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Sharia courts divisive



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Published Date: 11 October 2008
Scotland definitely benefits from the variety of cultures, traditions and beliefs which we now have in our plural society.
However, absorbing these into our legal system can be divisive and prevent some people's assimilation into this society. We already have religious apartheid in our schools, something the majority of folk disagree with. Now there is an idea of legalising sharia law (your report, 8 October), surely a move which will make assimilation and acceptance even more difficult for some who already are finding this so, and feed existing prejudices.

Confusion of cultural traditions with legal requirements can be dangerous.

A S EDWARDS
Tom Morris Drive
St Andrews, Fife



The full article contains 111 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 10 October 2008 8:12 PM
  • Source: The Scotsman
  • Location: Edinburgh
 
1

rpb,

11/10/2008 07:33:37
I bet Iran will be introducing Scots law for anyone who has happened to emigrate there from Scotland.

Not

Why are the UK authorities so intent on destroying home values and beliefs? Does any other country do this as blatantly?
2

larryt,

11/10/2008 08:35:58
We don't have religious apartheid in our schools. Anyone can go to faith schools. We do have social apartheid where no matter how much you may want to go to a certain state school you can't as you don't have the money for a property in the catchment area. That ensures the well to do get their segregated schooling in a de facto private setting at the taxpayers expense while the plebs are kept well out of it in the schemes. That's not even to say nothing of the huge numbers of secondary school pupils at private schools in Edinburgh...
3

Mr. Lachie Todd,

Edinburgh 11/10/2008 08:56:32
In truth, Sharia Courts are nothing more than glorified Citizens Advice Bureaus.
4

StuartAD,

West Lothian 11/10/2008 09:00:55
1#
The reason that undermining of local values & beliefs are the Govenment wants the immigrant vote, therefore it gives way on all things. Anything to remain in power.
5

Gdgy,

Dndy 11/10/2008 09:46:25
Who said Sharia Law would be "legalised?"

It could be run as a form of concilliation, which needs no form of legalisation, but I don't think anyone is sugggesting that it should be "law"

Peopl are scared of strange things....
6

Green,

Dundee 11/10/2008 10:17:15
On this matter bear in mind the following.

Lord chief justice, Lord Phillips, speech to the Muslim Council on the 3rd of July 2008 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 [with the understanding] … that any sanctions for a failure to comply with the agreed terms of mediation would be drawn from the laws of England and Wales.”. He also suggested that sharia principles should be applied to marriage arrangements.

The lord chief justice is badly misinformed, what’s new?

Divorce mediation is available to any British citizen wishing to take divorce proceedings in the UK who applies to take mediation proceedings to properly qualified mediation practitioners. It covers decisions about the monay and the children, it cannot cover the actual granting oof a divoce, a divorce is given by the gcourts, there is no power for individuals in our society to decide they want to be divored and make a legal change in their civil status, until a court agrees.

Mediation cannot take place where there is an imbalance of power and knowledge between the parties. Any mediator who is working with people who have decided voluntarily to try it, must end the mediation if there is an imbalance, otherwise they are in breach of their professional rules (mediators are trained and monitored). The mediation cannot then take place and accordingly cannot be placed before the British courts.

In existing family mediation in Britain UK research finds serious imbalance in bargaining power caused by three main issues:
• domestic violence (31%)
• sense of guilt makes person liable to agree to prejudicial result
• cultural norms deny women decision making authority.

Thus the situation at present is that any couple, regardless of any religious or other background they have, can volunteer for and seek to use the mediation process. They have to go to mediators who are
7

zeno,

www.thinkhumanism.com 11/10/2008 10:22:05
Our justice system is based on equality before the law: justice must be blind to those before it (hence the symbolism of the blindfolded lady on the Old Bailey). Sharia does not treat those before it with that same equality, so whether or not it replaces any existing British justice, it cannot be tolerated.

Also, many brought before a Sharia court (regardless of the 'offence') will not be aware of their full rights and may not even know they might have another choice.

Say no to Sharia in any form.
8

Green,

Dundee 11/10/2008 10:26:05
mediators who are properly trained according to the well established rules for mediation process. Any properly qualified mediator will assess after the first mediation meeting if the mediation can continue successfully. This can only happen where the parties undertaking it have a proper balance of power between them. If there is no such balance of power for any reason, due to their religious background, violence, vast differences in abilities etc, the mediator withdraws and no mediation results can be presented to a court in England and Wales.

If of course the intention, envisaged by Phillips is to change the existing situation and say that mediators can be trained according to some religious code, this would drive a coach and horses through the established idea of mediation. Mediation is the process of facilitating open and frank agreements between people who are equally balanced in power. No religious system existing provides that: for marriage and indeed between men and women. Indeed in family mediation disputes it is normal for there to be two mediators for every couple, one man, one woman. because of the salience of gender in our societies.

Only when a mediation is between two parties balanced in power do British courts allow mediated agreements to be rubber stamped by judges. In all other cases the court retains its usual role, that of making decisions based on the law, fairness and equity between parties who may have differences of power, ability, knowledge and mental strength, and where leaving them to resolve their own disputes will produce an unjust result. That’s what our courts are there for.

9

Southern Cross,

11/10/2008 11:53:20
#2: "We don't have religious apartheid in our schools."

Please don't insult our intelligence.

10

Maria,

thinkhumanism.com 11/10/2008 11:56:57
I urge everyone to support the Council of Ex-Muslims of Britain in their fight to combat the introduction of Sharia Law in the UK and everywhere else.

Anyone who went to their national conference yesterday and heard about the human rights abuses that arise as a direct result of allowing political islamism as codified in Sharia a foothold in western democracies, would be under no illusion that there is anything good about it. Sharia IS to be feared. Keep it out!
11

Artemis,

11/10/2008 12:56:23
#7 - there are no proposals to introduce Sharia law to deal with offences. Offences will continue to be dealt with under criminal law. The proposals are to make Sharia courts available for Muslims dealing with civil disputes, in the same way that Beth Din, Jewish courts, have dealt with civil matters between Jews in the UK for centuries.
12

zeno,

www.thinkhumanism.com 11/10/2008 13:15:47
Artemis: Thanks for pointing that out, but I put the word 'offence' in quotes as a shorthand way of referring to everything a Sharia court might deal with, criminal or civil. However, it matters not what the court deals with: it is a prejudiced system that does not treat all before it equally and must be rejected.
13

Gdgy,

dndy 11/10/2008 13:26:23
People can use Sharia principles today to settle their disputes, it is not law...and they have to agree to this form of dispute settlement...it is up to them...as for making it LEGAL???? That's not required

 

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