Its an interesting piece of news to find that the English Courts have regarded the Muslim sharia laws for alternate dispute resolution and other civil disputes. To put it from the words of Lord Phillips, he acknowledges that Sharia laws could govern matrimonial disputes, alternate dispute resolution methods and disputes relating to financial transactions.
Before I move ahead, I would like to say a few words about what exactly is Sharia law.
Sharia law is basically the Islamic law derived from Koran, with a divine sanction. This system is followed in most of the Islamic countries and more and more states claim to have their system derived from Sharia laws. Its application in different countries are varied and have been in controversy as to its practicability and interpretation. However, the secular states do not have much of a good opinion about the Sharia laws which are backed by severe punishments which includes public executions, chopping off hands, stoning of women etc. It goes against the concept of human rights and is concerned to be imposing strict sanctions. Eg. Homosexuality is not tolerated by the system. It is also known to be vulnerable to women and is known to discriminate against women. According to this law a Muslim women if her divorce was governed by the Sharia laws would be allowed to marry again. In Canada a similar proposal to recognize Sharia law was in debate during the period of 2004, but ultimately it was decided not to go ahead with the same. In U.K., the Archbishop of Canterbury initiated the proposal of recognizing religious laws in a secular state, in the month of February, 2008, and a few weeks back on Lord Phillips, said to be the most elder Judge from The House of Lords backed him and recommended for acceptance and recognition of Sharia laws in resolving disputes and apply in cases like Mediation.
However some serious issues do arise due to this since the Sharia laws are said to be vulnerable to women as has been evident from its practise in the Muslim countries. Further the harshest punishment comes from the same law. Though the English judges have said that they intend to sanction through English law, it cannot be said as to how far can this be practicable. Too many laws can confuse people since they may be incompatible to the existing English laws. However a better option would be to moot for the same provided that those beliefs and traditions do not contradict the fundamental principle of equality on which Britain's laws are based.
However, the standing of the government in England that it has no intention to change its position and adopt the Muslim laws while it accepts the idea that Sharia law could govern civil law disputes majority pof which include matrimony and financial transactions.
Lrd Phillips recommendation which follow 5 months after Archbishop of Canterbury Dr. Rowan Williams suggested that Islamic law could govern marital law, financial transactions, and arbitration in disputes.
Before I move ahead, I would like to say a few words about what exactly is Sharia law.
Sharia law is basically the Islamic law derived from Koran, with a divine sanction. This system is followed in most of the Islamic countries and more and more states claim to have their system derived from Sharia laws. Its application in different countries are varied and have been in controversy as to its practicability and interpretation. However, the secular states do not have much of a good opinion about the Sharia laws which are backed by severe punishments which includes public executions, chopping off hands, stoning of women etc. It goes against the concept of human rights and is concerned to be imposing strict sanctions. Eg. Homosexuality is not tolerated by the system. It is also known to be vulnerable to women and is known to discriminate against women. According to this law a Muslim women if her divorce was governed by the Sharia laws would be allowed to marry again. In Canada a similar proposal to recognize Sharia law was in debate during the period of 2004, but ultimately it was decided not to go ahead with the same. In U.K., the Archbishop of Canterbury initiated the proposal of recognizing religious laws in a secular state, in the month of February, 2008, and a few weeks back on Lord Phillips, said to be the most elder Judge from The House of Lords backed him and recommended for acceptance and recognition of Sharia laws in resolving disputes and apply in cases like Mediation.
However some serious issues do arise due to this since the Sharia laws are said to be vulnerable to women as has been evident from its practise in the Muslim countries. Further the harshest punishment comes from the same law. Though the English judges have said that they intend to sanction through English law, it cannot be said as to how far can this be practicable. Too many laws can confuse people since they may be incompatible to the existing English laws. However a better option would be to moot for the same provided that those beliefs and traditions do not contradict the fundamental principle of equality on which Britain's laws are based.
However, the standing of the government in England that it has no intention to change its position and adopt the Muslim laws while it accepts the idea that Sharia law could govern civil law disputes majority pof which include matrimony and financial transactions.
Lrd Phillips recommendation which follow 5 months after Archbishop of Canterbury Dr. Rowan Williams suggested that Islamic law could govern marital law, financial transactions, and arbitration in disputes.
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