I noticed an article today in the Times that said Sharia has been adopted as legally binding law in Great Britain.
Here's the article:
http://www.timesonline.co.uk/tol/news/uk/crime/article4749183.ece
The gist of it is this - the cleric Sheikh Faiz-ul-Aqtab Siddiqi took advantage of a clause in Arbitration Law that allows legally binding arbitration if both parties agree. This allows and requires the Sharia courts' decisions to be enforced by all UK courts. It is still arbitration, though - you can't be forced into it, although assuming you are Muslim you could face sanctions if you refuse to submit to Sharia law. This has particular relevance in domestic violence cases, since UK law and Sharia law, um, vary somewhat as to whether a husband may beat his wife.
I don't think this legalizes polygamy, since criminal law can't be arbitrated, or the more draconian penalties authorized under Sharia. It has the limitations of any arbitration process, which is designed to allow to parties to work out disputes and complaints without burdening the courts. If for instance a wife files a criminal complaint alleging abuse, she would have to withdraw the complaint; it would not automatically disappear simply because she agreed to a hearing in Sharia court. Or at least so it seems to me, with my admittedly spotty knowledge of arbitration.
So how do you feel about this? Is it a dangerous excursion into crossing the line between church and state, something admirable that should be emulated by the Church of England, something suitable for Muslims but not non-Muslims, or some other take?
Discuss, please.
Here's the article:
http://www.timesonline.co.uk/tol/news/uk/crime/article4749183.ece
The gist of it is this - the cleric Sheikh Faiz-ul-Aqtab Siddiqi took advantage of a clause in Arbitration Law that allows legally binding arbitration if both parties agree. This allows and requires the Sharia courts' decisions to be enforced by all UK courts. It is still arbitration, though - you can't be forced into it, although assuming you are Muslim you could face sanctions if you refuse to submit to Sharia law. This has particular relevance in domestic violence cases, since UK law and Sharia law, um, vary somewhat as to whether a husband may beat his wife.
I don't think this legalizes polygamy, since criminal law can't be arbitrated, or the more draconian penalties authorized under Sharia. It has the limitations of any arbitration process, which is designed to allow to parties to work out disputes and complaints without burdening the courts. If for instance a wife files a criminal complaint alleging abuse, she would have to withdraw the complaint; it would not automatically disappear simply because she agreed to a hearing in Sharia court. Or at least so it seems to me, with my admittedly spotty knowledge of arbitration.
So how do you feel about this? Is it a dangerous excursion into crossing the line between church and state, something admirable that should be emulated by the Church of England, something suitable for Muslims but not non-Muslims, or some other take?
Discuss, please.