Rowan Williams, the archbishop of Canterbury and head of the Church of England, said he was shocked at the furor that arose after he told an audience earlier this year that he thought it “seems unavoidable” that some accommodation for Islamic sharia law would be implemented in Britain. However, Williams’ statements evidently were prophetic, as a report in the Sunday Times has revealed that the Islamic law is already operating in Britain, not only in domestic disputes, but also in criminal cases, reports Hilary White, LifeSiteNews.com.
The Times said this weekend that the government had officially accepted the existence of sharia law courts to officiate in Muslim civil cases. The rulings of a network of five sharia courts, in London, Birmingham, Bradford and Manchester with the network’s headquarters in Nuneaton, Warwickshire, are now enforceable “with the full power of the judicial system, through the county courts or High Court.”
Sheikh Faiz-ul-Aqtab Siddiqi, a barrister and head of the Muslim Action Committee, told the Times that the Arbitration Act 1996 allows rulings by his Muslim Arbitration Tribunal to 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,” he said.
Siddiqi said he expected the courts to handle a greater number of “smaller” criminal cases in coming years as more Muslim clients approach them. “All we are doing is regulating community affairs in these cases,” said Siddiqi.
The Times said that these Muslim courts started operating in August 2007 and have dealt with more than 100 cases, ranging from Muslim divorce and inheritance cases as well as six cases of domestic violence, normally a criminal procedure under British law. The Times quoted Inayat Bunglawala, assistant secretary-general of the Muslim Council of Britain, who said that since Jewish tribunals operate in Britain, parity should be given to Islamic courts.
Dominic Grieve, the opposition’s shadow home secretary, told the Times that courts operating in criminal and family law cases outside the regular system would be “unlawful.” “British law is absolute and must remain so,” he said.
Melanie Philips, writing on her blog at the Spectator, wrote that “confusion abounds” over the report, because there is “nothing new here at all” and said that the story is “overheated and misleading.” Decisions of sharia courts, she said, have always been enforceable under the Arbitration Act.
But, she said, this does not “dispel the serious concern about the spread of sharia law and the scope of these courts.” Philips is the author of “Londonistan”, a book that examines the incursions of violent Islamic extremists into British society with the assistance of British government and courts.
She said the comparison between Islamic courts and Jewish tribunals were misleading, since the latter operate completely within the framework of British law and do not seek to set up an alternate judicial system.
Moreover, she said, “given the inferior status of Muslim women under sharia, any sharia arbitration in respect of domestic violence can hardly be viewed with equanimity.”
“The key point,” she said, “is that sharia law is not compatible with English law or the principles of equality and human rights that it embodies. The result … is that Britain is allowing the development of a de facto parallel legal system in Britain, thus destroying our society’s cardinal principle of one law for all.”
She added, “Indeed, if this continues Britain will break up as a unitary state governed by one law for all … This is the way a society fractures – and then goes under.”
Damian Thompson, the editor of the Catholic Herald, wrote on his blog at the Daily Telegraph website that he not only agreed with Dominic Grieve that the idea of a parallel Muslim system of law was “unlawful”, but that it is an “outrage.”
“There’s something creepy about the way the police allow sharia ‘courts’ to persuade women to withdraw allegations against their husbands.”
A BBC Radio 4 report found that the cases covered by these tribunals are not restricted to domestic disputes. Radio 4 quoted a Somalian youth worker who lives in London who said that in one case a group of Somali youths were arrested on suspicion of stabbing another Somali teenager. The victim’s family told the police it would be settled out of court and the suspects were released on bail. The matter was considered settled when an unofficial “court” ordered the assailants to compensate the victim’s family. Scotland Yard said they had no record of the incident.
In his book Islam in Britain, Patrick Sookhdeo, director of the Institute for the Study of Islam and Christianity, wrote, “Sharia courts now operate in most larger cities, with different sectarian and ethnic groups operating their own courts that cater to their specific needs according to their traditions.”
Report from the Christian Telegraph