July 2009 - Evangelicals Now - Christian Newspaper

There is an ongoing debate about the place of shari’a law in the English judicial system.

Over recent years there has been a tendency by the government to turn a blind eye and allow the establishment of shari’a courts in Muslim areas of the UK. Outwardly they are only tribunals, but as shari’a is indivisible and inseparable it does more than arbitrate. The Ministry of Justice has authorised Muslim Arbitration Tribunals, allegedly based on Beth Din (the Jewish system) and on the 1996 Act, but this should have had Parliamentary discussion and it did not.

Equality

It is generally assumed that these are areas in which there would be no significant conflict. But shari’a law does not accord with the principles of equality enshrined in UK law. For example, the use of religious law in family proceedings would deprive women of rights that are available to them in the civil courts. Last year, Islamic courts were cleared to deal with family and divorce disputes. Shari’a tribunals will be able to decide how a Muslim couple divides their property and who gets the children.

Destroying Christian heritage

It is believed that the government’s intention is to permit this process to continue and expand. On June 4, Lord Pearson of Rannoch posed an oral question in the House of Lords to seek the government’s clarification. The attendance for the debate was reported as very encouraging. However, it seems that the government is bent on destroying our Christian heritage and is deeply involved in encouraging Islam. An extract from the debate can be viewed at the Christian Concern for our Nation (CCFON) Media Centre.

CCFON had its legal experts examine the implications for this debate and published a document highlighting the depth of the conflict between the two systems. This has wide implications in our society and especially for the church where the law interacts with it. Lord Pearson was very grateful for the CCFON document and the government minister acknowledged the briefing, saying that it was a most helpful document.

This document is disturbing in its reading because it demonstrates how our legal system will be undermined by the Islamic system, each being founded on very different principles. With permission from CCFON, we give four items from the table they prepared, but the full document covers 27 areas. These include authority from which the laws emanate, system of governance, access to justice, relationship between religion and state, human rights legislation, freedoms, presumption of innocence, treason (including apostasy), blasphemy, dress code, dietary laws, financial transactions, family and property law, etc.

Nature of law - shari’a law

Shari’a law is reckoned to be divine in origin, complete, comprehensive and perfect in all respects from the time when Allah revealed it to Muhammad, hence it remains flawless. It is thus not amenable to change. It is universal in nature and application.

Nature of law - English law

By contrast, in English law, since an Act of Parliament in 1534, the monarch has been the head of the Church of England. However, canon law binds only clergy and churchwardens. In 1689, the Bill of Rights confirmed that Protestants were allowed to defend themselves and, in 1998, the Human Rights Act confirmed that all citizens have a right to the freedoms in the Act without discrimination on grounds such as sex and religion, in its Schedule 1, Article 14.

Law of human origin passed by democratic vote in Parliament following public debate, media comment, expert reports and consideration in committee. Laws are often criticised and improved upon or changed. Provisions may be revisited as often as the government of the day sees fit.

Scope of law - shari’a law

Shari’a law is classified by subject matter, but nonetheless proclaims itself to be indivisible: the ‘sacred’ cannot be separated from the ‘secular’. It covers all areas of life, from religion, hygiene and dietary laws, to dress code, family and social life, and from finance and politics to the unity of religion with the state. This is why, for example, Islamic financial products import the exclusions of pork, alcohol and gambling into their prohibitions and why religious rulings from religious authorities are needed to validate and regulate their operation. The family law applied in Muslim Arbitration Tribunals is inseparable from the rest of shari’a law — it is integrated into it. Due to the indivisible nature of shari’a law, its penal code will ultimately be enforced on Muslims through Muslim Arbitration Tribunals, just as it is being informally enforced at the moment through ‘honour’ killings. While this may seem incredible at present, it is also true that shari’a courts were operating informally for many years before they were integrated into the English legal system.

Scope of law - English law

English law governs all areas of life within England, although citizens are allowed their human rights and fundamental freedoms, so that areas of life such as religion, relationships between consenting adults, dress code, dietary choices, political views and economic choices are left to the preferences of individuals.

Legal system - shari’a law

In shari’a courts, all jurists, court officials and the judge must be Muslims; non-Muslims are not allowed to take part in any shape or form. No woman may become a judge.

Legal system - English law

Any suitably qualified and fairly selected individual may work in a court of law, practise law or judge cases irrespective of their religion, political beliefs or gender.

Purpose of the court system - shari’a law

The shari’a court requires Muslims to obey its authority in preference to national authorities. Every law that is incompatible with the shari’a or the spirit of Islam is unlawful for Muslims to do, apply, or enforce, whether the ruling authority permits or even orders such an act. In fact, it would be incumbent on every Muslim to abstain from such mandates and to prevent their execution. This may result in civil disobedience being required of British Muslims by the shari’a court — in other words the shari’a courts would create a state within a state. This may damage social cohesion.

Purpose of the court system - English law

To maintain law and order. To hold the government and public bodies to account. To enable citizens to settle disputes peacefully.

The full document (Shariah law-English law Table) may be studied on http://www.CCFON.org. We thank CCFON for representing our concerns so clearly and pray for their continuing effectiveness on behalf of our Lord and his church.

Legal system threatened