Saturday, October 25, 2008

Islamic Courts Cleared to Deal with Family and Divorce Disputes as Government Endorses Sharia

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MAIL Online: Islamic courts have been cleared to deal with family and divorce disputes.

Sharia tribunals will be able to decide how a Muslim couple divide their money and property and who gets the children.

The sole proviso from Jack Straw's Justice Ministry is that a formal law court must rubber-stamp the ruling.

This would be in the form of a two-page form sent to a judge sitting in a family court. The divorcing couple would not need to attend.

The decision follows nine months of controversy over the role of tribunals run according to Islamic strictures.

In February, Downing Street slapped down the Archbishop of Canterbury when he suggested the rise of sharia law seemed 'unavoidable'.

But in July, Lord Phillips, who has since retired as Lord Chief Justice, said sharia principles could be the basis for resolving family and business disputes.

Muslim ministers have warned that sharia should not have an official role because it accords unequal status to men and women.

Giving more weight to evidence from men could hand them a greater share of property and enhanced custody rights.

Lawyers said yesterday that using the secretive family courts to endorse sharia decisions would draw a veil over matters of wide public interest. >>> By Steve Doughty | October 24, 2008

THE TELEGRAPH: Sharia Rulings on Divorces and Disputes to Be Rubber-stamped by English Courts

Civil rights campaigners are angry that ministers have approved plans to allow Sharia councils in Britain the right to settle disputes regarding money, property and access to children.

They say such tribunals are institutions for male domination which treat women like second-class citizens.

Couples who choose to use the Sharia system must get the ruling rubber-stamped by a judge sitting in an ordinary family court.
But neither party has to attend this hearing and approval can be obtained by filling in a two-page application.

The endorsement of Sharia was announced to MPs by Bridget Prentice, a junior minister, in answer to a parliamentary question.

She said Sharia councils would still have no jurisdiction in England, and rulings by religious authorities would have no legal force.

But she added: "If, in a family dispute dealing with money or children, the parties to a judgement in Sharia council wish to have this recognised by English authorities, they are at liberty to draft a consent order embodying the terms of the agreement and submit it to an English court. This allows English judges to scrutinise it to ensure that it complies with English legal tenets."

Campaigners condemned the plans as unacceptable and said that the rulings were not compatible with English law, while the Conservatives insisted that should be safeguards for women.

Nick Herbert, the shadow justice secretary, said: "There can be no place for parallel legal systems in our country.

"It is vital that in matrimonial disputes where a Sharia council is involved, women's rights are protected and judgments are non-binding."

Another Conservative spokesman, Paul Goodman, the shadow minister for communities and local government, accused the Government of keeping the public in the dark and warned: "There must be one British law for everyone." >>> By Chris Hastings, Public Affairs Editor | October 25, 2008

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