Is there any place for Sharia Law in the United Kingdom?

[Miss Taken Identity]

Sharia law is delivered by muslim men, and allowed and supported by the UK by the demands of the muslim council of Great Britain.... yeah and guess who they associate with and support?

37

[G-Unit]

Sharia law is delivered by muslim men, and allowed and supported by the UK by the demands of the muslim council of Great Britain.... yeah and guess who they associate with and support?

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

[Miss Taken Identity]

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

Ofcourse there is absolutely no real legal reason for them having their own laws to follow.  Don't we have our own Laws? are we not not all equal in the eyes of the law? who's law  can we all have our own laws please?  Welcome to Islamabad mentality. The establishment have known about this for years, and kept it hidden from you the voting public!

[stephen25000]

Sharia law is delivered by muslim men, and allowed and supported by the UK by the demands of the muslim council of Great Britain.... yeah and guess who they associate with and support?

You do realize that not all Muslims want Sharia Law, don't you ?

[Miss Taken Identity]

You do realize that not all Muslims want Sharia Law, don't you ?

Indeed Stephen, so why are we being forced to have this addition for the bleating minority? It should be thrown out and the perpetrators sent back to Turkey, the country to take out vacant seat in the EU.

I will bet it is being instigated by illegal immigrants who claimed asylum from their mother land who were persecuting them > poor souls!

[stephen25000]

Indeed Stephen, so why are we being forced to have this addition for the bleating minority? It should be thrown out and the perpetrators sent back to Turkey, the country to take out vacant seat in the EU.

I will bet it is being instigated by illegal immigrants who claimed asylum from their mother land who were persecuting them > poor souls!

So while we're at it, why not throw all the scroungers of UK origin out as well ?

[Miss Taken Identity]

So while we're at it, why not throw all the scroungers of UK origin out as well ?

No, for the simple reason, their fathers and forefathers gave their lives for this country, and also paid their taxes for their children to enjoy a better life than thay had. It is being denied them and many people are not happy about it.

[G-Unit]

Ofcourse there is absolutely no real legal reason for them having their own laws to follow.  Don't we have our own Laws? are we not not all equal in the eyes of the law? who's law  can we all have our own laws please?  Welcome to Islamabad mentality. The establishment have known about this for years, and kept it hidden from you the voting public!

The precedent to consider is the Roman Catholic Church and their Canon Laws. The Church has courts, judges and all the other institutions of a legal system.

Their stance on marriage is that it's forever if it takes place in the Church. If you then get a civil divorce they don't recognise it or any new marriage, They don't recognise same sex marriage at all.

[Alice Purjorick]

"Shariah Law for Dummies"
https://simple.wikipedia.org/wiki/Sharia_law

"There is not a strictly codified uniform set of laws that can be called Sharia. It is more like a system of several laws, based on the Qur'an, Hadith and centuries of debate, interpretation and precedent.

Islamic shariah is not implemented in any country of the world, most Muslim countries have their own laws & chosen only few of laws from Islamic shariah".

[mercury]

Sharia law is delivered by muslim men, and allowed and supported by the UK by the demands of the muslim council of Great Britain.... yeah and guess who they associate with and support?

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

[Carana]

No, for the simple reason, their fathers and forefathers gave their lives for this country, and also paid their taxes for their children to enjoy a better life than thay had. It is being denied them and many people are not happy about it.

There's a difference between people in genuine need and those who feel that they have a life entitlement for no other reason than they can't be bovvered, don't you think?

[Carana]

Home Secretary launches UK sharia law review 01/06/2016

A new panel has been formed by Theresa May to consider the ways in which sharia law are applied across the UK.

This comes as part of the government’s counter-extremism strategies which have been laid out by the Home Secretary, and the panel is made up of various legal figures as well as theological and religious experts in the field.

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.

May stated that the review would examine if sharia law was being misused in Britain, and, if so, to what extent it could be considered incompatible with the British legal framework. It is suggested that it will be completed by 2017.

She went on to suggest that if certain sharia councils were acting in a “discriminatory and unacceptable” manner, that this would need to be stopped.

“A number of women have reportedly been victims of what appear to be discriminatory decisions taken by sharia councils, and that is a significant concern,” she added. “There is only one rule of law in our country, which provides rights and security for every citizen.”

Professor Siddiqui stated that “At a time when there is so much focus on Muslims in the UK, this will be a wide-ranging, timely and thorough review as to what actually happens in sharia councils.”
http://www.allaboutlaw.co.uk/law-news/home-secretary-launches-uk-sharia-law-review







Sharia law

Sharia law, or Islamic law, is a custom-based body of law which has developed over nearly 1,500 years. It regulates all aspects of Islamic life, including crime, politics and family. It has been likened to English common law (some believe this should be the other way round) in that the application is based on analogies and is an unwritten law.

However, because the UK is governed by a civil law system Sharia law, a religious law, cannot take precedence over UK law for those who live by it. What the UK has done is to have incorporated several aspects of Sharia law so that it is possible for those who wish to abide by Sharia law to do so under the UK system of law.

We have created information on the following topics:

    Divorce
    Wills and probate
    General Information

https://www.contactlaw.co.uk/sharia-law.html

[Carana]

 Sharia law in UK: family counseling or women abuse?
Published time: 28 May, 2016 16:46
Edited time: 28 May, 2016 17:11
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A muslim woman pushes a buggy under a railway bridge in London, Britain March 17, 2016. © Stefan Wermuth
A muslim woman pushes a buggy under a railway bridge in London, Britain March 17, 2016. © Stefan Wermuth / Reuters
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Should there be Sharia law in the UK? Does Islam treat women as equals and according to demands of UK laws? Or are Sharia courts unfair to women?

British Home Secretary Theresa May Thursday launched a review into Sharia law practices in Britain. The legal system, which is based on the Koran, is used to settle family and financial issues within Muslim communities.
Read more
© Paul Hackett Sharia councils face inquiry into ‘discrimination against women’

Mohammed Shafiq, chief executive of the Ramadhan Foundation, and Maryam Namazie, human rights activist, discussed the issue of Sharia law practices in Britain.

Mohammed Shafiq said that there are no Sharia courts: “They are Sharia councils, where people on a voluntary basis can go to get advice and get recourse according to Islamic principles.”

He added that every person of any religion is free to do that.

However, Maryam Namazie, human rights activist, said the UK government should reach a position where any type of religious arbitration, when it comes to family matters shouldn’t be allowed. She believes that it is “fundamentally discriminatory against women.”

According to Namazie, there is legal cover for Sharia courts.

“The Sharia councils call themselves courts; those who are presiding over them call themselves judges; the Muslim arbitration tribunals are using the Arbitration act,” she told RT.

Shafiq argues that politicians such as Theresa May and Prime Minister David Cameron have been employing a policy of targeting Muslims. “This is a part of neo-conservative agenda,” he says.

He believes this rhetoric comes in a climate of Islamophobia and anti-Muslim hatred, which is perpetuated by the politicians, people in media, and other commentators. Shafiq says they demonize Muslims and their way of life.
 

“Sharia law is not about chopping of hands and other barbaric things that we may see around the world,” he told RT. “Sharia law is about how we engage with our neighbors; how we live with people side by side; how we treat members of the wider community,” Shafiq continues.

Namazie denies that the recent inquiry is an attack against the Muslim community. “It is a defense of Muslims and particularly Muslim women,” she said.

“Sharia courts and Sharia law in the family is highly contested. We’re not even talking about Hudood Ordinances, which are the amputations and stoning, but the civil aspects of the law, the family aspect of the law,” Namazie told RT.

The human rights activist argues that it is highly discriminatory and contested in many countries where these laws exist.

“It’s got nothing to do with Islamophobia or hatred against Muslims. I think it is important to see it as a women’s rights issue,” she concluded.

The statements, views and opinions expressed in this column are solely those of the author and do not necessarily represent those of RT.
https://www.rt.com/op-edge/344717-sharia-law-uk-may/

[Carana]

Guide to Islamic marriage and divorce
Guide to Islamic marriage and divorce

A valid Islamic marriage requires mutual agreement, two adult witnesses and a marriage gift (mahr) to be paid by the groom to the bride. Many Muslim couples also have a marriage contract (nikah) in which they seek to agree the terms and conditions of their future together. These conditions are sufficient to create an Islamic marriage in accordance with Sharia law. If the marriage takes place in a country which recognises Sharia marriages as valid then in the eyes of English law the marriage will be valid. However, if the marriage takes place in England, this will not be the case unless the marriage takes place at a registered venue, such as a registered mosque.

A talaq or ‘declaration of divorce’ is used to end an Islamic marriage. The rules vary significantly depending on the country in which this is performed and also as a result of a disparity between the different schools of Islamic jurisprudence. Under Islamic law, following the talaq, a period of waiting (iddah) is also required, during which the couple are supposed to try and reconcile. Should the iddah end without reconciliation, under Islamic law the couple will be divorced. However in England, whilst the talaq is the religious decree involved in divorce, a decree of divorce under the Matrimonial Causes Act 1973 must also be obtained to end any civilly recognised marriage.

Following an Islamic divorce, under Sharia law the husband will no longer be financially responsible for the wife, and will not have to pay her any capital or spousal maintenance (although he will still be responsible for financially maintaining the children of the marriage). As such, it is sensible to try to time the religious divorce to coincide with any arrangement for financial provision if possible, whether that is by agreement or in relation to the English civil law proceedings required to bring the civil marriage to an end.

If the divorce takes place abroad, it may be possible for the weaker party to make a financial claim against the stronger party in England, under Part III of the Matrimonial and Family Proceeding Act 1984. Proceedings under Part III have broadly similar remedies to bringing a financial remedy claim in England in the usual way under the Matrimonial Causes Act 1973. In order to bring a claim under Part III, you need to have had a valid marriage, a proceedings divorce (i.e. some judicial involvement in the divorce) and you must meet the jurisdictional requirements to bring a claim in the English courts.

If you are interested in discussing this, please see How Vardags can help with Islamic marriage and divorce.

Read more: http://vardags.com/family-law-guide/guide-islamic-marriage-divorce/#ixzz4EGMoY7Aq

[Carana]

Sharia-Law
Sharia Law

The term “Sharia” (Arabic شريعة Šarīʿa; “way” or “path”) is the sacred law of Islam.  Sharia law literally means religious code of life. It is used to refer both to the Islamic system of law and the totality of the Islamic way of life.

Sharia guides all aspects of Muslim life including politics, daily routines, foods, clothing, amusements, sports, family and religious obligations, and financial dealings. Traditional Muslims (all mullahs, Mawlanas, Muftis, and Islamic scholars) who understand the Quran and the Hadith believe that sharia (Islamic law) expresses the highest and best goals for all societies on Earth.  It is the “law of Allah”.

Until recently, Sharia law had not been recognised as valid law in the UK. Whilst predominately it holds very little legitimacy within the UK, recent developments, particularly in relation to the Arbitration Act, has given some recognition to its principles. With the opportunity to use Sharia law within arbitration, many Muslims as well as non-Muslims are now turning to arbitration as a way of settling disputes.

Our Sharia department will handle contracts specially tailored for Islamic marriages, wills, insurance and mortgages and will also deal with mediation and arbitration in accordance with Islamic principles. Our aim is to find solutions that will satisfy both Sharia and English law. With the combined knowledge and experience of our Islamic Legal Services team, there’s the potential to set precedents and develop a better understanding of the relationship between UK and Sharia law, supporting all those who have often felt trapped between the two.

Our Sharia department deals with the following cases:

• Forced Marriages
• Domestic Violence
• Family Disputes
• Forced Marriage (Civil Protection) Act 2007
• Commercial and Debt Disputes
• Inheritance Disputes
• Mosque Disputes

Forced Marriages

A recent Government study has projected a figure of 3,000 forced marriages a year, and we are told the reality is a lot worse. It is important to make a distinction between arranged marriage and forced or coerced marriage. It has been made clear that arranged marriages have some grounding in Islamic Law, but forced or coerced marriages have no foundations in Islamic Law and shall be nullified under the doctrine of Sharia. Our Islamic Legal Services team believe that this problem can be best addressed by the Muslim community itself. However the Forced Marriage Act 2007 has been a step in the right direction as protection orders can be issued.

Domestic violence

In cases of domestic violence, it is vital to draw a distinction between Islamic laws and national cultures. There are many instances where the offender justifies domestic violence by stating that it is permitted under Islamic law. The intention of our Sharia law team is to clarify major misconceptions.

Family Disputes

Whether or not you are legally married, the stipulations in the Nikah (Islamic marriage contract) such as the Mahr (sum of money or other property that the husband agrees to pay the wife) can be enforced through the English legal system, by way of contract law. In relation to marriage, problems usually arise where a person is Islamically married but not legally married. Our dedicated Sharia law department can help in dissolving a Nikah according to Islamic principles and we will also recommend our clients to Islamic marriage guidance counsellors and pre-marriage classes.

Inheritance

As property ownership has increased, so too has the problem of inheritance. If there is a will, this takes precedence in both English and Islamic law, but challenges can still be made to a will. All too often there is no will and here the matter can become complicated. We provide suggestions on the shares of the various parties concerned according to Islamic law.

Commercial Contracts

Sharia law can be used as a means of arbitration to resolve commercial disputes. An arbitration agreement may be drawn up based on Islamic principles, the aim being is to prevent going to court. Both parties must agree in advance for the arbitration agreement to be binding. An arbitrator is someone who is not connected to either party and must act as an impartial judge with expertise in the relevant field. Disputes may involve disagreements over the quality of goods supplied, interpretation of a trade clause or point of law, or a mixture of these issues.

The Arbitration Act lays out the powers of the arbitrators that include limiting the costs to be recoverable by either party and making orders which are equivalent to High Court injunctions if the parties were in agreement. Arbitrators are also authorised to participate in an inquisitorial role, investigating the facts of the case, as many of them would have expertise in the relevant fields.

Arbitration proceedings are informal and can be held in private, with the time and place determined by the parties. The arbitrator’s judgment, known as the Award, can be delivered instantaneously, and is binding on the parties as a High Court judgement would be. The award is generally considered as final, but appeal may be made to the High Court, with the approval of all the parties, or with the permission of the Court by way of judicial review. The High Court may ratify, vary or reverse the award, or send it back to the arbitrator for reconsideration.

http://www.hkhlegal.com/sharia-law.html