There is an ongoing debate about the place of shari’a law in the English judicial system.
Over recent years there has been a tendency by the government to turn a blind eye and allow the establishment of shari’a courts in Muslim areas of the UK. Outwardly they are only tribunals, but as shari’a is indivisible and inseparable it does more than arbitrate. The Ministry of Justice has authorised Muslim Arbitration Tribunals, allegedly based on Beth Din (the Jewish system) and on the 1996 Act, but this should have had Parliamentary discussion and it did not.
Equality
It is generally assumed that these are areas in which there would be no significant conflict. But shari’a law does not accord with the principles of equality enshrined in UK law. For example, the use of religious law in family proceedings would deprive women of rights that are available to them in the civil courts. Last year, Islamic courts were cleared to deal with family and divorce disputes. Shari’a tribunals will be able to decide how a Muslim couple divides their property and who gets the children.
