Sharia law – Government remains indifferent
The Government has responded to a Number 10 e-petition, submitted by Dawn Hamilton, which called for Sharia Law to be prohibited “from being binding in law under arbitration tribunals rules.”
Because of the level of support for the petition, the Government has now responded as follows:
Shari’a law is the code of personal religious law governing the conduct of Muslims. It can extend into all aspects of people’s lives – personal, religious, family, civil and criminal.
Shari’a law is not part of the law of England and Wales, and the Government does not intend to change this position. However, provided an activity prescribed by Shari’a law does not contravene the law of England and Wales, there is nothing to prevent people living by Shari’a law if they choose to do so. Muslims can, for example, wear traditional dress, and follow certain dietary rules; and they are, of course, completely free to worship in the way that they want.
There are a number of Shari’a councils in England and Wales. The Islamic community prefers to refer to them as ‘councils’ as they are not courts, have no judicial function, and do not deal with any criminal matters. On a private basis and where the parties consent, these councils deal with mediation and resolution of personal and contractual disputes. These councils are not part of the court system, although parties may find them useful in resolving litigation, as may be done with arbitration by regulatory bodies (such as ABTA). A Shari’a council could constitute an arbitration body if it is a tribunal that complies with the Arbitration Act 1996 (for example, that parties have given written consent to the Shari’a council to arbitrate.)
The decisions of Shari’a councils may be enforceable through the courts by virtue of the Arbitration Act. This provides that, where both parties agree to arbitration, the decisions of the Shari’a council will be enforceable if the requirements of the Arbitration Act are satisfied. However, council decisions may be challenged or refused enforcement in the same way and on the same grounds as any other domestic arbitration process so, if any decision by these councils were illegal or contrary to public policy, it would not be enforceable.
9 April 2009