Sharia law Is Well and Truly Operating in the UK – Thanks to the Law Society

NATIONAL SECULAR SOCIETY: Sadikur Rahman, of the Lawyers Secular Society, fears a practice note issued by the Law Society could compromise the Code of Conduct for solicitors and increase the application of Sharia law in the UK.

It was with incredulity that I saw this practice note issued by the Law Society last week.

Lawyers will know that practice notes issued by the Law Society are guidance on best practice for specific topics or areas of law.

This practice note provides guidance to lawyers specialising in areas such as wills, succession and inheritance, and in particular how to accommodate the wishes of clients who want to ensure their assets are distributed according to 'sharia law principles' on their death.

I'm not a wills lawyer, but according to memory in the UK unless you draw up a will, on death your estate will be distributed according to the rules of intestacy. I'm sure most lawyers will also say that clients can do whatever they want with their assets, and it has always been the case that a lawyer must follow the client's instructions on such issues.

But what this guidance does is legitimise discrimination towards women and "illegitimate children" – if that term still has any meaning in English law. In an astonishing few paragraphs the guidance states (at Section 3.6):

"The male heirs in most cases receive double the amount inherited by a female heir of the same class. Non-Muslims may not inherit at all, and only Muslim marriages are recognised. Similarly, a divorced spouse is no longer a Sharia heir, as the entitlement depends on a valid Muslim marriage existing at the date of death.

"This means you should amend or delete some standard will clauses. For example, you should consider excluding the provisions of s33 of the Wills Act 1837 because these operate to pass a gift to the children of a deceased 'descendent'. Under Sharia rules, the children of a deceased heir have no entitlement, although they can benefit from the freely disposable third.

"Similarly, you should amend clauses which define the term 'children' or 'issue' to exclude those who are illegitimate or adopted."

Now, of course a person has always been able to distribute their assets in any way they wish and a Muslim may completely legally have distributed their assets according to sharia principles, without letting the lawyer know the basis of the instructions. The difference now is that a solicitor could offer this service to a Muslim client and the Muslim client can say they want to distribute their assets in a certain way because of their religious requirement. » | Sadikur Rahman | Friday, March 21, 2014