By John Bingham, Religious Affairs Editor:
Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.
Under ground-breaking guidance, produced by The Law Society, High Street solicitors will be able to write Islamic wills that deny women an equal share of inheritances and exclude unbelievers altogether.
The documents, which would be recognised by Britain’s courts, will also prevent children born out of wedlock – and even those who have been adopted – from being counted as legitimate heirs.
Anyone married in a church, or in a civil ceremony, could be excluded from succession under Sharia principles, which recognise only Muslim weddings for inheritance purposes.
Nicholas Fluck, president of The Law Society, said the guidance would promote “good practice” in applying Islamic principles in the British legal system.
Some lawyers, however, described the guidance as “astonishing”, while campaigners warned it represented a major step on the road to a “parallel legal system” for Britain’s Muslim communities.
Baroness Cox, a cross-bench peer leading a Parliamentary campaign to protect women from religiously sanctioned discrimination, including from unofficial Sharia courts in Britain, said it was a “deeply disturbing” development and pledged to raise it with ministers.
“This violates everything that we stand for,” she said. “It would make the Suffragettes turn in their graves.”
The guidance, quietly published this month and distributed to solicitors in England and Wales, details how wills should be drafted to fit Islamic traditions while being valid under British law.
It suggests deleting or amending standard legal terms and even words such as “children” to ensure that those deemed “illegitimate” are denied any claim over the inheritance.
It recommends that some wills include a declaration of faith in Allah which would be drafted at a local mosque, and hands responsibility for drawing up some papers to Sharia courts.
The guidance goes on to suggest that Sharia principles could potentially overrule British practices in some disputes, giving examples of areas that would need to be tested in English courts.
Currently, Sharia principles are not formally addressed by or included in Britain’s laws.
However, a network of Sharia courts has grown up in Islamic communities to deal with disputes between Muslim families.
A few are officially recognised tribunals, operating under the Arbitration Act.
They have powers to set contracts between parties, mainly in commercial disputes, but also to deal with issues such as domestic violence, family disputes and inheritance battles.
But many more unofficial Sharia courts are also in operation.
Parliament has been told of a significant network of more informal Sharia tribunals and “councils”, often based in mosques, dealing with religious divorces and even child custody matters in line with religious teaching.
They offer “mediation” rather than adjudication, although some hearings are laid out like courts with religious scholars or legal experts sitting in a manner more akin to judges than counsellors.
One study estimated that there were now around 85 Sharia bodies operating in Britain. But the new Law Society guidance represents the first time that an official legal body has recognised the legitimacy of some Sharia principles.
Read more at The Telegraph
- ISLAMIC RULES TO BE ENSHRINED INTO ENGLISH AND WELSH LAW (breitbart.com) – The Law Society is officially a trade organisation for solicitors but in reality it has a much wider scope. It regulates Lawyers and can ‘strike them off’ its register, making it impossible to practise.
Lawyers are required to pay a membership fee to the Society, whether they agree with its stance of things like Sharia or not.
Conservative Lawyers took to facebook to complain to friends about the new rules, but none felt able to comment publicly because of the Law Society’s ability to end their careers.