The Mudcat Café TM
Thread #170632 Message #4126779
Posted By: Steve Shaw
20-Nov-21 - 06:35 AM
Thread Name: BS: islamic banking
Subject: RE: BS: islamic banking
In 2018 an independent review into the application of sharia law in England and Wales was presented to Parliament. From it:
Sharia councils have no legal status and no legal binding authority under civil law. Whilst sharia is a source of guidance for many Muslims, sharia councils have no legal jurisdiction in England and Wales. Thus if any decisions or recommendations are made by a sharia council that are inconsistent with domestic law (including equality policies such as the Equality Act 2010) domestic law will prevail. Sharia councils will be acting illegally should they seek to exclude domestic law. Although they claim no binding legal authority, they do in fact act in a decision-making capacity when dealing with Islamic divorce.
Common misconceptions around sharia councils often perpetuate owing to the use of incorrect terms such as referring to them as ‘courts’ rather than councils or to their members as ‘judges’. These terms are used both in media articles but also on occasion by the sharia councils themselves. It is important to note that sharia councils are not courts and they should not refer to their members as judges. It is this misrepresentation of sharia councils as courts that leads to public misconceptions over the primacy of sharia over domestic law and concerns of a parallel legal system. The recommendations included in this report, such as changes to marriage law, are designed to promote equality between religions in ways that should challenge misconceptions of a parallel legal system and encourage integration.