Sunday 14 September 2008

Dominic Grieve draws the line


And he is right. Today the Times spots that the government has "quietly sanctioned the powers for sharia judges to rule on cases ranging from divorce and financial disputes to those involving domestic violence".

Apparently rulings issued by a network of five sharia courts are enforceable with the full power of the judicial system, through the county courts or High Court. The decision has been welcomed by Inayat Bunglawala from the Muslim Council of Britain.

Sheikh Faiz-ul-Aqtab Siddiqi, whose Muslim Arbitration Tribunal runs the courts, said he had taken advantage of a clause in the Arbitration Act 1996.

Under the act, the sharia courts are classified as arbitration tribunals. The rulings of arbitration tribunals are binding in law, provided that both parties in the dispute agree to give it the power to rule on their case.

Siddiqi said: “We realised that under the Arbitration Act we can make rulings which can be enforced by county and high courts. The act allows disputes to be resolved using alternatives like tribunals. This method is called alternative dispute resolution, which for Muslims is what the sharia courts are.”

Jewish Beth Din courts operate under the same provision in the Arbitration Act and resolve civil cases, ranging from divorce to business disputes. They have existed in Britain for more than 100 years, and previously operated under a precursor to the act.

Dominic Grieve, the shadow home secretary, said: “If it is true that these tribunals are passing binding decisions in the areas of family and criminal law, I would like to know which courts are enforcing them because I would consider such action unlawful. British law is absolute and must remain so.”

Douglas Murray, the director of the Centre for Social Cohesion, said: “I think it’s appalling. I don’t think arbitration that is done by sharia should ever be endorsed or enforced by the British state.”

All a bit tricky really. The Beth Din is allowed to operate so why not the Sharia courts. Its because of fear, fear of the future. If the British Rule of law is not enforced now then it has had it. In the future the Muslim population is going to be very large. Fine its part of the changei Britain and the world. However we cannot have a parallel legal system. it won't work and could cause all sorts of social problems.

Therefore I agree with Dominic Grieve. The line must be drawn now. If that means amending legislation then do it even if it affects the Beth Din and Sharia Courts.

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