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How the law governs every aspect of a Muslim's life
Evening Standard8 Feb 2008
HOW THE LAW GOVERNS EVERY ASPECT OF A MUSLIM'S LIFE
WHAT IS SHARIA?
Sharia is the law which governs the lives of Muslims. It covers all aspects of behaviour, including civil and criminal matters. It is derived from the Koran, the sayings of the Prophet Mohammed and the rulings - known as fatwas - of Islamic scholars.
WHAT DOES IT SAY?
In its more extreme versions sharia is used to justify execution, amputation, the stoning to death of adulterers, the killing of homosexuals and other punishments seen as barbaric by Western eyes. Many countries and Muslims subscribe to less hardline versions of sharia and use sanctions that are more consistent with those in non-Islamic countries. This explains the difference, for example, between the draconian laws of countries such as Iran and Saudi Arabia and the more relaxed systems in nations such as
Bahrain, the United Arab Emirates and Malaysia.
IS IT JUST ABOUT LEGAL MATTERS?
Sharia also governs the day-to-day details of a Muslim's life, such as prayer, fasting, donations to the poor and the treatment of women, including the need to cover themselves in public. Again, interpretations vary, leading to significantly different approaches to life between one Muslim country and another.
WHAT WOULD BE THE PROBLEMS OF INCORPORATING IT INTO BRITISH LAW?
If aspects of sharia were judged to be consistent with British law, which would be a matter of dispute, then there would be practical problems with ensuring that those who administered it were trained to the same standard and that litigants and defendants were given the same rights. Such concerns have led the European Court of Human Rights to declare that sharia is incompatible with democracy. The biggest concern - unless all sharia decisions were to be separately authorised by a British court - would be about the implications of setting up a parallel legal system and the potential for confusion and legal conflict between judgments reached in the two systems.
WHAT ABOUT OTHER RELIGIONS?
British Jews often use their own courts, the Beth Din, to resolve civil disputes, ranging from business conflicts to divorce, and the decisions of those courts do gain some recognition in UK law. To end a Jewish marriage, however, those separating must also obtain a civil divorce as well as going through the Jewish legal process, meaning that British law remains paramount.
Similarly, business disputes are settled in the Beth Din by a form of binding arbitration, but this is used to keep matters out of a civil court that might otherwise end up there rather than to operate as a separate legal authority distinct from British law.
IS THERE ANY REALISTIC WAY TO USE SHARIA?
If sharia was to be used to resolve civil disputes before they came to British courts then it could have a useful role in reducing the amount of litigation that takes place, which is potentially a very positive outcome. Beyond this it is hard to see a way forward. There is also no distinction in sharia between civil and criminal matters, which could present further problems if any attempt was made to use it more widely.
Reader views (1)
"If sharia was to be used to resolve civil disputes before they came to British courts then it could have a useful role in reducing the amount of litigation that takes place."
Sharia courts are already resolving civil disputes between Muslims who agree to accept their rulings, just as any non-Muslims are able to solve their disputes out of court, often with advice from solicitors. What needs to be done is to ensure rulings being made in Sharia courts do not conflict with English or Scottish law.
- Lin, London, UK, 08/02/2008 21:17
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