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John Fotheringham - When Muslims look to Shari'ah principles, the law of Scotland can be quite accommodating



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Published Date: 25 August 2008
LORD Phillips of Matravers, the Lord Chief Justice of England, said in a speech last month that English lawyers would soon have to recognise that Muslims in England will increasingly want to refer their private law disputes to mediation or arbitration under the principles of the Shari'ah.




It may be that Scots law can go a bit further than that, on behalf of those who regard the Shari'ah as their personal law, no matter where they may be geographically – rather along the lines of familiar concept of the personal law of the do...



The full article contains 829 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 24 August 2008 7:14 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Legal Issues
 
1

Guga II,

Rockall 25/08/2008 03:01:07
It seems to me that if people want to live and function under Shariah law, then they should move to a country which operates such a system. If they come to Scotland they should be required to live and function under Scottish law.

2

Hugo of Garven,

25/08/2008 08:18:14
There seems to be no conflict in this area between Scots law and Shariah law although there are differences.

There are also areas of overlap where there is agreement due to the flexibility of Scots law. This is my understanding of the article.
3

eric,

Lothian 25/08/2008 08:49:02
Ahh,They have shops etc in UK.Theres no way they will leave and put shariah before money and wealth.
4

Mr. Lachie Todd,

Edinburgh 25/08/2008 09:36:37
Scots Law and that of many other legal systems in the world is founded on Canon Law.

Like Sharia, the tenets of every European society are derived from religious teachings, in this case Christianity.

Muslim immigrants practising Shariah Law in their adopted countries must realise that it can never be anything more than a mediation process outside Islamic countries.

Since before the Second World War, more non-Muslim immigrants arrived in the U.K. and Buddhists, Hindus, Jews, Sikhs, and many others have never questioned or attempted to influence the legal system in their new nation?

The Law of Austria, France, Germany, Italy, Portugal, Spain, England and Wales, Northern Ireland, Scotland, and every other E.U. nation is the law of the land!
5

Gunga Din,

25/08/2008 12:55:02
Where aspects of Shariah Law are observed in any non-Muslim country , be it Scotland or England for example , the whole exercise is based on Arbitration and Mediation. Nothing else. I repeat NOTHING ELSE. Nothing to do with chopping hands off , heads being lopped off , or stoning to death , or whatever else that can be cut off.
6

Aberdeen Group Organiser,

Aberdeen 25/08/2008 14:37:47
Gunga Din, don’t you understand what is happening its push push push, before long our football stadiums will be used for other purposes as they are in Saudi Arabia.

If Sharia law, or mediation starts getting used and accepted you can guarantee that before long they will want more. Wake up to the fact that Islam wants to take over the West.

Do we not have the right to our own nation and way of live in Scotland, or do we have to hand everything over to all in sundry.
An application for a 5000 capacity mosque is going through the usual council process, for here in Aberdeen. I wonder who will be funding it, will it be Saudi Arabia.

As Mr Todd quite rightly points out Buddhists, Hindus, Jews, Sikhs, etc manage to live here without incessant demands, perhaps that’s because their religion does not want to conquer the world. I feel threatened by Islam, and I don’t want any part of Scotland to be under any Islamic type justice, or way of life.
I want my daughters to live in the same country that my parents had with the same values, or is that too much for a Scotsman and his Scottish daughters to expect.
7

jerrymanders,

26/08/2008 00:14:49
Can a Catholic become King/Queen? If a "Royal" marries a Catholic do they lose their right to acsession? Shariah Law can get to the back of the queue.
8

Iftikhar,

London 27/08/2008 16:28:24
Muslim Youths

Muslim youths are angry, frustrated and extremist because they have been mis-educated and de-educated by the British schooling. Muslim children are confused because they are being educated in a wrong place at a wrong time in state schools with non-Muslim monolingual teachers. They face lots of problems of growing up in two distinctive cultural traditions and value systems, which may come into conflict over issues such as the role of women in the society, and adherence to religious and cultural traditions. The conflicting demands made by home and schools on behaviour, loyalties and obligations can be a source of psychological conflict and tension in Muslim youngsters. There are also the issues of racial prejudice and discrimination to deal with, in education and employment. They have been victim of racism and bullying in all walks of life. According to DCSF, 56% of Pakistanis and 54% of Bangladeshi children has been victims of bullies. The first wave of Muslim migrants were happy to send their children to state schools, thinking their children would get a much better education. Than little by little, the overt and covert discrimination in the system turned them off. There are fifteen areas where Muslim parents find themselves offended by state schools.

The right to education in one’s own comfort zone is a fundamental and inalienable human right that should be available to all people irrespective of their ethnicity or religious background. Schools do not belong to state, they belong to parents. It is the parents’ choice to have faith schools for their children. Bilingual Muslim children need state funded Muslim schools with bilingual Muslim teachers as role models during their developmental periods. There is no place for a non-Muslim teacher or a child in a Muslim school. There are hundreds of state schools where Muslim children are in majority. In my opinion, all such schools may be designated as Muslim community schools. An ICM Poll of British
9

Eustace,

/ 19/09/2008 23:37:17
I am an English incomer I must accept complete fundamental and total disrespect and abuse from people employed by or on behalf of the Public Services or my children/grandchildren pay a price or will be degraded.

There is no Law which protects me in Scotland.


 

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