UK's top judge:Sharia law SHOULD be used in Britain.

[abdellah007]

Sharia law SHOULD be used in Britain, says UK's top judge

The most senior judge in England yesterday gave his blessing to the use of sharia law to resolve disputes among Muslims.

Lord Chief Justice Lord Phillips said that Islamic legal principles could be employed to deal with family and marital arguments and to regulate finance.

He declared: 'Those entering into a contractual agreement can agree that the agreement shall be governed by a law other than English law.'

In his speech at an East London mosque, Lord Phillips signalled approval of sharia principles as long as punishments - and divorce rulings - complied with the law of the land.

But his remarks, which back the informal sharia courts operated by numerous mosques, provoked a barrage of criticism.

Lawyers warned that family and marital disputes settled by sharia could disadvantage women or the vulnerable.

Tories said that legal equality must be respected and that rulings incompatible with English law should never be enforceable.

Lord Phillips spoke five months after Archbishop of Canterbury Dr Rowan Williams suggested Islamic law could govern marital law, financial transactions and arbitration in disputes.

The Lord Chief Justice said yesterday of the Archbishop's views: 'It was not very radical to advocate embracing sharia law in the context of family disputes'.

He added there is 'widespread misunderstanding as to the nature of sharia law'.

Lord Phillips said: 'Those who are in dispute are free to subject it to mediation or to agree that it shall be resolved by a chosen arbitrator. There is no reason why principles of sharia law or any other religious code should not be the basis for mediation or other forms of dispute resolution.'

Lord Phillips said that any sanctions must be 'drawn from the laws of England and Wales'. Severe physical punishment - he mentioned stoning, flogging or amputating hands - is 'out of the question' in Britain, he added.

Lord Phillips' speech brought protests from lawyers who fear women could be disadvantaged in supposedly voluntary sharia deals.

Barrister and human rights specialist John Cooper said: 'There should be one law by which everyone is held to account.

'Well-crafted laws in this country, drawn up to protect both parties including the weak and vulnerable party in matrimonial break-ups, could be compromised.'

Resolution, the organisation of family law solicitors, said people should govern their lives in accordance with religious principles 'provided that those beliefs and traditions do not contradict the fundamental principle of equality on which Britain's laws are based.'

Spokesman Teresa Richardson said religious law 'must be used to find solutions which are consistent with the basic principles of family law in this country and people must always have redress to the civil courts where they so choose.'

http://www.dailymail.co.uk/news/article-1031611/Sharia-law-SHOULD-used-Britain-says-UKs-judge.html

http://news.bbc.co.uk/2/hi/uk_news/7488790.stm

What do you think about that?

 

[kayleigh]

I think it's a good idea in theory, but it seems like things will get messy for awhile before things operate smoothly. But at least it's an option and not mandatory.

 

[Mohsin]

:salam2:

Actually the idea is not new and I don't know about other countries but in India it has been working for a long time. The institution thats working here is known as All India Muslim Personal Law Board.
All India Muslim Personal Law Board was established at a time when then Government of India was trying to subvert Shariah law applicable to Indian Muslims through parallel legislation.Adoption Bill had been tabled in the Parliament. Mr. H.R.Gokhle, then Union Law Minister had termed this Bill as the first step towards Uniform Civil Code.
It concentrates on issues like Marriage, Divorce, Wills and Legacies.