What Isn't Wrong With Sharia Law?
THE GUARDIAN: To safeguard our rights there must be one law for all and no religious courts

Gita Sahgal says there is active support for sharia laws because it is limited to denying women rights in the family. Photograph: The Guardian
The recent global day against the imminent stoning of Sakine Mohammadi-Ashtiani in Iran for adultery is an example of the outrage sparked by the brutality associated with sharia law's penal code.

What of its civil code though – which the Muslim Council of Britain's Shaykh Ibrahim Mogra describes as "small aspects" that concern "marriage, divorce, inheritance, custody of children"? According to human rights campaigner Gita Sahgal, "there is active support for sharia laws precisely because it is limited to denying women rights in the family. No hands are being cut off, so there can't be a problem …"

Now a report, Sharia Law in Britain: A Threat to One Law for All and Equal Rights, reveals the adverse effect of sharia courts on family law. Under sharia's civil code, a woman's testimony is worth half of a man's. A man can divorce his wife by repudiation, whereas a woman must give justifications, some of which are difficult to prove. Child custody reverts to the father at a preset age; women who remarry lose custody of their children even before then; and sons inherit twice the share of daughters.

There has been much controversy about Muslim arbitration tribunals, which have attracted attention because they operate as tribunals under the Arbitration Act, making their rulings binding in UK law.

But sharia councils, which are charities, are equally harmful since their mediation differs little from arbitration. Sharia councils will frequently ask people to sign an agreement to abide by their decisions. Councils call themselves courts and the presiding imams are judges. There is neither control over the appointment of these judges nor an independent monitoring mechanism. People often do not have access to legal advice and representation. Proceedings are not recorded, nor are there any searchable legal judgements. Nor is there any real right to appeal.

There is also danger to those at risk of domestic violence. In one study, four out of 10 women attending sharia courts were party to civil injunctions against their husbands. Continue reading and comment >>> Maryam Namazie* | Monday, July 05, 2010

*Maryam Namazie is a rights activist, commentator and broadcaster and spokesperson of Iran Solidarity and One Law for All