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British Judge Says Sharia As Part of Arbitration Is OK

By Howard M. Friedman

England's senior judge, Lord Chief Justice Lord Phillips, delivered a controversial speech on Thursday at a mosque in east London. The Mail reports that Phillips supported the possibility of using principles of Islamic Sharia law as part of an alternative dispute mechanism in family, marriage and financial disputes. He said in part: "'Those who are in dispute are free to subject it to mediation or to agree that it shall be resolved by a chosen arbitrator. There is no reason why principles of sharia law or any other religious code should not be the basis for mediation or other forms of dispute resolution." However, he said that any sanctions must be "drawn from the laws of England and Wales", so that severe physical punishment cold not be meted out by a Sharia arbitration panel. Opponents of the idea say, however, that this approach could disadvantage women.

Full post as published by Religion Clause on July 04, 2008 (boomark / email).