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WALTHAM FOREST: Sharia law could have 'role in UK'
12:01pm Friday 4th July 2008
Sharia law could play a role in some parts of the legal system, the most senior judge in England and Wales has said.
The Lord Chief Justice, Lord Phillips of Worth Matravers, emphatically ruled out the possibility of sharia courts sitting in this country or deciding penalties.
But in a speech at the East London Muslim Centre in Whitechapel on Thursday night he said there was no reason why sharia principles could not be used in "mediation or other forms of alternative dispute resolution".
Sharia - a set of principles governing the way that many Muslims believe one should live one's life - suffered from "widespread misunderstanding" by the rest of the world, he added.
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."
The Lord Chief Justice told his audience that severe physical punishments such as flogging, stoning and the cutting off of hands would not be acceptable.
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."
The judge said 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.
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".
Copyright Press Association Ltd 2008, All Rights Reserved.
Your Say Your Guardian
democrat, waltham forest says...
4:16pm Fri 4 Jul 08
Farook, Chingford says...
4:48pm Fri 4 Jul 08
Ashiq, Waltham Forest says...
10:22am Sat 5 Jul 08
What the Lord Chief Justice and the Archbishop of Cantebury before him have suggested is to allow Muslims an alternative form of arbitration for civil matters. This is not to do with criminal law and is only to be used where both parties have agreed. It is no different ot the Jewish Court that has been in place for centuries in this country.
Trying to blame Islam for what Hitler (a Christian) did is only an indication of the posters ignorance and bigotry.
Democrat just so you are aware we do not elect Judges in this country as a means of ensuring that they are able to apply the principles of Law without any undue external influence (such as worrying about being elected again). It is entirely within the Lord Chief Justices remit to comment upon ways and means of providing a legal system that meets the needs of the UK public.
Iftikhar, Forst Gate London says...
5:08pm Sat 5 Jul 08
Muslim community needs Sharia laws as well as state funded Muslim schools with bilingual Muslim teachers as role models. There is no place for a non- Muslim child or a teacher in a Muslim school.
CH, says...
11:55am Sun 6 Jul 08
Iftikhar wrote:If you do not want to integrate with other people in this country then find another.
Salaam Muslim community needs Sharia laws as well as state funded Muslim schools with bilingual Muslim teachers as role models. There is no place for a non- Muslim child or a teacher in a Muslim school.
Sceptic, E17 says...
1:59pm Mon 7 Jul 08
You can't fragment a legal system to meet the wishes of any group, religious or not. It has to be one law for all, whether civil or criminal law.
Anyone bringing a bride or bridegroom from overseas should be required to show proof that the marriage is legal under British law; I think this is automatically the case if it is valid under the other country's law. Divorce etc is then covered by British law.
As bigamy is illegal in Britain, there's no question of anyone legally having two wives. Any man who tricks a woman into wrongly believing herself to be married should be prosecuted.
Technomist, walthamstow says...
5:21pm Mon 7 Jul 08
Sceptic wrote:Where the participants in a marriage are domiciled abroad, what would be otherwise a bigamous marriage may be recognised as a valid one under British law, if it would be a valid marriage according to the legal system of the other country. What British law prohibits is the issuing of an entry clearance for a second wife to join a husband who is present and settled in the UK with the intention of settling here permanently. (It is possible to be legally settled and present here while also being domiciled abroad for the purposes of matrimonial and family law.) The marriage itself would not be a crime and the second wide may well have inheritance and other rights, for instance on divorce. Where she pursues those and what principles the legal system she pursues them in to protect herself can be very complex issues. There may be reasons why she might want to pursue them in the UK but both parties wish the legal principles that apply to accommodate their mutual religious beliefs. These may be unusual situations, but allowing arbitrations to take place which permit some principles of a non-indigenous legal system to be taken into account could be the just thing to do in some situations.
I agree with Farrah Shah that vulnerable people should be protected, but this isn\'t the way to do that. It would just leave women exposed to exploitation.
You can\'t fragment a legal system to meet the wishes of any group, religious or not. It has to be one law for all, whether civil or criminal law.
Anyone bringing a bride or bridegroom from overseas should be required to show proof that the marriage is legal under British law; I think this is automatically the case if it is valid under the other country\'s law. Divorce etc is then covered by British law.
As bigamy is illegal in Britain, there\'s no question of anyone legally having two wives. Any man who tricks a woman into wrongly believing herself to be married should be prosecuted.
What we do not need however, are courts applying alien legal concepts where the parties all live here, as a means of acquiring a different and less just outcome than they would achieve if the Common Law and those laws set down by Parliament were to be applied.
What many people here may not realise is that commercial and other civil arbitrations go on all the time and have done for years, in which the parties are able to agree that different legal principles will apply to some aspects of their disputes than apply to the general public, applying forms of foreign customary laws, commercial codes of practice etc.
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farrah shah, Leyton ,London says...
3:37pm Fri 4 Jul 08
It will eliminate confusion for once and all.
On the same stance I would say men should not be allowed to have two wives until the written permission from existing wife is given or an exceptional reason like if the wife cannot bear children or is terminally ill .This second marriage should not be allowed.
Deeply thankful to Sir Rowan Williams and Lord Philips.