UK: Muslim-led panel, advised by imams, recommends NOT outlawing sharia courts

Shocked? They attempt to claim they aren’t even sharia “courts”…although the government report itself is titled, “Applying sharia law in England and Wales: independent review.” And they want to institutionalize the Islamic temporary marriage or nikah (aka prostitution).

Source: Report into Sharia Law in the UK – 6.4152_HO_CPFG_Report_into_Sharia_Law_in_the_UK_WEB.pdf

It should also be noted at the outset that those proposing a ban on sharia councils provide no counter proposal or any solution for anyone seeking a religious divorce. It is clear from all the evidence that sharia councils are fulfilling a need in some Muslim communities. There is a demand for religious divorce and this is currently being answered by the sharia councils.

This demand will not end if the sharia councils are banned and closed down and could lead to councils going ‘underground’, making it even harder to ensure good practice and the prospect of discriminatory practices and greater financial costs more likely and harder to detect. It could also result in women needing to travel overseas to obtain divorces, putting themselves at further risk.

We consider the closure of sharia councils is not a viable option. However, given the recommendations also proposed in this report include the registration of all Islamic marriages as well as awareness campaigns it is hoped that the demand for religious divorces from sharia councils will gradually reduce over time. These key recommendations address the issue of current discriminatory practices identified within the sharia councils.

It should also be noted at the outset that those proposing a ban on sharia councils provide no counter proposal or any solution for anyone seeking a religious divorce. It is clear from all the evidence that sharia councils are fulfilling a need in some Muslim communities. There is a demand for religious divorce and this is currently being answered by the sharia councils.

This demand will not end if the sharia councils are banned and closed down and could lead to councils going ‘underground’, making it even harder to ensure good practice and the prospect of discriminatory practices and greater financial costs more likely and harder to detect. It could also result in women needing to travel overseas to obtain divorces, putting themselves at further risk.

We consider the closure of sharia councils is not a viable option. However, given the recommendations also proposed in this report include the registration of all Islamic marriages as well as awareness campaigns it is hoped that the demand for religious divorces from sharia councils will gradually reduce over time. These key recommendations address the issue of current discriminatory practices identified within the sharia councils.

Recommendation 1: legislative change
Amendments to the Marriage Act 1949 and the Matrimonial Causes Act 1973. The changes are
to ensure that civil marriages are conducted before or at the same time as the Islamic marriage
ceremony, bringing Islamic marriage in line with Christian and Jewish marriage in the eyes of
the law.
Such legislative changes would be through amendments to the Marriage Act 1949 offences
sections, so that the celebrant of any marriage, including Islamic marriages, would face
penalties should they fail to ensure the marriage is also civilly registered. This would make it
a legal requirement for Muslim couples to civilly register their marriage before or at the same
time as their Islamic ceremony.
6
The independent review into the application of sharia law in England and Wales
It is also proposed that there should be minor amendments to legislation on divorce through
changes to the Matrimonial Causes Act 1973. This would be changes under section 10 A to
ensure equality amongst all religions. The review recommends a short insertion into the section
to bring Islamic divorce in line with that of the Jewish Get. The inclusion of a Muslim marriage
by Nikah could be inserted in Section 10 A (1) (a) (ii) through the use of a Statutory Instrument
following the provisions of subsection 6.
By linking Islamic marriage to civil marriage it ensures that a greater number of women will have
the full protection afforded to them in family law and the right to a civil divorce, lessening the
need to attend and simplifying the decision process of sharia councils.
Recommendation 2: awareness campaigns
The panel’s opinion is that the evidence shows that cultural change is required within Muslim
communities so that communities acknowledge women’s rights in civil law, especially in
areas of marriage and divorce. Awareness campaigns, educational programmes and other
similar measures should be put in place to educate and inform women of their rights and
responsibilities, including the need to highlight the legal protection civilly registered
marriages provide.
Alongside this is the need to ensure that sharia councils operate within the law and comply
with best practice, non-discriminatory processes and existing regulatory structures. In particular,
a clear message must be sent that an arbitration that applies sharia law in respect of financial
remedies and/or child arrangements would fall foul of the Arbitration Act and its underlying
protection.
Finally there is the need to raise public awareness in communities as to the availability of legal
aid and the exceptions to the Legal Aid Sentencing and Punishment of Offenders (LASPO) Act
(including the domestic violence and child protection exceptions) which mean that public funding
is available to applicants.
Recommendation 3: regulation
Recommendations 1 and 2 of this report aim to gradually reduce the use and need for sharia
councils. However, in the meantime there needs to be a further recommendation on how to
prevent discrimination in the immediate and medium term. The recommendation of regulation is
put forward by the majority of the review panel, but is not unanimously supported; one member
of the panel is not in agreement and their reasoning is detailed in this report.
Recommendation 3 proposes the creation of a body that would set up the process for councils
to regulate themselves. That body would design a code of practice for sharia councils to accept
and implement. There would, of course, be a one-off cost to the government of establishing
this body but subsequently the system would be self-regulatory. This body would include both
sharia council panel members and specialist family law legal expertise. It is to be noted that in
speaking with the sharia councils, none were opposed to some form of regulation and some
positively welcomed it.

More via: Bombshell: UK Govt Review into Sharia Admits Systemic Discrimination Against Women, Unknown Number of ‘Councils’, Forced Marriage Victim Made to Appear with Abusers

7 thoughts on “UK: Muslim-led panel, advised by imams, recommends NOT outlawing sharia courts

  1. More proof that Liberalism is a Mental Disease. England’s Liberal leaders handed the country over to Islam on a silver platter and financed their own demise. England is lost as a Free Western country.

  2. No country can have 2 sets of laws. The idea of letting muslims move to UK is to give them AN OPPORTUNITY to live in the 21st century. If they are going to bring antiquated laws, then what is the point. They might as well live in the middle east with their sharia law.

  3. Islam is a Cancer, as thus it must be Eradicated, World Wide ASAP!
    Islam is NOT a religion, maybe a cult at most, but more of a Political system then a Religion
    Since the start of islam, 270 million People have been killed by muslims world wide, it is not a religion of peace.
    To back up my facts watch this video and see for yourself – https://youtu.be/t_Qpy0mXg8Y

  4. If Muslims are trying to demand “Sharia Law” in western democricies, they better forget it! US, British, and other western nation’s laws conflict with Mohammed’s Koran and Sharia laws! Surely this won’t happen. Why did they migrate to western countries if they expect us to bow down to their Anti-Christ Koranic Sharia Laws. They should migrate to Muslim nations if that’s what they’re after. We in the western democracies don’t tolerate two sets of laws to please the Muslim’s Koranic Sharia Laws. Each free nation in the west have our own Judeo/ Christian based laws. Are western nations going to allow polygomy, wife beating, and other cruel laws in our current constitutions that have been defended for centuries?

  5. “This demand will not end if the sharia councils are banned and closed down and could lead to councils going ‘underground’, making it even harder to ensure good practice …..etc.”
    Harder to ensure? Apparently it’s not possible to ensure good practice now.
    Meanwhile the imams might have missed a trick. If they went back ‘underground’, they’d be easier for the ‘authorities’ to ignore.

  6. Pingback: 2/16/2018 – United Kingdom, Turkey, Italy, France, Austria | The United West

If sharia law continues spreading, you'll have less and less freedom of speech - so speak while you can!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.