Religion & Law

One MOJ reader had this comment in response to Carissa Mulder's thoughts on the UK case that I posted last evening:

Carissa Mulder towards the end of her comments states that "The UK has

never recognized sharia law." and later she states: "I would be happy

if sharia law were the equivalent of courts of canon law."



I think the accuracy of her first statement depends on what she means

by "recognize" because the UK government has allowed sharia courts to

operate in limited circumstances and has approved sharia-compliant

financial institutions to be formed and operate within the UK.



Sharia courts, like the Jewish Beth Din courts, are treated as

arbitration tribunals under the UK Arbitration Act 1996.  The parties

have to voluntarily consent to have the courts hear their case and

abide by its decision.  In cases for change of status, like divorce,

they may adjudicate the religious case but the parties still must seek

a civil divorce in order for their marriage to be legally ended under

the laws of England and Wales.  So in the case of divorce, sharia

courts and Jewish Beth Din courts are acting in ways that are somewhat

similar to the Office of the Tribunal of a particular Catholic diocese

which decides whether to issue declarations of nullity for Catholics

who wish their marriage to be annulled.

See this BBC article on Jewish Beth Din courts:

http://news.bbc.co.uk/2/hi/7233040.stm

See this Telegraph article on Sharia courts in the UK:

http://www.telegraph.co.uk/news/newstopics/lawreports/joshuarozenberg/2957692/What-can-sharia-courts-do-in-Britain.html

See also this Daily Mail article in which a reporter observed several

cases heard by a UK sharia court:

http://www.dailymail.co.uk/news/article-1197478/Sharia-law-UK--How-Islam-dispensing-justice-side-British-courts.html



Not everyone in the UK is happy to have sharia courts operating in the

UK like Catholic canon law courts or Jewish Beth Din courts.  The

articles in the past few years on sharia courts have sparked a

campaign to ban sharia courts.  The "One Law for All" campaign seeks

to have all sharia courts and religious tribunals banned and the laws

amended to prevent them from operating.  See the One Law for All

petition at:  http://onelawforallpetition.com/onelaw/onela300.php?nr=40155035

 This petition, however, is so broad that it would likely end up

banning Jewish Beth Din and Catholic canon law courts if its was

actually enacted into law.



As mentioned above, in addition to allowing sharia courts to operate

in limited circumstances, the UK has made other accomodations for

sharia law.  The Financial Services Authority has recognized three

Islamic banks and one Islamic insurance company as being authorized to

do business within the UK.  These institutions provide financial

products that comply with the sharia prohibition on usury, among other

things.