Monday, July 06, 2009

Shariah Law In Britain: A First Hand Report

The Daily Mail's Edna Fernandes was granted access to the Islamic Sharia Council to observe specific examples of just how the process is working in Great Britain.

...Sharia has been operating here, in parallel to the British legal system, since 1982. Work includes issuing fatwas - religious rulings on matters ranging from why Islam considers homosexuality a sin to why two women are equivalent to one male witness in an Islamic court.

The Islamic Sharia Council also rules on individual cases, primarily in matters of Muslim personal or civil law: divorce, marriage, inheritance and settlement of dowry payments are the most common.


However, in the course of my investigation, I discovered how sharia is being used informally within the Muslim community to tackle crime such as gang fights or stabbings, bypassing police and the British court system.


A few hardline leaders would like it to be taken even further. One told me that Britain should adopt sharia punishments such as stoning and the chopping off of hands to reduce violent crime...


A study last week by the thinktank Civitas claimed that there could be as many as 85 sharia courts in Britain, although Dr Hasan says most of these are not formal courts. But it is certainly a growing network.


In his courts, support staff interview plaintiffs and compile a case study. Judgments are delivered by senior imams at closed monthly meetings and are sent in writing to the concerned parties. Up to 7,000 cases have been handled so far.


The Islamic Sharia Council is listed as a charity but people seeking a divorce, or talaq, must fill in a form and pay a fee. For a man it is £100; for women, it is £250 because the imams say it takes more work to process a woman's application as her word has to be corroborated...


In Britain, sharia courts are permitted to rule only in civil cases, such as divorce and financial disputes. Until last year, these rulings depended on voluntary compliance among Muslims. But now, due to a clause in the Arbitration Act 1996, they are enforceable by county and high courts...


To the casual observer, it may appear like a rather dry committee meeting. But these men are in effect running a legal system that critics fear could fragment the legal framework in Britain. Laws that once ruled supreme in Kabul are now being enforced in cities across Britain...


When I suggest that many people in Britain would find some of sharia's provisions extreme and difficult to accept, he agrees. 'We need to adapt sharia for British law. We could use some of the more moderate measures.'


Such as? 'Child abuse, under-age sex, teenage pregnancy, for example.'


I ask what the penalty would be for under-age sex. 'You won't like it. But sharia says if they're caught doing it, you stone the woman.'...


As I prepare to leave Leyton, office staff are cheering on Andy Murray at Wimbledon, a scene being played out across the country. Meanwhile, in a back room, Sheik Haitham Al-Haddad, one of the most senior imams in Britain, is once more contemplating the fundamental split between religion and state.


'There is a conflict between these two sets of values,' he concedes. ' Muslims believe our values are best. The non-Islamic British believe theirs are better. But at the end of the day, understand this: Muslims are never going to give up certain principles, even if they are in conflict. That is a fact.'


Sharia law in Britain is here to stay and perhaps even spread. But it's a perilous tightrope we tread - the line between multicultural tolerance and protecting the rights of the individual.