Top judge sees mediation role for Sharia
Posted: Friday, July 4, 2008, 9:20 (BST)
Islamic Sharia law could have a role in mediation in England, but the country will never have Islamic courts that can impose their own judgments, the top judge said on Thursday.
In a speech, Lord Chief Justice Nicholas Phillips waded carefully into an issue that caused outrage when the Archbishop of Canterbury discussed it earlier this year.
"There is no reason why Sharia principles, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution," Phillips said in a speech at the East London Muslim Centre.
"It must be recognised, however, that any sanctions for a failure to comply with the agreed terms of mediation would be drawn from the laws of England and Wales," he added.
Britain has 1.7 million Muslims, and the role of Muslim institutions in public life is a touchy issue for a government which says it is committed to both "multiculturalism" and integrating minorities into the wider culture.
Archbishop of Canterbury Rowan Williams caused a storm of outrage by saying earlier this year that it was "inevitable" that aspects of Sharia law would be adopted in Britain.
His remarks caused outrage, with newspapers accusing him of suggesting that women could be denied protections of British law if their husbands were allowed to seek Sharia divorces. He apologised for giving offence and said he was misunderstood.
Phillips said English law would remain the law of the land, but that parties to a dispute are free to agree to accept Sharia principles or other religious precepts if they decide to seek mediation.
"So far as the law is concerned, those who live in this country are governed by English and Welsh law and subject to the jurisdiction of English and Welsh courts."
A spokesman for the Department of Justice, which oversees courts in England and Wales said: "English law, which is based on our shared values of equality and a respect for the rule of law of course takes precedence over any other legal system.
"The UK is proud of its diverse society and is committed to ensuring cohesive communities. There is nothing in English law that prevents people abiding by Sharia law if they wish to, provided it does not conflict with English law."
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Added: Saturday, July 5, 2008, 15:34 (BST)
The thin end of the wedge has just gotten bigger.
Individual law systems, other than English common law, may exist within certain communities, but it is a fact that those religious communities - Jewish, Ba'ahi, ect., - do not have, at their base, the avowed intention to overthrow the existing law system of the country they are in. Islam does, no matter what the 'moderate' muslim community says, as there is a manifesto that states as such, at least as far as the acknowledged fundamentalists are concerned. If they cannot forcefully convert a country, then they will do it by stealth. This is what the Soviet Communists tried to do during the Cold War, but they failed. They did not have people who were prepared to sacrifice themselves willingly for their 'cause'. Islam does, however.
By and large, again, it is NOT THE PEOPLE, but the system which is at fault. Many are born into Islam and have no say as to whether or not they wish to stay as such, but are given dire warnings as to what will occur if they deny Islam. This is what is happening to the 60,000 Christians in Iran, and those who make a committment to Christ are arrested legally and imprisoned until they recant. How they might be 'persuaded' is anybody's guess! But this will now enshrined in their law, at least as from Thursday 3rd July 2008, when it was announced on World In Focus on Genesis TV (Sky 772). But it is not in, or prominently expressed, in the secular media, at least at this time.
Lord Chief Justice Nicholas Phillips must live in the same ivory tower as our own esteemed Archbishop Williams to come up with such a out-of-touch statement as this. Sharia law, by its own precepts, does not jibe with what is, essentially, Christian law, as it is militant by nature. One only needs to observe its outworkings in countries that abide soley by Sharia law to prove the point.
This is not an 'us-and-them' argument, but try instituting western Christian law for non-muslim westerners or Christians in Saudi Arabia or Iran, for instance, and see how far it will get!
Sauce for the goose is not, in this case, necessarily for the gander.
Chris Maguire, Ventnor, IoW
