Friday 19 October 2012

Undermining British law: Lords debate sharia reform

Religious arbiters claiming full legal powers will face a five year prison sentence under a bill going before the House of Lords this morning.

Lady's Cox's arbitration and mediation services (equalities) bill targets anyone in a sharia or Jewish beth din court pretending they have legal jurisdiction.

"What the bill is seeking to do is address a rapidly increasing alternative quasi-legal systems which undermine the fundamental principal – one law for all," she told Radio 4's Today programme.
"I think it's unacceptable in this country that a woman should be coerced into not having a civil marriage, only a religious one.

"Her husband can use violence which is often condoned by a sharia council."

At the moment a sharia or beth din council can act as an arbitrator in civil cases such as business disputes or divorces, provided both parties are consenting.

But many legal experts and human rights activists are concerned some Muslim women may be coerced in to using the courts without understanding they have no authority in common law.

But many legal experts and human rights activists are concerned some Muslim women may be coerced in to using the courts without understanding they have no authority in common law.

The bill is not specific to sharia or beth din courts, and would apply to all arbitrators posing as legally binding judges.

The bill would, if passed by the Lords, have to go through the full committee stages in the upper house before being debated and voted on in the Commons, which is unlikely to happen until the New Year at the earliest.

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