jack89
Date:
2008-07-04
Time: 11:25:19
|
Sharia law 'could have UK role'
Principles of sharia law could play a role in
some parts of the legal system, the Lord
Chief Justice has said.
Lord Phillips, the most senior judge in
England and Wales, said there was no reason
sharia law's principles could not be used in
mediation.
However, he said this would still be subject
to the "jurisdiction of the English and Welsh
courts".
Sharia is a set of principles which govern
the way many Muslims believe they should live
their life.
The Archbishop of Canterbury prompted
controversy when he said use of certain
aspects of the law "seems unavoidable".
In a speech at the East London Muslim Centre
in Whitechapel, Lord Phillips said that
sharia suffered from "widespread
misunderstanding".
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."
Severe physical punishments such as flogging,
stoning and the cutting off of hands would
not be acceptable, he said.
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."
'Misunderstood'
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, the
judge said.
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".
Lord Phillips said: "It was not very radical
to advocate embracing sharia 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."
Inayat Bunglawala from the Muslim Council of
Britain told BBC News that sharia law applied
only to civil matters.
He said: "I think it's important to clarify
that English common law already allows us to
go to mediation to whichever third party we
wish.
"So that is why you have sharia council, that
is why you have Jewish courts. It is a truly
voluntary arrangement.
"There is no parallel legal system. This
system cannot override English common law
system at all."
So what are your thoughts on this?? |
- Profiles
- Forums