On 4th June 2009 the House of Lords debate centred on whether they supported the implementation of Shari’ah Law in the UK. Interesting comments came out of the debate. It was suggested that it denies equality between men and women and also freedom of religion. It was also made clear that Shari’ah Law will never be allowed to take precedence over British Law.
In 2008 numerous headlines appeared of a new story that Shari’ah Law will become binding in the UK. It is therefore particularly important to bring awareness in light of the recent news stories of Shari’ah Law because for the first time in the UK since 2008 under the Arbitration Act 1996 the Islamic Shari’ah Council has taken the benefit of a clause. This section will examine the system with reference to case studies and judgments from the Shari’ah Courts in the UK; there will also be updates from time to time of real case law in respect of family law and also from religious advisers.
It will examine the divine (Shari’ah) Law and whether it gives greater protection to women and their human rights than UK Domestic Law.
One of the important matters to be addressed is the comparative analysis and position of women; the present UK trend show that many English people are now resorting to Shari’ah Courts; what could possibly be the reasons behind this? Could it be that it is a fairer system or could it be that people have lost confidence in the UK legal system.
Presently there is also research being conducted in order to review the new process of Shari’ah Courts in the UK and compatibility with UK Law.
Many think women are simply oppressed under Islam in one way or another; it is therefore particularly important to make reference to the original sources and in particular, the Qur’an and the Hadith (Teachings of the holy Prophet Muhammad) and demonstrate that women are equal to men in the Qur’an, some say they are not. This section will particularly attempt to identify the groups of women that suffer injustice and draw a comparison between Islam and the West.
Can Shari’ah Law be implemented into domestic law rather than the Arbitration Act 1996 and what are the critiques of doing so? Is it possible to use Islamic Law in the interests of seeking justice for women? Is it possible to combine the very best for the women from all of the interpretations of the Qur’an; most would say it is a political decision, and how can lawyers open new avenues to implement such decisions.
Already, people have lost confidence, for example, in capitalism; more and more people are now turning to Islamic Shari’ah compliant banking system rather than resorting to conventional banking. Likewise, more and more people are now turning to Shari’ah Courts and this website will attempt to address these questions and the legal issues.
We will attempt to articulate Islamic legal issues in the UK which are compatible in the modern context and also addressing the unique situation faced by Muslims in the West. Whilst we are in the early days of developing this website, we will attempt to look at the issues of Shari’ah compliant marriage and divorce in the UK. There are other aspects that are important to Muslims living in the West such as advice and guidance and financial, business and other matters.
It is particularly important for Muslims living in non-Islamic countries who deserve ‘special consideration’ within the Ummah (worldwide community of Muslims). It is also important to acknowledge that there are some aspects of their lives that cannot be changed because they live in the West. |