Legal expert argues for recognition of sharia law

In a debate on Islam and English Law, held at London’s Temple Church, Baroness Butler-Sloss — England’s first female Appeal Court judge and former head of the Family Division — said that judges should stop granting civil divorces to separating Muslim couples unless they had already been through a religious divorce. She claimed the move would end the "injustice" of women being left unable to remarry if their husband refused to grant them a divorce, because under Islam only men have the power to end marriages.

Lady Butler-Sloss called for ministers to change the law for Muslims, so that a decree absolute could not be issued by a civil court until evidence had been obtained of a sharia divorce. This would extend to Muslims the rights created for Jews under the Divorce (Religious Marriages) Act 2002, to prevent obstructive husbands withholding divorces from their wives. Under Islam, a woman cannot issue the talaq to end a marriage except in rare circumstances. She can ask a sharia council to dissolve the marriage but in doing so she would forfeit part of her financial rights.

Lady Butler-Sloss said she was “very tempted” to ask a question in the Lords as to why the 2002 Act should not be extended. She said it was an “injustice” to Muslims. A spokesman for the Ministry of Justice said religious groups could apply to the Lord Chancellor to become recognised by the Act.

Meanwhile, the One Law for All campaign writes: “A demonstration against sharia will take place in Trafalgar Square On Saturday, March 7, 2009. We plan to hold a symbolic demonstration from 3:30 to 4:30pm in the Northern Terrace of Trafalgar Square (we will be organising for a mass demonstration in November), then march from 4:30 to 5:30pm from there to Conway Hall and end with a public meeting entitled “Sharia law, Sexual Apartheid and Women’s Rights” at Conway Hall, 25 Red Lion Square, (nearest underground Holborn) from 6:00 to 8:00pm.

“This is your chance to voice your opposition to Sharia law and all religious-based tribunals in Britain and everywhere, demand one secular law and full citizenship rights for all and demand an end to cultural relativism and racism and defend universal rights. See One Law for All website for more details.

9 January 2009