharia law introduced in House of Lords
June 9th, 2011
Email

A new Bill has been introduced in the House of Lords by Baroness Cox, which reportedly will introduce an offence carrying a five-year jail sentence for anyone falsely claiming that Sharia courts or councils have legal jurisdiction over family or criminal law. The Arbitration and Mediation Services (Equality) Bill is a Private Members’ Bill.

In recent years, the BHA has worked with others including ethnic minority women’s groups, lawyers and those working directly with women who use Sharia councils, in order to develop our own thinking and policy on these difficult issues. We have also spoken publicly on the issue of Sharia law and women’s rights in a number of forums.

In response to the BHA’s representations, the previous government was explicit that English courts do not recognise the judgments of Sharia councils as legally binding judgements. In other words, the ‘rulings’ of religious bodies – whether Sharia councils, the Jewish Beth Din, Roman Catholic ecclesiastical authorities or any other private establishment making pronouncements on religious rules – have no enforceability in English law. When meeting the present Justice minister Lord McNally, we clarified that this was the case.

However, the BHA is aware that under civil law and specifically the Arbitration Act, there are some circumstances where decisions will be made in religious councils which – if they are not illegal under English law – could be binding, just as the decision by any other private individual acting as ‘arbitrator’ under the Arbitration Act might be. This is greatly concerning.

In addition the Crown Prosecution Service may on occasion have referred cases to Sharia councils. The BHA believes those kinds of actions, or any de facto recognition of religious law and religious judges or tribunals by English authorities, are totally unacceptable.

BHA Head of Public Affairs Naomi Phillips commented, ‘Many religious “laws” are inherently gender unequal, and as such are antithetical to the principles of democracy and the rule of law which we uphold in a liberal democracy. We welcome any clarification that religious laws, judges and tribunals should have no de facto or legal recognition in English law and have no standing in our domestic courts, as this new Bill may seek to do. Just as important is that government and others should undertake serious and wide-ranging work to ensure that women and men from every part of society, right from school age, understand their civil rights as citizens.’

Notes:

For further comment or information contact Naomi Phillips at naomi@humanism.org.uk or 020 7079 3585.

Click here to read the Bill, and here for the explanatory notes.

The British Humanist Association is the national charity working on behalf of ethically concerned, non-religious people in the UK. It is the largest organisation in the UK campaigning for an end to religious privilege and to discrimination based on religion or belief, and for a secular state.

https://humanism.org.uk/2011/06/09/news-822/

It seems that the Bill is only at the first reading in the House of Lords...
http://services.parliament.uk/bills/2016-17/arbitrationandmediationservicesequality.html

The Bill:
http://www.publications.parliament.uk/pa/bills/cbill/2015-2016/0136/cbill_2015-20160136_en_2.htm#pt1-l1g1



« Last Edit: July 13, 2016, 06:56:38 AM by Carana »

Offline Carana

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #17 on: July 13, 2016, 07:08:54 AM »
The way I understand it is that if any of it contravenes UK law its not allowed, so eg members of that communty might decide not to eat pizza on a tuesday if thats part of their "religious law" but theycant go hacking off thiefs hands eg

   @)(++(*

Sort of, but it seems to be a bit more than that.




Offline Carana

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #18 on: July 13, 2016, 07:29:05 AM »
The Jewish faith appears to have a similar system (Beth Din).
https://www.theguardian.com/law/2016/jun/27/mps-launch-inquiry-sharia-law-courts-uk

Offline mercury

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #19 on: July 14, 2016, 12:37:14 AM »
   @)(++(*

Sort of, but it seems to be a bit more than that.


Wonder how May is going to reconcile the two projects/laws which are linked if she is as she says going to eradicate inequality and injustice throughout society

https://www.theguardian.com/society/2014/dec/18/theresa-may-domestic-abuse-offence-coercive-behaviour


Offline Miss Taken Identity

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #20 on: July 14, 2016, 04:43:08 PM »
No if's No But's No sharia LAW, or any other religious LAW.  One law for everyone, and anyone assuming to have legal hold over another citizen according to having 'conversations, and being appointed by a powerful invisible being in sky should be diagnosed as having a mental illness and treated accordingly. IMO. Religion has no place in politics.
'Never underestimate the power of stupid people'... George Carlin

Offline Jean-Pierre

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #21 on: July 14, 2016, 04:54:44 PM »
No if's No But's No sharia LAW, or any other religious LAW.  One law for everyone, and anyone assuming to have legal hold over another citizen according to having 'conversations, and being appointed by a powerful invisible being in sky should be diagnosed as having a mental illness and treated accordingly. IMO. Religion has no place in politics.

I happen to agree with you on that. 


Offline Miss Taken Identity

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #22 on: July 14, 2016, 05:16:45 PM »
Just to say I didn't add this thread, someone else did.
'Never underestimate the power of stupid people'... George Carlin

stephen25000

  • Guest
Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #23 on: July 14, 2016, 06:08:01 PM »

Offline Carana

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #24 on: July 14, 2016, 08:21:37 PM »
I happen to agree with you on that.

I don't have a problem with faith-based arbitration (minor squabble) courts provided that:

a) both parties are informed of their rights and duties under UK law
b) the decision to do so is truly consensual
c) that the potential decisions are not in contradiction with any UK law

If people of the Green Onion faith take an issue to their arbritration service, and the decision for the losing party is a ban on eating tomatoes for a month, then I don't see the big deal.



Offline blonk

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #26 on: July 15, 2016, 02:48:48 PM »
We should be better informed next year;

26th May 2016
An independent review into the application of sharia law in England and Wales has been launched by Home Secretary Theresa May today.
https://www.gov.uk/government/news/independent-review-into-sharia-law-launched
There are real doubts as to whether this will be yet another Theresa May enquiry/review which gets nowhere because (either negligently or wilfully) she has put wholly the wrong people in charge.

From upthread:

"Professor Mona Siddiqui will chair the committee, assisted by retired high court judge Sir Mark Hedley, leading family solicitor Anne Marie Hutchinson QC and family law barrister Sam Motaz; as well as Imam Sayed Ali Abbas Razawi, who lectures in philosophy and theology, and Imam Qari Asim, the chief Imam at a mosque in Leeds".

As can be seen by articles in the Independent (9 July) and the Express (13 July) and other recent articles, over 200 individuals and groups representing women and ex-Muslims and a galaxy of human rights groups are unanimous in calling for the review to be scrapped and a new one set up with an independent judge in charge.

The basic question is whether or not Sharia law should have any place in this country, given the way it daily dispenses justice against women - tolerating domestic violence by men, granting grossly unfair divorces, unequal treatment in inheritance law and on other financial issues etc. etc.

It is wholly male justice using texts which inter alia say that a woman's evidence is half that of a man.

Mona Siddiqui is a smug university professor who constantly promotes Islam, never criticises it, and is on record as saying we may need to 'look' at how Sharia law operates but has never said there is a case for getting rid of these discriminatory Sharia courts.

And to help her reach a decision on this matter, she is assisted by two male imams (!), but no representatives of ex-Muslim or women's rights groups.

May made similar blunders with the child abuse inquiry now under Lady Goddard, first appointing Lady Woolf (close to Leon Brittan) and then Lady Butler-Sloss. Both had to be abandoned under pressure from groups representing child sexual abuse victims.

It's another 'May mess' - which will now have to be sorted out by Amber Rudd. 

           


 

Offline John

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #27 on: July 17, 2016, 02:19:52 PM »
The way I see it, foreigners of any religion coming to the UK must accept that we have our own laws and moral values which have been formed over many generations.  Being accepted into this country requires that they comply with those codes but this is not always happening.  We have massive discrimination against foreign women by their male counterparts, forced and underage marriages, human trafficking, enslavement, female genital mutiliation and much more.  As more and more immigrants are being assimiliated into our society is it not time these issues were addressed instead of sweeping them under the carpet?
« Last Edit: July 20, 2016, 05:00:30 PM by Angelo222 »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Carana

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #28 on: July 17, 2016, 03:58:19 PM »
The way I see it, foreigners of any religion coming to the UK must accept that we have our own laws and moral values which have been formed over many generations.  Being accepted into this country requires that they comply with those codes but this is not always happening.  We have massive discrimination against foreign women by their male counterparts, forced and underage marriages, human trafficking, enslavement, female genital mutiliation and much more.  As more and more immigrants are being assimiliated into our society is it not time these issues were addressed instead of sweeping them under the carpet?

Yes, of course, but many of the practices that you mention are illegal under UK law anyway. 

In the areas in which disputes can currently be taken to Sharia courts (as an alternative option to UK lower courts), I don't really see the connection, except for where the option is misused / abused.

There is a similar option for Jews (how well that works in practice, I have no idea).

The inquiry seems to be a worthwhile exercise in which i's can be dotted and t's crossed.


Offline Alice Purjorick

Re: Is there any place for Sharia Law in the United Kingdom?
« Reply #29 on: July 17, 2016, 06:08:51 PM »
Yes, of course, but many of the practices that you mention are illegal under UK law anyway. 

In the areas in which disputes can currently be taken to Sharia courts (as an alternative option to UK lower courts), I don't really see the connection, except for where the option is misused / abused.

There is a similar option for Jews (how well that works in practice, I have no idea).

The inquiry seems to be a worthwhile exercise in which i's can be dotted and t's crossed.

Therein lies the problem. Any new law must pass "The LBJ Test"*. Too many are flung together to satisfy one pressure group or another or make the government of the day look as though it has its finger on the pulse.

* "You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered". Lyndon B. Johnson
 or if you will Robert Townsend "It is ten times easier to start something than it is to stop it". (roughly)
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey