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Britain has 85 sharia courts: The astonishing spread of the Islamic justice behind closed doors PDF Print
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Tuesday, 30 June 2009 02:36

The Daily Mail

At least 85 Islamic sharia courts are operating in Britain, a study claimed yesterday. The astonishing figure is 17 times higher than previously accepted.

The tribunals, working mainly from mosques, settle financial and family disputes according to religious principles. They lay down judgments which can be given full legal status if approved in national law courts.

sharia law meeting

Disputes: Islamic leaders rule on disagreements

However, they operate behind doors that are closed to independent observers and their decisions are likely to be unfair to women and backed by intimidation, a report by independent think-tank Civitas said.

Commentators on the influence of sharia law often count only the five courts in London, Manchester, Bradford, Birmingham and Nuneaton that are run by the Muslim Arbitration Tribunal, a body whose rulings are enforced through the state courts under the 1996 Arbitration Act.

But the study by academic and Islamic specialist Denis MacEoin estimates there are at least 85 working tribunals.

The spread of sharia law has become increasingly controversial since its role was backed last year by Archbishop of Canterbury Dr Rowan Williams and Lord Phillips, the Lord Chief Justice who stepped down last October.

Dr Williams said a recognised role for sharia law seemed 'unavoidable' and Lord Phillips said there was no reason why decisions made on sharia principles should not be recognised by the national courts.

But the Civitas report said the principles on which sharia courts work are indicated by the fatwas - religious decrees - set out on websites run by British mosques.

The Archbishop of Canterbury Dr Rowan Williams

Controversial comments: Dr Rowan Williams said a recognised role for sharia law seemed 'unavoidable'

Mr MacEoin said: 'Among the rulings we find some that advise illegal actions and others that transgress human rights standards as applied by British courts.'

Examples set out in his study include a ruling that no Muslim woman may marry a non-Muslim man unless he converts to Islam and that any children of a woman who does should be taken from her until she marries a Muslim.

Further rulings, according to the report, approve polygamous marriage and enforce a woman's duty to have sex with her husband on his demand.

The report added: 'The fact that so many sharia rulings in Britain relate to cases concerning divorce and custody of children is of particular concern, as women are not equal in sharia law, and sharia contains no specific commitment to the best interests of the child that is fundamental to family law in the UK.

'Under sharia, a male child belongs to the father after the age of seven, regardless of circumstances.'

It said: 'Sharia courts operating in Britain may be handing down rulings that are inappropriate to this country because they are linked to elements in Islamic law that are seriously out of step with trends in Western legislation.'

The study pointed out that the House of Lords ruled in a child custody case last year that the sharia rules on the matter were 'arbitrary and discriminatory'.

And a 2003 judgment of the European Court of Human Rights in Strasbourg said it was 'difficult to declare one's respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverges from Convention values.'

However last year Justice Minister Bridget Prentice told MPs that 'if, in a family dispute ...the parties to a judgment in a sharia council wish to have this recognised by English authorities, they are at liberty to draft a consent order embodying the terms of the agreement and submit it to an English court.

'This allows judges to scrutinise it to ensure it complies with English legal tenets.'

Decisions from sharia tribunals can be presented to a family court judge for approval with no more detail than is necessary to complete a two page

form. The sharia courts in the Muslim Arbitration Tribunal are recognised as courts under the Arbitration Act. This law, which covers Jewish Beth Din courts, gives legal powers to a tribunal if all parties involved accept its authority.

The Civitas study said the Islamic courts should no longer be recognised under British law.

Its director Dr David Green said: 'The reality is that for many Muslims, sharia courts are in practice part of an institutionalised atmosphere of intimidation, backed by the ultimate sanction of a death threat.'

The Muslim Council in Britain condemned the study for ' stirring up hatred'.

A spokesman said: 'Sharia councils are perfectly legitimate. There is no evidence they are intimidating or discriminatory against women. The system is purely voluntary so if people don't like it they can go elsewhere.'

Patrick Mercer, Tory MP for Newark and chairman of the Commons counter-terrorism sub committee, said: 'We have an established law of the land and a judiciary. Anything that operates otside that system must be viewed with great caution.

'If crimes are going unreported to police, this will erode the authority of those who have to enforce our law. In a sovereign state there must be one law, and one law only.'

Philip Davies, Tory MP for Shipley, said: 'Everyone should be deeply concerned about the extent of these courts.

'They do entrench division in society, and do nothing to entrench integration or community cohesion. It leads to a segregated society.

'There should be one law, and that should be British law. We can't have a situation where people can choose which system of law they follow and which they do not.

'We can't have a situation where people choose the system of law which they feel gives them the best outcome. Everyone should equal under one law.'

Veteran Tory Lord Tebbit provoked anger among Muslims earlier this month by comparing Islamic sharia courts to gangsters.

He likened the tribunals to the 'system of arbitration of disputes that was run by the Kray brothers'.

Lord Tebbit told the Lords: 'Are you not aware that there is extreme pressure put upon vulnerable women to go through a form of arbitration that results in them being virtually precluded from access to British law?'

Warning that women could be shut out from the protection of the law, he asked Justice Minister Lord Bach: 'That is a difficult matter, I know, but how do you think we can help those who are put in that position?'

Comments (19)Add Comment
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written by RumahPanjai, June 30, 2009 02:50:59
The beginning of the path towards the dismantling of emancipation of women in Britain with blessings from the Archbishop and former CJ? Won't be long before Britain joins Iran and becomes an islamic kingdom. Time will tell whether equality of the sexes, the foundation of British democracy will survive the next generation amongst muslim women there.
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written by Cobweb76, June 30, 2009 03:43:49
I appologise if it is out of context but to comment on RPK latest article realted to the issues above;
"What would add value to Islam would be when you buy a car in Britain and you don’t end up paying double the insurance premium because you live in a high-crime rate ‘Muslim’ neighbourhood’ or that your home is cheaper in value because all your neighbours are non-white Muslims.

Now that would make me real proud indeed." - RPK

Me too. But who really gives Muslims a bad name if not Muslims themselves. Britain is not an Islamic nation (nor is Malaysia by the sounds of it but then that's a different debate). So if you are a Muslim, living in a country predominatly Christian (or another religion) you might want to show a good example of being a good citizen and not a threat. It is bad enough we have terrorist causing chaos and mayhem in the name of Islam, then you have non white muslims opening muslim schools where they teach the children there to basically hate everything about the British culture and that white non-muslims people will go to Hell and if we kill them, there's a better chance we will be accepted in Heaven. Now you tell me if the whole situation is reversed and you live in an Islamic nation and you are not a muslim and this goes on in a non muslim school, how would the muslim society around you react?
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written by amoker, June 30, 2009 04:52:45
the archbishop is out of touch. he does not dare to speak out in real issues. He even kept quiet when christians are not allowed to use "God" at work.
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written by gorshan, June 30, 2009 07:56:00
the Hindus in Britain should demand enforcement of Hindu laws too, no?
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written by FFT, June 30, 2009 09:39:43
written by Mama Juwie, June 30, 2009 06:03:10
Muslims in the UK are the most civilised Muslims I have ever met and they are very proud to be British, upholding civil rights and laws wherever they are.


While you're at it, why don't you go ahead and pull my other leg. smilies/grin.gif

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written by densemy, June 30, 2009 11:38:46
If a plaintiff is unhappy with a Shariah ruling surely he/she can take their complaint to a civil court

More fool them for resorting to Shariah Law
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written by nanakassim, June 30, 2009 12:00:57
written by FFT, June 30, 2009 09:39:43
While you're at it, why don't you go ahead and pull my other leg


FFT, welcome back to your bashing session.
BTW, what were they demonstrating about and how many of them were there?
Have a smashing day.
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written by Admiral Tojo, June 30, 2009 12:02:00
Syariah Courts are where the Arab Tribal Laws are meted out. Arab Tribal Laws are not ISLAMIC at all. To find out more, mentalbondageinthenameofgod.*********.com

Shalom
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written by 1351, June 30, 2009 13:32:56
Dear Mama Juwie,

Don't have to look too far for "most civilised Muslims" but in our own backyard. C'mon, I'm really disappointed and appalled you think 'them' more civilised than the Muslim brethren I associate with right here in M'sia.

I hold the believe M'sia was and can be a model Muslim state without the official tag, fanfare or the quest to 'martabatkan' Islam(all too often is it mere talk while the conduct far from exemplary).

Cheers all
Casper



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written by Admiral Tojo, June 30, 2009 14:40:39
Arabiyan - language you best articulate in and NOT Arabic. You have fallen into the trap of the disbelieving hypocritical Arab, Cabearth. If you still think that Arabs are GOD than be free to but I think it is rather silly.

No hypocrisy here, just common sense.

Shalom
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written by Mama Juwie, June 30, 2009 17:20:59
FFT,

Hahaha, your photo only proves that the Muslims in UK are enjoying their freedom of expression and right to assembly which is provided to all UK citizens to the fullest. In case you didn't know, anti-Israeli rallies are conducted in London almost every week, just like anti-Monarchy, anti-G20, anti-Bush, anti-War, anti-Government, anti-WTO, anti-God and pro-environment rallies. It does not in any way turn the country into Iran, Iraq, Soviet Union or China, but it strengthens the fact that the UK accepts everyone, whether you are a Christian or a Muslim, you have the right to say anything you like, as long as it is within the ambit of law. In UK, you can say, write or scream whatever you want in a rally. As far as I know, writing that you will behead someone is not a crime until you "actually" behead someone. It may sound scary to you but to me it's just an expression to show how serious they look at the matter.

You will be surprised to see that the protesters are actually very peaceful and organised, even the policemen will chat and laugh with some of them. So tell me, my friend, which civil right and law did they break in the photo that you have passionately shown to us?

Sorry mate, you just gave a wrong example.

1351,

You are entitled to your own believe as much as I am entitled to mine. I had experience in both situations and I still believe that the Muslims in UK generally are more open-minded, faithful and hardworking than the Muslims in Malaysia. Feel free to disagree.
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written by Sabahfan, June 30, 2009 20:22:14
I wish to congratulate the British Govt for allowing them in the first place. It wont be long before some body snatching will occur involving the anglo saxon britishers. all englanders will be forbidden to do their usual kissing when they bid their family members goodbyes. no holding hands at the park.
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written by nubie, June 30, 2009 21:33:27
Mama juwie

its always going to be scary to me and i suspect most people when someone threatens to hehead you and then cover up their face to prevent identification. I personaly know a Mauritian whose wife was blown up during the underground bombings by the muslim extremist/militants in London. You are merely defending the indefensible. One can always express their thoughts in a more non-aggresive way notwithstanding the fact that this will also indirectly affect how people view muslims.
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written by hamid, June 30, 2009 21:37:07
Before every volcanic eruption there will be minor earthquake or explosions happen which will never harm anyone, but in the later part no one can escape from the mass destruction if no precaution has been taken.
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written by AsamLaksa, June 30, 2009 22:41:53
Majority of British Muslims do not subscribe to syariah law in the UK even in matters of Family Law. Many do not even know that there are syariah courts in the UK. I know. I asked them.

The draw for syariah courts is that it is less formal, less cost and quicker to settle disputes. I have no problem with this. My main worry is that it risk alienating some section of the Muslim community and erode trust in the UK justice system. The UK government has recognised 5 syariah courts who has the power to make their decisions enforceable. The danger is the other 80 that are not regulated which risks erosion of the national laws. Some decisions may also be illegal within UK.

I wouldn't say that UK is going to the dogs based on this issue. However it's a worrying trend where people seek justice outside the national justice system. Let's just put it this way, if you are a government, would you allow an unregulated alternate justice system in your country?
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