ChatterBank1 min ago
Sharia Law
Why are we allowing 80 SHARIA law courts to operate in this country
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For more on marking an answer as the "Best Answer", please visit our FAQ.Depends on what you mean by 'allowing it'
http:// www.exp ress.co .uk/new s/uk/61 1934/mi nisters -Sharia -Islami c-law-c ourts-L ord-Bat es-Ther esa-May
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The figure of 80 may have come from this Nigel Farage story in January
https:/ /fullfa ct.org/ factche ck/law/ 80_shar ia_cour ts_brit ain-383 19
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We did most of this over the weekend:
http:// www.the answerb ank.co. uk/News /Questi on14620 05.html
However, a few matters arising from this latest question need to be addressed.
“They have the 'real' law as backup.”
Absolute hogwash. The “real law” is there to be bypassed, it’s not there as a backup. The women involved in matrimonial and family matters handled by Sharia Courts have no reasonable access to the “real law”. They are dominated by the male members of their families or communities and the Sharia courts are similarly male dominated. Should they disagree with the rulings of a Sharia court (or indeed not wish to have their matter heard by one at all) they cannot simply pop down to their High Street solicitors and ask them to take action via the “real” law. Their lives simply don’t work like that.
“The Church of England has ecclesiastical courts to deal with specifically religious matters affecting it, so why should Islam be deprived?”
The Church of England’s courts do not interfere in family and matrimonial matters, or indeed anything usually dealt with by the “real” law. They do not rule on child custody or divorce. They confine themselves to “Church” matters. Forgive me for cribbing this bit:
“The courts have jurisdiction over matters dealing with the rights and obligations of church members, now limited to controversies in areas of church property and ecclesiastical disciplinary proceedings.”
So, they deal with unfrocked vicars and the like, not quite the same thing at all.
“Why aren't you also asking about the Beth Din courts?”
If it were my question I would because I find them equally offensive and unacceptable.
For my general views on the issue see the earlier question.
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However, a few matters arising from this latest question need to be addressed.
“They have the 'real' law as backup.”
Absolute hogwash. The “real law” is there to be bypassed, it’s not there as a backup. The women involved in matrimonial and family matters handled by Sharia Courts have no reasonable access to the “real law”. They are dominated by the male members of their families or communities and the Sharia courts are similarly male dominated. Should they disagree with the rulings of a Sharia court (or indeed not wish to have their matter heard by one at all) they cannot simply pop down to their High Street solicitors and ask them to take action via the “real” law. Their lives simply don’t work like that.
“The Church of England has ecclesiastical courts to deal with specifically religious matters affecting it, so why should Islam be deprived?”
The Church of England’s courts do not interfere in family and matrimonial matters, or indeed anything usually dealt with by the “real” law. They do not rule on child custody or divorce. They confine themselves to “Church” matters. Forgive me for cribbing this bit:
“The courts have jurisdiction over matters dealing with the rights and obligations of church members, now limited to controversies in areas of church property and ecclesiastical disciplinary proceedings.”
So, they deal with unfrocked vicars and the like, not quite the same thing at all.
“Why aren't you also asking about the Beth Din courts?”
If it were my question I would because I find them equally offensive and unacceptable.
For my general views on the issue see the earlier question.
Yes, QM, we won't argue because we are largely in agreement. However your reply gave the impression (well it certainly gave me the impression) that Sharia Courts are no more harmless or offensive than the CofE courts. ("The Church of England has ecclesiastical courts to deal with specifically religious matters affecting it..."). If that were solely the case with Sharia Courts I would have no problems at all. I have no interest in any religion whatsoever and have even less in how those organisations impose their rules (provided breach of those rules does not contravene UK law as well).
But Sharia Courts go much farther than that. They pass judgements adopting principles which are perverse to UK law on matters that they have no right adjudicating on at all. Furthermore this is not simply an informal arbitration tribunal composed to simply avoid the courts and which may go to law if the arbitration is unacceptable either of the parties. The parties (and I'm mainly thinking of Muslim women) have no realistic recourse to UK law when the Courts' invariably perverse decisions are delivered. And that is simply wrong
But Sharia Courts go much farther than that. They pass judgements adopting principles which are perverse to UK law on matters that they have no right adjudicating on at all. Furthermore this is not simply an informal arbitration tribunal composed to simply avoid the courts and which may go to law if the arbitration is unacceptable either of the parties. The parties (and I'm mainly thinking of Muslim women) have no realistic recourse to UK law when the Courts' invariably perverse decisions are delivered. And that is simply wrong
"You're assuming, NJ. "
What am I assuming?
Read reports, surveys and case studies about women having been dealt with by Sharia Courts. Read about the outcomes (and the bases upon which they were reached); read about the efforts of some of the women effected to have their plight formally dealt with in the "proper" courts. Speak to a few Muslims to get their understanding of how Sharia Courts operate. Then decide whether the proper law is there as a backup or not.
Of course all the reports, surveys and studies may be lies. But somehow I doubt it.
What am I assuming?
Read reports, surveys and case studies about women having been dealt with by Sharia Courts. Read about the outcomes (and the bases upon which they were reached); read about the efforts of some of the women effected to have their plight formally dealt with in the "proper" courts. Speak to a few Muslims to get their understanding of how Sharia Courts operate. Then decide whether the proper law is there as a backup or not.
Of course all the reports, surveys and studies may be lies. But somehow I doubt it.