How Sharia Courts Operate in the UKMAIL ON SUNDAY: In a shabby converted sweetshop in Leyton, East London, a group of burka-clad Muslim women sit in a waiting room. They have an appointment with Dr Suhaib Hasan at his twice-weekly surgery.
The women look worried. There is no talking in the airless reception area - the only sound is a fan purring quietly in the corner as temperatures outside exceed 80F.
Inside, the atmosphere is just as stifling. There are no magazines, television or other diversions. The beige walls are bare except for a flow-chart depicting the process of securing a Muslim divorce, and a picture of Mecca.
This is no GP's surgery or Citizens Advice Bureau. Within these non-descript walls lies the nerve centre of sharia law in Britain, the headquarters of the Islamic Sharia Council, which oversees the growing number of Muslim courts operating in Britain.
For the first time, the Islamic Sharia Council has granted access to a newspaper to observe the entire sharia legal process in Britain. Over several weeks, I was allowed to witness the filing of complaints, individual testimony hearings and the monthly meeting of imams, or judges, where rulings are handed down.
Sharia has been operating here, in parallel to the British legal system, since 1982. Work includes issuing fatwas - religious rulings on matters ranging from why Islam considers homosexuality a sin to why two women are equivalent to one male witness in an Islamic court.
The Islamic Sharia Council also rules on individual cases, primarily in matters of Muslim personal or civil law: divorce, marriage, inheritance and settlement of dowry payments are the most common.
However, in the course of my investigation, I discovered how sharia is being used informally within the Muslim community to tackle crime such as gang fights or stabbings, bypassing police and the British court system.
A few hardline leaders would like it to be taken even further. One told me that Britain should adopt sharia punishments such as stoning and the chopping off of hands to reduce violent crime.
There are 12 councils or courts operating in Britain under Dr Hasan's group, based in London, Birmingham, Manchester, Rotherham and Bradford. Scores more imams dispense justice through their own mosques.
A study last week by the thinktank Civitas claimed that there could be as many as 85 sharia courts in Britain, although Dr Hasan says most of these are not formal courts. But it is certainly a growing network.
In his courts, support staff interview plaintiffs and compile a case study. Judgments are delivered by senior imams at closed monthly meetings and are sent in writing to the concerned parties. Up to 7,000 cases have been handled so far.
The Islamic Sharia Council is listed as a charity but people seeking a divorce, or talaq, must fill in a form and pay a fee. For a man it is £100; for women, it is £250 because the imams say it takes more work to process a woman's application as her word has to be corroborated.
The literal meaning of sharia is 'source of water in the desert', meaning the source of all spiritual life for Muslims. This is not just a code of law, but a way of life.
In sharia-based societies, such as Saudi Arabia or the old Taliban-ruled Afghanistan, crimes against society are punished by beheadings, stoning to death and amputations. Women are kept in purdah and limited to child-rearing and caring for the home.
All Western influences, from alcohol, music, television and movies, are banned. It is a rigid prescription for Islamic life that seeks its guidance from the days of the Prophet in the 7th Century.
In Britain, sharia courts are permitted to rule only in civil cases, such as divorce and financial disputes. Until last year, these rulings depended on voluntary compliance among Muslims. But now, due to a clause in the Arbitration Act 1996, they are enforceable by county and high courts.
Sharia law UK: Mail on Sunday gets exclusive access to a British Muslim court >>> Edna Fernandes | July 04, 2009
Edna Fernandes is author of Holy Warriors, published by Portobello Books at £8.99. To order your copy at £8.99 inc p&p, call The Review Bookstore on 0845 155 0713. www.ednafernandes.com
