Top British judge backs Shari`ah
05/07/2008 09:18:00 AM GMT
(img.thesun.co.uk) The Lord Chief Justice said that the Islamic Shari`ah has
been widely misunderstood.
Britain's most senior judge has suggested that Islamic Shari`ah could play a
role in the British legal system.
CAIRO - Britain's most senior judge has suggested that Islamic Shari`ah could
play a role in the British legal system, echoing a similar stance by the
Archbishop of Canterbury Rowan Williams, reported the Guardian on Friday.
There is no reason why principles of Shari`ah law, or any other religious
code, should not be the basis for mediation or other forms of alternative
dispute resolution, Lord Chief Justice Lord Nicholas Phillips said in a speech
to the London Islamic Council.
It must be recognized however that any sanctions for a failure to comply with
the agreed terms of the mediation would be drawn from the laws of England and
Wales.
Phillips, the most senior judge in England and Wales, said parties to a dispute
are free to agree to accept Shari`ah principles or other religious precepts if
they decide to seek mediation.
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 English and Welsh
courts.
Under British law, people may devise their own way to settle a dispute in front
of an agreed third party, such as Shari`ah courts and the Jewish Beth Din, as
long as both sides agree to the process.
The rulings of Shari`ah courts, however, are not recognized by the law and thus
Muslims, estimated at nearly 2 million, would have to seek settling their
disputes through civil courts.
Misunderstood
The Lord Chief Justice said that the Islamic Shari`ah has been widely
misunderstood.
Part of the misconception about Shari`ah law is the belief that Shari`ah is
only about mandating sanctions such as flogging, stoning, the cutting off of
hands or death for those fail to comply with the law.
In some countries the courts interpret Shari`ah law as calling for severe
physical punishment. There can be no question of such courts sitting in this
country, or such sanctions being applied here.
Archbishop of Canterbury Rowan Williams recently recommended that British law
should recognize some aspects of Shari`ah to resolve Muslim civil matters.
His remarks ignited an extraordinary political and religious storm that still
rages on, with politicians united in denouncing the proposal.
Leading newspapers and tabloids launched vitriolic campaigns against the
spiritual leader of the world's Anglicans, some even calling for his
resignation.
The Lord Chief Justice defended Williams' Shari`ah law comments.
It was not very radical to advocate embracing Shari`ah 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.
So a Muslim woman who divorced according to Shari`ah principles would be free
to marry again, but not if she only went to a civil court.
But as far as aspects of matrimonial law are concerned, there is a limited
precedent for English law to recognize aspects of religious laws, although when
it comes to divorce this can only be effected in accordance with the civil law
of this country.
The Lord Chief Justice's comments drew applause from Muslim leaders.
Phillips is talking about provisions that are already out there for mediation
and conflict resolution, said Usama Hasan, imam at Al-Tawhid Mosque, Leyton,
and an adviser to the Islamic Shari`ah Council.
Muslim couples would prefer to have their personal disputes to be settled by a
Shari`ah scholar because such a ruling would affect their status.
Aspects of Jewish divorce law have long been part of English law and it seems
reasonable for Muslims to have the same treatment, but it can't lead to
inequality or a splintering of British society.
source: http://www.islamonline.com/news/newsfull.php?newid=136936
Iqbal Soofi
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