ISLAMIC law could play a role in some parts of the legal system, the most senior judge in England and Wales has said.
The Lord Chief Justice, Lord Phillips, ruled out the possibility of sharia courts sitting in this country or deciding penalties.
But in a speech at the East London Muslim Centre he said there was no reason why sharia principles could not be used in `mediation or other forms of alternative dispute resolution'.
Sharia - principles governing the way many Muslims believe people should live and the punishments they face - suffered from `widespread misunderstanding' by the rest of the world, he added.
Lord Phillips said: "There is no reason why sharia principles, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution.
"It must be recognised, however, that any sanctions for a failure to comply with the agreed terms of mediation would be drawn from the laws of England and Wales."
The Lord Chief Justice said severe physical punishments such as flogging, stoning and the cutting off of hands would not be acceptable.
He said: "There can be no question of such courts sitting in this country, or such sanctions being applied here.
"Those who live in this country are governed by English and Welsh law and subject to the jurisdiction of the English and Welsh courts."
The judge said the Archbishop of Canterbury, Dr Rowan Williams, had been misunderstood when it was reported in February that he said British Muslims could be governed by sharia law.
Dr Williams suggested sharia could play a role in `aspects of marital law, the regulation of financial transactions and authorised structures of mediation and conflict resolution'.
The Lord Chief Justice said: "It was not very radical to advocate embracing sharia law in the context of family disputes, for example, and our system already goes a long way towards accommodating the archbishop's suggestion.
"It is possible in this country for those who are entering into a contractual agreement to agree that the agreement shall be governed by a law other than English law."
What do you think? Have your say.
Tweet
Showing comments 1 to 18 and replies | View All
Pravda (04/07/2008 at 07:21)
Last one leaving this country can you turn the lights out please!!!!
mylifeinthemafia (04/07/2008 at 07:38)
Chris, Irlam (04/07/2008 at 08:44)
Ministry of Truth Spokesman (formerly MC Spanner) (04/07/2008 at 09:47)
The English Law Courts alreadyallow for disputes to go to arbitration at an agreed forum of both parties choosing.
If Two Muslim parties to that claim want ot use a Sharia Court for that - whats the problem?
At no point is Lord Phillips stating it should overide English Law in the future. Just another scare story.
suge, mancs (04/07/2008 at 09:50)
suge, mancs (04/07/2008 at 09:52)
ace, manchester (04/07/2008 at 10:08)
AH, Manchester (04/07/2008 at 10:10)
why not? this is Sharia law afterall.
-Soothsayer+ (04/07/2008 at 23:15)
It doesn't promote progression.
It's the complete opposite of our way of life.
Countries like Iran are driving undesirables out of their country so they can live in countries like ours. Then of course, they're met with the same situation.
I feel sorry for the people escaping persecution to our country only to find the persecutors have followed them.
This has got nothing to do with scare stories, it's the truth, it's what is happening in the world. I utterly oppose flogging, hanging, stoning, honour killings and forced marriages. How can this happen in our country.
All these conspiracy theories about the government fostering this mess are completely absurd, it's just the truth, and as soon as you accept the truth, the easier it will be.
mancunian, australia (04/07/2008 at 23:40)
In any event,the law makers have already compromised an Englishman's freedom by sidestepping 'Magna Carta'
with anonymous accusers &, or witnesses.
How much worse can Islamic law be?
thaitanium (05/07/2008 at 01:39)
So after having your hand cut off and you win your appeal will they sew it back on?
If Lord Phillips ever decides to visit planet Earth I would love to show him the sights along with his mate the chief wizard the Archbisop.
LookingForLogic, Stockport (05/07/2008 at 02:42)
But shame on him for stirring Pandora's Box.
Ethics of Sharia law can already be used in mediation where necessary/required. As long as it is not ENFORCED upon ANY citizen of the UK. If it were enforced it would not be legal under UK Law.
And it should be noted that enacting sharia law could result in breaking UK laws, which are apparently in place to protect our people, ALL of them.
Voter (05/07/2008 at 05:19)
ace, manchester (05/07/2008 at 12:31)
So the two guys in the newspaper today stabbed nery 300 times and set onfire isnt somethinhg from our dark past? I think that old idea of "Fighting fire with fire" should count here.if you kill somebody you forfit your life end of story.Its people with ideas like yours that cause these terrible crimes.
Steptoe Harold Albert kitchener, Germany (05/07/2008 at 14:30)
vera angry (06/07/2008 at 18:27)
vera angry (06/07/2008 at 18:33)
The crazy thing is, when I hear of crime/abuse of child/elderly/vulnerable, I imagine the kind of punishment I would deal out to the criminal...some may be far worse than sharia law would dole out!!.
vera angry (06/07/2008 at 18:40)
Quite right. this is the real reason for this story!. Another publicity stunt.