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Sharia law 'could have UK role' | Sharia law 'could have UK role' |
(11 minutes later) | |
Principles of sharia law could play a role in some parts of the legal system, the Lord Chief Justice has said. | Principles of sharia law could play a role in some parts of the legal system, the Lord Chief Justice has said. |
Lord Phillips, the most senior judge in England and Wales, said there was no reason sharia law's principles could not be used in mediation. | Lord Phillips, the most senior judge in England and Wales, said there was no reason sharia law's principles could not be used in mediation. |
However, he said this would still be subject to the "jurisdiction of the English and Welsh courts". | However, he said this would still be subject to the "jurisdiction of the English and Welsh courts". |
Sharia is a set of principles which govern the way many Muslims believe they should live their life. | Sharia is a set of principles which govern the way many Muslims believe they should live their life. |
The Archbishop of Canterbury prompted controversy when he said use of certain aspects of the law "seems unavoidable". | The Archbishop of Canterbury prompted controversy when he said use of certain aspects of the law "seems unavoidable". |
English common law already allows us to go to mediation to whichever third party we wish Inayat BunglawalaMuslim Council of Britain class="" href="/1/hi/uk/7234870.stm">Q&A: Sharia law explained In a speech at the East London Muslim Centre in Whitechapel, Lord Phillips said that sharia suffered from "widespread misunderstanding". | |
Lord Phillips said: "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. | Lord Phillips said: "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. |
"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." | "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." |
Severe physical punishments such as flogging, stoning and the cutting off of hands would not be acceptable, he said. | Severe physical punishments such as flogging, stoning and the cutting off of hands would not be acceptable, he said. |
He added: "There can be no question of such courts sitting in this country, or such sanctions being applied here. | He added: "There can be no question of such courts sitting in this country, or such sanctions being applied here. |
"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 the English and Welsh courts." | "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 the English and Welsh courts." |
'Misunderstood' | |
The Archbishop of Canterbury, Dr Rowan Williams, had been misunderstood when it was reported in February that he said British Muslims could be governed by sharia law, the judge said. | The Archbishop of Canterbury, Dr Rowan Williams, had been misunderstood when it was reported in February that he said British Muslims could be governed by sharia law, the judge said. |
HAVE YOUR SAYWe mustn't allow there to be different laws for different sections of societyTina, Manchester, UKSend us your comments | |
Dr Williams suggested that sharia could play a role in "aspects of marital law, the regulation of financial transactions and authorised structures of mediation and conflict resolution". | Dr Williams suggested that sharia could play a role in "aspects of marital law, the regulation of financial transactions and authorised structures of mediation and conflict resolution". |
Lord Phillips said: "It was not very radical to advocate embracing sharia law in the context of family disputes, for example, and our system already goes a long way towards accommodating the archbishop's suggestion. | Lord Phillips said: "It was not very radical to advocate embracing sharia law in the context of family disputes, for example, and our system already goes a long way towards accommodating the archbishop's suggestion. |
"It is possible in this country for those who are entering into a contractual agreement to agree that the agreement shall be governed by a law other than English law." | "It is possible in this country for those who are entering into a contractual agreement to agree that the agreement shall be governed by a law other than English law." |
Inayat Bunglawala from the Muslim Council of Britain told BBC News that sharia law applied only to civil matters. | Inayat Bunglawala from the Muslim Council of Britain told BBC News that sharia law applied only to civil matters. |
He said: "I think it's important to clarify that English common law already allows us to go to mediation to whichever third party we wish. | He said: "I think it's important to clarify that English common law already allows us to go to mediation to whichever third party we wish. |
"So that is why you have sharia council, that is why you have Jewish courts. It is a truly voluntary arrangement. | "So that is why you have sharia council, that is why you have Jewish courts. It is a truly voluntary arrangement. |
"There is no parallel legal system. This system cannot override English common law system at all." | "There is no parallel legal system. This system cannot override English common law system at all." |