Estate Planning

Sharia and the Common Law

By Hull & Hull LLP

The UK, home of the Common Law, seems willing to experiment with alternatives under certain conditions. Elements of Sharia law are apparently making inroads into some areas, most notably family law and estate law.

In early 2008, the Archbishop of the Church of England suggested that the incorporation of elements of Islamic law into the English polity was unavoidable, causing quite a stir before being echoed by a top judge. For a sense of the extent of the debate this has caused in the UK, see this website.

The possible application of Sharia law and other forms of law in the same country has been in the news with respect to any number of countries, including the US, Nigeria, and Australia.

Here’s an interesting article from Australia suggesting that concerns about Sharia law in that country could be overblown. Also, see here for a reversal of the pattern of Common Law countries debating whether to incorporate Sharia, showing that change is not necessarily a one-way street.

Canada is not left out of the debate, with the possible incorporation of Sharia law into some legal relations having been recently ruled out by Quebec and Ontario, the two largest provinces.

It ought to be fascinating to see how things develop in the coming years.

Thanks for reading.

Sean Graham

Full post as published by Toronto Estate Law Blog on September 18, 2008 (boomark / email).