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Switch to Forum Live View Islamic sharia courts in Britain are now 'legally binding'
3 years ago  ::  Sep 14, 2010 - 11:12AM #1
Weepingangelofthetrees
Posts: 2,053

Islamic sharia courts in Britain are now 'legally binding'


The Daily Mail


September 15,2010


Islamic sharia law courts in Britain are exploiting a little-known  legal clause to make their verdicts officially binding under UK law in  cases including divorce, financial disputes and even domestic violence.


A  new network of courts in five major cities is hearing cases where  Muslims involved agree to be bound by traditional sharia law, and under  the 1996 Arbitration Act the court's decisions can then be enforced by  the county courts or the High Court.


Officials behind the new  system claim to have dealt with more than 100 cases since last summer,  including six involving domestic violence which is a criminal rather  than civil offence, and said they hoped to take over growing numbers of  'smaller' criminal cases in future.


 



Women are likely to suffer more if sharia law, which does treat women equally to men, becomes an accepted legal avenue


 


The revelations sparked uproar yesterday, with warnings that the  fundamental principle of equal treatment for all - the bedrock of  British justice - was being gravely undermined.


Critics fear  Britain's Islamic hard-liners will now try to make sharia law the  dominant legal system in Muslim neighbourhoods, and warn that women  often receive less favourable treatment at the hands of the traditional  Islamic courts. (Continues)


 



Related:


Revealed: UK’s first official sharia courts


 


Muslim Arbitration Tribunal


"Remember, Jesus would rather constantly shame gays than let orphans have a family."
Stephen Colbert
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3 years ago  ::  Sep 14, 2010 - 11:47AM #2
browbeaten
Posts: 2,634

Separation of Church and State just took a nosedive.  This reveals the lack of assimilation by Britain's Muslim population.


.

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3 years ago  ::  Sep 14, 2010 - 11:57AM #3
teilhard
Posts: 42,721

"Church" Law has ALWAYS been in force alongside Secular Law ...

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3 years ago  ::  Sep 14, 2010 - 12:12PM #4
Sirronrex
Posts: 2,675

Sep 14, 2010 -- 11:57AM, teilhard wrote:


"Church" Law has ALWAYS been in force alongside Secular Law ...






"Church" Law has NEVER been enforced by Secular Law in countries with freedom of/from religion...until now.


Get a clue.

I've been on a journey to nowhere...
and know that's the best place to be...
now...here...




If my faith isn't leading me inward, then my faith is leading me astray.

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3 years ago  ::  Sep 14, 2010 - 12:20PM #5
Ebon
Posts: 7,694

Regarding the sources: While The Times is entirely respectable, Americans really must stop citing the Daily Mail as a source. The Daily Mail is an extreme-right tabloid and what little news might actually be contained therein is filtered through a truly collosal level of bias, distortion and their famous fixations on immigration, cancer and demonising welfare claimants. THIS is a fairly accurate portrayal of their content and attitudes.


As for the story itself: It's a loophole, one that wasn't intended by the arbitration acts and will almost certainly be corrected as soon as Parliament returns from recess in October.

He who oppresses the poor shows contempt for their Maker, but whoever is kind to the needy honors God. ~ Proverbs 14:31

Fiat justitia, ruat caelum

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3 years ago  ::  Sep 14, 2010 - 12:21PM #6
Nepenthe
Posts: 2,206

Sep 14, 2010 -- 11:12AM, Weepingangelofthetrees wrote:

A new network of courts in five major cities is hearing cases where Muslims involved agree to be bound by traditional sharia law, and under the 1996 Arbitration Act the court's decisions can then be enforced by the county courts or the High Court.




Not that I agree with this setup, I certainly don't, but most people seemed to have glanced over this.  The parties involved must agree.  Still, a horrible turn of events.

Gary Johnson 2012
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3 years ago  ::  Sep 14, 2010 - 12:30PM #7
TemplarS
Posts: 5,177

Thanks, Ebon, for being the voice of reason.


But, I think, there is a dilemma here for those who support tolerance for immigrants. 


The expectation ought to be that if you are moving into a country, you ought to be prepared to abide by the laws you find there.  If you are not prepared to do so, nobody is holding a gun to your head forcing you to come.  It might be legal, but exploiting loopholes to try to bring your own laws with you doesn't seem quite right to me.


 

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3 years ago  ::  Sep 14, 2010 - 12:31PM #8
Christianlib
Posts: 21,848

Sep 14, 2010 -- 11:47AM, browbeaten wrote:


Separation of Church and State just took a nosedive.  This reveals the lack of assimilation by Britain's Muslim population.


.





 


Uh, how is what happens in British law of any import in US law?  As for the "Separation of Church and State" taking a nosedive, again, you don't seem too good at geography.  We are not the UK, THEY do not have our Constitution.  In fact, one of the points of our Separation from ole King George was just over such non-separation.  It was in all the papers about 200 years ago.  Guess you missed it.


And, finally, what irony, a prepresentative of the very party and group that wants to enshrine religious laws (concerning Gays, abortion, 10 Commandments, etc.) in the US, wanting to whine about religious laws in another country.


It is to laugh.

Democrats think the glass is half full.
Republicans think the glass is theirs.
Libertarians want to break the glass, because they think a conspiracy created it.
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3 years ago  ::  Sep 14, 2010 - 12:33PM #9
IreneAdler
Posts: 2,828

 


So is there any provision to prevent Sharia courts from handing down what might be deemed by British law as cruel and unusual punishment? What if stoning to death (punishment for adultery) was the sentence?


What about a lack of punishment (i.e. no punishment for something like an honor killing)? Would that go over well?


 Are these cases being documented and are they subject to review/appeal?


 Kinda messy if you ask me. Two sets of justice.


Irene 


 

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3 years ago  ::  Sep 14, 2010 - 12:37PM #10
Erey
Posts: 15,124

I know in the US sometimes it looks like criminal cases like domestic violence are viewed beyond a personal crime and are viewed as a social crime.  As in domestic violence affects the entire society.


I don't mind people deciding how they want to manage their own marriages, divorces, child custody and inheritance.  But criminal behavior should be universal amoung the entire population.  I personally don't see Sharia courts as dealing fairly with abused women or children which I  consider a socieital problem.  I don't see them as fair in divorce either but you can have any kind of divorce you want. 


I also worry about muslim women being pressured by the Islamic community to engage in sharia courts where they might find more comfort and justice in secular courts.


Can appeals be made to secular courts?

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