Even Infidels Are Turning to Sharia Law
THE SUNDAY TIMES: As more and more non-Muslim Britons seek Islamic justice, Edna Fernandes asks how it will change our society

Dressed in immaculate white kurta pyjamas and with fingers interlaced, Sheikh Faiz Siddiqui leant back in his white leather chair as he listened.

Before him were two warring businessmen: a Muslim of Asian origins and his white non-Muslim partner, who had come to seek judgment on a dispute. This proved to be a run-of-the-mill squabble over whether the non-Muslim had been cheated out of the profits of their jointly owned car-fleet company by the Muslim.

What made the case out of the ordinary is that it was the the non-Muslim who had chosen to take his grievance to a religious tribunal run by imams according to the laws of sharia — an ancient Islamic code of conduct that dates back to the time of the prophet Muhammad in the 7th century.

As the story of the business unfolded, the sheikh — one of two judges presiding that day — began to suspect the Muslim businessman was not being entirely honest in his evidence. So what happened next, I asked, when I met Siddiqui at his opulent offices in Warwickshire.

“I reminded him of his vows to God,” he said. “I told him, ‘You can lie and you can cheat this other man. But realise this: one day, you will face the Day of Judgment and on that day you will face Allah himself and be punished’.”

The sheikh’s words apparently had a profound effect. The Muslim businessman promptly changed his story, admitting he had cheated, and his non-Muslim partner was awarded £48,000 in compensation by the two Muslim judges.

“Sharia,” the 41-year-old sheikh explained to me, “is the law of Allah. So, yes, I invoke God in a legal setting. It creates a moral compulsion to tell the truth.”

This case was just one of several hundred that have been ruled on by the Muslim Arbitration Tribunal (Mat) since it was set up two years ago to operate as a civil sharia court. Since its formation, 5% of the cases have involved a non-Muslim.

Siddiqui is a Pakistani-born barrister and the founder and chairman of Mat’s governing council. He organises the funding of the service and costs are recouped through charges to those who use it — ranging from £150 to £2,500, depending on the nature of the case and its duration. Each hearing has two judges: one a mufti who is a learned imam with training in Islamic law; the other a Muslim lawyer or judge trained in UK law. None of the 67 judges is paid a fee. And, according to the sheikh, none of the money needed to run the tribunals comes from abroad.

His judges are not the only ones dispensing justice in British sharia courts: a recent report by Civitas, the think tank, estimated that there are about 85 sharia tribunals — including many that deal with divorce — operating in the UK. Some of these are less formal affairs in which individual imams make rulings in their mosques.

All of them are increasingly busy as more and more people bypass the traditional courts to seek religious rulings that are just as binding under British law. >>> Edna Fernandes* | Sunday, July 26, 2009

*Edna Fernandes is the author of Holy Warriors, published by Portobello Books. www.ednafernandes.com

Sharia Courts Set to Bring Muslim Law to Bear in Scottish Cities
THE SCOTSMAN: SECRET talks are under way to bring Islamic sharia law courts to Scotland, The Scotsman has learned.

Qamar Bhatti, director of the Muslim Arbitration Tribunal (MAT), which runs the courts, admitted discussions were taking place with lawyers and Muslim community groups in Scotland.

The group is believed to be aiming to set up courts in Edinburgh and Glasgow.

In September it emerged that five sharia courts, ruling on civil cases from divorce to domestic violence and financial disputes, had been operating for more than a year in London, Birmingham, Bradford, Manchester and at MAT headquarters in Nuneaton, Warwickshire.

The courts have legal powers, with their decisions enforceable through the county courts or high courts.

However, concerns have been raised about the establishment of a "dual legal system".

Women's domestic violence groups have also voiced fears, saying traditional sharia law arbitration is "dangerous and inappropriate" in cases of abuse.

Last night Bill Aitken, the Scottish Tory justice spokesman, said: "Informal private arrangements between individual members of the Muslim community are one thing, but in criminal matters Scottish courts must have total jurisdiction. "Matters of divorce and domestic violence require to be determined by conventional courts. We cannot have private arrangements when human rights are an issue."

The move to establish sharia courts has sharply divided opinion among Scotland's Muslims.

Some defend the right of the Muslim community to rule on its own affairs. But others say MAT has not consulted them and there is no demand for sharia courts.

Aamer Anwar, a Glasgow-based civil rights lawyer, said: "Those using sharia law are fully entitled to religious freedom as long as it doesn't conflict with criminal law. Because it happens to be Islamic , people jump to the conclusion it is barbaric.

"It is down to the community to decide for itself."

Commenting on criticisms over domestic violence, he said: "The woman has full entitlement to go before any court or to the police. With sharia law, when domestic violence is raised it always runs into a fanfare of hysteria."

Noman Tahir, of the Scottish-Islamic Foundation, said there was no groundswell of support for sharia courts in Scotland.

"Currently, Scottish Muslims resolve civil matters through the courts or voluntary third-party arbitration with Islamic scholars and imams," he said. "This has worked well for many years and we are not aware of any unhappiness with these arrangements or calls for change."

A spokeswoman for Shakti Women's Aid, which supports black minority ethnic women, said it was not in favour of the courts in Scotland.

"Cases of domestic abuse and divorce should be heard within the Scottish judicial system," she said. "We fear that many female victims of domestic abuse may be pressurised by their families and partners to accept the rulings of the sharia court as final and prevent them from seeking legal assistance from the Scottish court system, which might force them to continue living within abusive relationships."

John Scott, a human rights lawyer, said: "There is a place for sharia law, but we need to be careful those aspects unfavourable to women are not allowed to dominate.

"I have less concern about fears over a dual legal system than aspects which are inconsistent in practice with equality issues. But such courts cannot be set up unsupervised and they would need to be monitored." Sharia Courts Set to Bring Muslim Law to Bear in Scottish Cities >>> By Shân Ross | October 9, 2008

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