Islamic law officially adopted by Britain

by LotusFlower | September 14, 2008 at 10:16 pm
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Sharia Courts Operating in Britain

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Sharia Courts Operating in Britain

Following the uproar caused by the Archbishop of Cantabury's comments earlier in the year when he suggested that the UK might do well to adopt some elements of sharia law we now find that through a loophole in arbitration laws that aspects of Islamic law are now officially adopted with sharia courts making legally binding decisions.

ISLAMIC law has been officially adopted in Britain, with sharia courts given powers to rule on Muslim civil cases.

The government has quietly sanctioned the powers for sharia judges to rule on cases ranging from divorce and financial disputes to those involving domestic violence.

Rulings issued by a network of five sharia courts are enforceable with the full power of the judicial system, through the county courts or High Court.

Previously, the rulings of sharia courts in Britain could not be enforced, and depended on voluntary compliance among Muslims.

It has now emerged that sharia courts with these powers have been set up in London, Birmingham, Bradford and Manchester with the network’s headquarters in Nuneaton, Warwickshire. Two more courts are being planned for Glasgow and Edinburgh.

Sheikh Faiz-ul-Aqtab Siddiqi, whose Muslim Arbitration Tribunal runs the courts, said he had taken advantage of a clause in the Arbitration Act 1996.

Under the act, the sharia courts are classified as arbitration tribunals. The rulings of arbitration tribunals are binding in law, provided that both parties in the dispute agree to give it the power to rule on their case.

Douglas Murray, the director of the Centre for Social Cohesion, said: “I think it’s appalling. I don’t think arbitration that is done by sharia should ever be endorsed or enforced by the British state.”

There are concerns that women who agree to go to tribunal courts are getting worse deals because Islamic law favours men.

Siddiqi said that in a recent inheritance dispute handled by the court in Nuneaton, the estate of a Midlands man was divided between three daughters and two sons.

The judges on the panel gave the sons twice as much as the daughters, in accordance with sharia. Had the family gone to a normal British court, the daughters would have got equal amounts.

In the six cases of domestic violence, Siddiqi said the judges ordered the husbands to take anger management classes and mentoring from community elders. There was no further punishment.

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Sanjay Jha
Sanjay Jha
flagged this story as Good Stuff

at 22:57 on September 14th, 2008

LotusFlower, I like this story. It's good stuff.  So what means for Britons.Has British government given powers to these Sharia Judges to pronounce any verdict? Also will the Sharia law cover dispute between a muslim and non muslim. I think it is a grey area and British government will have to think about it more seriously.

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Frank Fortune

The British Labour Party and its supporters will never be forgiven for these crimes against our liberties (all hard-won over centuries). What is happening is this: the UK is being re-made in an apartheid-like strucuture, where races and ethnicities ae being separated, with their own schools and other services. And now their own laws. This is a step backwards.

Paschen
Paschen
flagged this story as Good Stuff

at 00:08 on September 15th, 2008

LotusFlower, I like this story. It's good stuff.

Interesting approach, France took exactly the opposite approach, I just wonder when the EU court will rule on its version.

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Heritage

Australia has been looking at recognizing Aboriginal customary law. I remember hearing about some cases that that were dealt with under Aboriginal customary law.


Personally, as long as extensive inquires  are conducted into the pros and cons and strict regulation is enforced, I believe it is possible to create legal processes that can include "other" laws/systems of justice. 


Recognition of Aboriginal customary laws (ALRC 31)

The Australian Law Reform Commission was directed to consider the issue of recognition of Aboriginal customary law in a reference received on 9 February 1977. The inquiry was one of the most comprehensive ever conducted by the Commission.

During the course of the inquiry, three Discussion Papers were produced:

  • Aboriginal Customary Law - Recognition? (DP 17) in 1980;

  • Aboriginal Customary Law - Marriage, Children and the Distribution of Property (DP 18) in 1982; and

  • Aboriginal Customary Law - Criminal Law, Evidence and Procedure (DP 20) in 1984.

The inquiry concluded with a two-volume final report and summary, entitled Recognition of Aboriginal customary laws (ALRC 31), tabled in federal parliament on 12 June 1986.

The Commission's report on Aboriginal customary law has been widely recognised as an authoritative and comprehensive work on the subject. However, the recommendations of ALRC 31 have not been the subject of comprehensive responses or implementation on a federal level.

Since the tabling of the Commission's report in federal Parliament there have been a number of major changes in Indigenous affairs in Australia. Milestones have included the recommendations of the Royal Commission into Aboriginal Deaths in Custody, the High Court judgment in Mabo v Queensland (No 2) (1992) and subsequent cases which recognised the ownership of land by Indigenous people according to customary law and the enactment of the Native Title Act 1993 (Cth).

Nonetheless, the recommendations made by the Commission remain appropriate.

Please note: The Commission's 1977 terms of reference refer to Aboriginal customary laws (rather than Indigenous customary laws generally), and this summary reflects this language.

Heritage
Heritage
flagged this story as Good Stuff

at 00:26 on September 15th, 2008

LotusFlower, I like this story. It's good stuff.

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Frank Fortune

There is a big difference between Australian aboriginals, and Britain's muslims. The Australian aboriginals are the first people of Australia, and deserving of respect and accomodation. Muslims in Britain, on the other hand, are recent arrivals in the country. 

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Paschen

Yes, to some degree you are correct Frank not verified. The Australian had their land stolen and raped by the same Germanic Tribes the Anglo Saxon as the British Isles had been taken over by the Anglo Saxon some two millennia  ago. I personally favour the Republic and have Law, Politics and Religion well separated and not be able to interferer with on another. One single Law, fair and scare, just and objective for all, may be the wises route to take for the long run and for the sake of Justice and equality.

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Heritage

Hi Frank,

Get verified and we can chat.

Regards,

Heritage

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boyrichard

Muslim law for muslims thats OK as long as they obey UK laws in the way they reach their decissions. I think France is correct UK law needs to be harder.

The main cases will be civil and as the civil in the UK needs to be overhauled to make it more efficent  is there any wonder some want to go by other means. 

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Paschen

No, it is not okay, I would not want Christian or Muslim or any other religious laws forced on me. 

We are in a democracy and cannot tolerate imposed systems that have not been chosen out of some once free will. Remember people are born into a religion and this religion is forced up on them, most never chose their religion of their free will. There for I would not favour any religions law to be used, not any. Secular state, Laic Laws. THe only way to support any of this would be on an individual base as people shows of their free will to submit to a religious law.   

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SOLARLIFE

Hi Paschen, I agree to your full comment.

SOLARLIFE
SOLARLIFE
flagged this story as Good Stuff

at 01:54 on September 15th, 2008

LotusFlower, I like this story. It's good stuff. The brits selected their butcher, being not allerted. In a twinkle of an eye the UK got conquered by the sharia law. Next step: The Brits flee their capital overpopulated by sharia fanatics who left there countries of origin because of this.

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Iffy Long

J.G. Ballard wrote a book called 1985, where he mapped out how militant Islam would eventually take over the UK. He could see it then: the country long ago handed over its economy to the middle east. Many of the current public battles have this as their underlying cause. For example, the battle over who will control London's police.

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Heritage

Do you mean Ballard the Science Fiction writer?

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Paschen

You are somewhat paranoid here and maybe a little bit racist as well as phobic. Iffy? Not verified.


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Rob Walker

This is so messed up. What if one person is Muslim and the other person isn't? From my understanding of Sharia law, which isn't even the same from one area to another and has a number of areas that can be interpreted in various ways, this seems a slippery slope.

If people can use old Sharia laws, why not ancient christian or jewish laws?

'And justice for all' indeed.

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Heritage

The rulings of arbitration tribunals are binding in law, provided that both parties in the dispute agree to give it the power to rule on their case.

Both parties must agree to the arbitration. So if the situation you mentioned arose the mainstream legal system would be used.

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Paschen

Then the arbitration is nothing more than a form of Marriage Consulting that both Parties have agreed to. If so then a Consultant or Family Consultant has to be given equal rights under the law if that applies to on form it as to apply to all legal forms of Marriage or Family consulting as well as religious forms of the same.

Emilio Lizardo
Emilio Lizardo
flagged this story as Good Stuff

at 05:13 on September 15th, 2008

As long as a crime under British law remains a crime - say, for instance when a Muslim father does not approve of who his daughter is dating and cuts her throat ( the so called 'honor' killing ) ...

Sorry about mentioning this - but these honor killings happen here in America several times a year now ...

Rhonda J Mangus
Rhonda J Mangus
flagged this story as Good Stuff

at 05:33 on September 15th, 2008

LotusFlower, I like this story. It's good stuff.

rahul
rahul
flagged this story as Good Stuff

at 06:32 on September 15th, 2008

LotusFlower, I like this story. It's good stuff.

0
snowman2795

This is just another example of the West's confused current culture as Islam's strident intolerance marches forward. 

The surrender comes from phoney 'white guilt' that at the same time tries to create moral equivalence among different cultures, with confusion being the only winner. 

No longer a Christian culture, the UK has resorted to the multi-cultural Barney The Dinosaur 'the more we get together the happier we'll be' ethos--at its peril.

Bottom line: No common culture. No common protection under the law. No common sense. 

The Christian Bible says in the last days, 'nations will be a mixture of people's who will not hold together.'

Ya got that right. 






0
Heritage

1. ...multi-cultural Barney The Dinosaur...

2. The Christian Bible says in the last days...

3. The "surrender" comes from phoney 'white guilt'

No common sense you say? I think you might be right.

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fornowatlunch

This article is mostly rubbish.  First of all there is no such thing as "BRITISH" law since Scotland has it own set of laws.  So in order for such an "ACT", as the article put it, to pass, it would have to pass TWO houses of parliament, Scottish and English/Welsh, the UK has not, as this article suggests, passed any new set of laws allowing Sharia to take precedence in any circumstance.  If you look at the comments made by Lord Phillips the Lord Chief Justice around the beginning of July (and they're pretty easy to find, if any modicum of fact checking was done by the journalist involved here), he says that mediation (and that's what we're talking about here, mediation and only mediation) is already allowed to take place using a third party as the mediator, but the decision still has to be within the bounds of ENGLISH and WELSH law (again his comments make no mention of the UK), so there is no change to be made here, the law allowing this type of third party mediation already exists and I think you will find, it already exists in the USA too.  The important part that is missing from the article is that the findings must not break the law of the land, which in this case is ENGLAND and WALES.

This is pure scaremongering, and what's worse its being perpetuated by a publication (the TIMES of LONDON) which is owned by Mr Ruport Murdoch the owner of the FOX News Network, need I say more.

In addition, for those of you experts debating the strength of the UNITED KINGDOM'S parliamentary system and the separation of Church and State, the UK is a secular "CONSTITUTIONAL" Monarchy which means that the people have the power, the monarch is titular only and has ABSOLUTELY NO POWER and nor does any church or religious organization.  It is also NOT, I repeat NOT, true that religious education is mandatory in the normal comprehensive school systems in any of England, Wales or Scotland's non-denominational schools.  If you go to a private (i.e. fee paying) school of a particular religious leaning, then religious studies may indeed be mandatory.  Finally, on the subject of Britain and a constitution, anyone who would like to study the "Magna Carta", which is pretty much recognized as one of the oldest "CONSITUTIONAL" documents in existence can easily do so by just doing a rudimentary search of the internet. 

0
Heritage

ForNowAtLunch (not verified),


so there is no change to be made here, the law allowing this type of third party mediation already exists

Quite correct. No doubt such headlines will increase newspaper sales.

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brandywine

Big mistake for Britain. Islamic law always favors men over women. Muslim women were able to defend their rihgts at the British courts. Now, when a problem arises between a Muslim woman and her husband, they have to accept these Islamic courts' litigation. Because there is going to be a huge pressure over them coming from their families, friends, generally society. Next thing Britain is going to face would be the honour killings and these courts and leaders will ask for the power to decide over these cases too.

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