BBC:Growing use of Sharia by UK Muslims

Min-Fadhli-Rabii

Junior Member
:salam2:
The use of Sharia, or Islamic religious law, is growing in Britain, with thousands of Muslims using it to settle disputes each year, but women's groups and some others are objecting.

''You must speak the truth, sister. Because Allah is listening to your every word, you can lie to us but not to Him.''

The bearded sheikh is instructing his first client of the day to explain why she is unhappy in her marriage.

Sitting behind a small desk in the back room of a converted terrace house, Sheikh Haitham al-Haddad is a representative of the Islamic Sharia Council, the largest Sharia body in the UK, based in Leyton, east London.

The woman has come to the council for an Islamic divorce because her husband refuses to grant her one.

''I'm not happy. He's never at home and I've seen messages from other women on his phone. He doesn't even give money to help support the kids,'' the woman tells the sheikh.

It is easier for a Muslim man to end a marriage in Islam, but a wife must persuade the judges to grant her a dissolution if her husband is opposed to divorce.

The case is typical of those case dealt with by Sharia councils, as thousands of Muslims are turning to them to help resolve family, financial and commercial problems in accordance with Sharia principles.

Growing demand
An estimated 85 Sharia councils could be operating in Britain, according to a 2009 report by the think tank Civitas.

Several bodies like the Islamic Sharia Council have seen a large increase in their cases in the past five years.

''Our cases have easily more than tripled over the past three to five years," says Sheikh al-Haddad.

''On average, every month we can deal with anything from 200 to 300 cases. A few years ago it was just a small fraction of that.

''Muslims are becoming more aligned with their faith and more aware of what we are offering them,'' he explained.

The principles of Sharia govern all aspects of a Muslim's life. It is derived from a combination of sources including the Koran, the Hadith, which is based on the example of the prophet Muhammad, and fatwas, which are rulings of Islamic scholars.

Continue reading the main story
'Closure in the eyes of God'

Saba Zia is a practising Muslim who lives in Reading with her three children. She became a single mother when her husband walked out on her after 13 years of marriage.

"He went to Pakistan for three years and stopped paying the bills and the mortgage.

"I let myself and my kids go. I started starving myself. I would go on average three days not eating anything at all. I remember on one occasion it was seven days. I even started cutting myself. I was aware of what I was doing but I had no control."

Two and a half years after her husband left her, Saba asked him for an Islamic divorce. It was more important to her than her civil divorce.

"I just picked up the phone and said to him: 'Give me a divorce.' But he wasn't going to make it easy for me. That's when I went to the Sharia council."

The Sharia council supported Saba and helped her get the religious divorce she was seeking.

"For me the religious divorce, the Talak, was the first port of call, the most important. The civil divorce was something that could come later. I had to have closure in the eyes of God first.

"I felt like I wasn't alone. They recognised my rights and they helped me move on with my life."

Sharia has been operating in the UK, managed by locally-appointed councils, in parallel to the British legal system since 1982.

But the informal councils have no legal powers and they cannot impose any penalties.

They deal with civil cases alone, but many Muslims are choosing to voluntarily accept rulings made by the scholars.

Omar Hannan, 28, from Solihull, turned to Sharia instead of the British courts after an ownership dispute broke out between the British Muslim partners at his industrial cleaning company.

''It fulfilled my Islamic spiritual principles which was the main reason I went to a Muslim tribunal.

''But it was also very quick. We resolved it in three to four months,'' he said.

''It only cost a couple of hundred pounds, and you can imagine how much it would have cost through the English legal system,'' he added.

As a demand for Sharia thrives, a number of British law firms are starting to tap into the booming market.

Muslim Lawyer Aina Khan has launched one of the first Sharia departments at her London-based law firm.

She offers clients advice that is in keeping with both English and Islamic law.

''I am surprised that the majority of people that I am dealing with are under the age of 50. They are British Muslims who want to satisfy their British identity as well as their Muslim one.

''So I give them solutions to their problems that satisfy both legal systems all under one place.''

'Discrimination'

Sharia judges hear cases in which Muslims volunteer to accept their rulings
Despite the growing demand for Sharia law in Britain, there is also increasing opposition by some groups who argue that the practice discriminates against women.

The Iranian and Kurdish Women's Rights Organisation (IKWRO) is campaigning to bring an end to the practice.

''We have spoken to many women and all of them tell us the same story; Sharia law is not providing them with the justice they seek. The councils are dominated by men, who are making judgements in favour of men,'' said Diana Nammi.

Concerns such as these have led crossbench peer Baroness Cox to introduce a bill before the House of Lords, aimed at introducing regulation of Sharia organisations in the UK.

The bill has received its first reading and is expected to get a second reading later this year.

But for groups like IKWRO the bill does not go far enough.

''We think there shouldn't be any religious law practising in Britain - all Sharia bodies should be banned. That is the only way we can ensure equality of justice for all women," argues Diana Nammi.

But while a demand for Sharia continues in Britain, Sheikh Haitham al-Haddad says the practice cannot be banned.

''We are not forcing people to walk through our doors. They are voluntarily coming to us,'' he said.

''If you ban us, then British Muslims will find somewhere else to go.

''Many will go to Muslim countries abroad, where there will be no way to protect them.''

Source: http://www.bbc.co.uk/news/uk-16522447
 

Seeker-of-truth

Junior Member
MaShaa Allah Sh. Haitham is doing a great job may allah reward his efforts, shame on those iranians who are trying to trouble this great sheikh.
 

John Smith

Junior Member
Typical bbc, which fails to mention how non muslims have used this facility,ie; a non muslim had a business partnership with a muslim who in turn decieved the non muslim,it went to a sharia court and guess what they ruled in favour of the non muslim.

The bbc also fails to mention the jewish courts that are run in this country for the very same reasons.

Just a bunch of fear mongering morons.
 

Min-Fadhli-Rabii

Junior Member
Typical bbc, which fails to mention how non muslims have used this facility,ie; a non muslim had a business partnership with a muslim who in turn decieved the non muslim,it went to a sharia court and guess what they ruled in favour of the non muslim.

The bbc also fails to mention the jewish courts that are run in this country for the very same reasons.

Just a bunch of fear mongering morons.

Assalam aleikum brother John,
That is the same question I was asking myself, what is the problem when the muslims can solve marriage, inheritance and business issue themselves? is good for the government as it easy the burden. If the jews can have why not the muslims? I thought we have freedom to practise want you want?
 

John Smith

Junior Member
Assalam aleikum brother John,
That is the same question I was asking myself, what is the problem when the muslims can solve marriage, inheritance and business issue themselves? is good for the government as it easy the burden. If the jews can have why not the muslims? I thought we have freedom to practise want you want?

:salam2:

What we have now in the west is the prolific demonising of muslims,its about our religion and what it stands for they are sytematically trying to stop the growth of muslims by descrediting the faith,but the more they do they more we increase.

Dont forget the jews are pretty well running western goverments & main media outlets which is obvious to see,so they will hide what they are upon and try to paint us in a bad light.

If non-muslims really knew the message of islam they would embrace in thier millions which they will on arrival of ISA (as).
 

Perseveranze

Junior Member
Asalaamu Alaikum,


I think the irony of all these non-Muslims hating Shariah, is that their legal system today was influenced by Shariah itself.
biggrin.gif
If they could actually study it in detail, without prejudice, they can see why.


The French scholar Leon Rosches says in his Trent-deux ans a travers L'Islam: "I have found in Islam the best religion I know of. It is a human, natural, economic and literary religion. I have never thought of any man-made law but found it enacted and legislated for in Islam. I even returned to the charter of what J. Simon calls the "Natural Legislation" and found it taken from the Islamic sharia' laws." (L. Roches, Trent-deux ans a travers L'Islam, Paris: Firmin-Didot, 1884, p. 143.)


One of the institutions developed by classical Islamic jurists that influenced civil law was the Hawala, an early informal value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the Aval in French civil law and the Avallo in Italian law.[71] The "European commenda" limited partnerships (Islamic Qirad) used in civil law as well as the civil law conception of res judicata may also have origins in Islamic law.[70]


The Islamic legal system was far superior to the primitive legal system of England before the birth of the common law. It was natural for the more primitive system to look to the more sophisticated one as it developed three institutions that played a major role in creating the common law. The action of debt, the assize of novel disseisin, and trial by jury introduced mechanisms for a more rational, sophisticated legal process that existed only in Islamic law at that time. Furthermore, the study of the characteristics of the function and structure of Islamic law demonstrates its remarkable kinship with the common law in contrast to the civil law. Finally, one cannot forget the opportunity for the transplant of these mechanisms from Islam through Sicily to Norman England in the twelfth century. The Islamic Origins of the Common Law - John A. Makdisi
 

Min-Fadhli-Rabii

Junior Member
:salam2:

If non-muslims really knew the message of islam they would embrace in their millions which they will during Isa (as).

And that makes necessary for muslims to do dawah. Are we really doing dawah? Do we want to be part of the train to increase the muslim ummah before coming of Isa(AS)?
 

strive-may-i

Junior Member
Story from BBC NEWS:
news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/7488790.stm
Sharia law 'could have UK role'
Principles of sharia law could play a role in some parts of the legal system, the Lord Chief Justice has said.

Lord Phillips, the most senior judge in England and Wales, said there was no reason sharia law's principles could not be used in mediation.
However, he said this would still be subject to the "jurisdiction of the English and Welsh courts".
Sharia is a set of principles which govern the way many Muslims believe they should live their life.
The Archbishop of Canterbury prompted controversy when he said use of certain aspects of the law "seems unavoidable".
“ English common law already allows us to go to mediation to whichever third party we wish ”
Inayat Bunglawala


Muslim Council of Britain
In a speech at the East London Muslim Centre in Whitechapel, Lord Phillips said that sharia suffered from "widespread misunderstanding".
Lord Phillips said: "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."
Severe physical punishments such as flogging, stoning and the cutting off of hands would not be acceptable, he said.
He added: "There can be no question of such courts sitting in this country, or such sanctions being applied here.
"So far as the law is concerned, those who live in this country are governed by English and Welsh law and subject to the jurisdiction of the English and Welsh courts."


'Misunderstood'
The Archbishop of Canterbury, Dr Rowan Williams, had been misunderstood when it was reported in February that he said British Muslims could be governed by sharia law, the judge said.
HAVE YOUR SAY We mustn't allow there to be different laws for different sections of society Tina, Manchester, UK

Dr Williams suggested that sharia could play a role in "aspects of marital law, the regulation of financial transactions and authorised structures of mediation and conflict resolution".

Lord Phillips said: "It was not very radical to advocate embracing sharia law in the context of family disputes, for example, and our system already goes a long way towards accommodating the archbishop's suggestion.

"It is possible in this country for those who are entering into a contractual agreement to agree that the agreement shall be governed by a law other than English law."

Inayat Bunglawala from the Muslim Council of Britain told BBC News that sharia law applied only to civil matters.

He said: "I think it's important to clarify that English common law already allows us to go to mediation to whichever third party we wish. "So that is why you have sharia council, that is why you have Jewish courts. It is a truly voluntary arrangement.
"There is no parallel legal system. This system cannot override English common law system at all."

------------------------------------------------------------
Story from BBC NEWS:
news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/7488790.stm

Published: 2008/07/04 08:26:26 GMT
 

Aapa

Mirajmom
Assalaam walaikum,

The trouble with Sharia is that it makes sense. The more you begin to understand the logic behind it you really can not use any other system. It is clear and just.

I stole this from a blog..I know the brother will forgive me once I write him an apology but this is a wonderful example:

Relatives of a Muslim Sri Lankan worker murdered by his Buddhist colleague in the country of Abu Dhabi told court they have decided to pardon the killer.

An official from the Sri Lankan embassy in Abu Dhabi handed the pardon document from the victim’s relatives to court on Tuesday, the semi-official Arabic language daily Alittihad newspaper said.

“They just pardoned the Buddhist killer without demanding any diya (punitive damages) taking into consideration that the killer’s family is poor,” it said.

Source: Americans Against Islamophobia

Few people know this, but in Sharee`a (Islamic law), when a killer is convicted in a court of law, it is not up to the judge to issue a sentence! The judge is obliged to give the victim’s family one of three choices of sentence to make: (1) Pardon the killer, (2) Take punitive damages, or (3) Execute. The judge is also obliged to explain to the victim’s family why they may consider a non-terminal sentence.
 
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