Great Britain: Courts will be able to accept Sharia

Source: FSSPX News


Last July, Lord Nicholas Phillips, the Lord Chief Justice of England and Wales had proposed acceptance of Islamic law in procedures of reconciliation. “There is no reason why the principles of Sharia or any other religious code, could not be the foundation for mediation or other alternative forms of resolution of conflicts,” he said. However, if the mediation taking Sharia law into account should fail, “sanctions would come from the laws of England and Wales,” he pointed out.

A month ago, The Sunday Times reported that the government had tacitly accepted Sharia law in cases of divorce or inheritance. On October 26, the BBC announced that these decisions were binding, after having received the approval of the British authorities. Henceforth, the parties involved in litigation concerning children or financial matters, will be able to present the agreement concluded under Sharia, to British courts. If the court judges the agreement acceptable, it will be able to ratify it formally. In this way, judgments founded on Sharia will “conform to English law,” declared Bridget Prentice, of the Ministry of Justice of the United Kingdom.

“According to the law on arbitration, as soon as two or more parties agree expressly to be bound by the decision of a third party, they may obtain an arbitration,” explained the spokesman for the Ministry of Justice. Thus British Jews have had their own arbitration tribunal for more than a 100 years. However, “there can be no arbitration in criminal cases or in certain cases of family law, such as the custody of children.”

(Sources: apic/ kna )