IN the Shariah Law debate, Muslims, the Archbishop of Canterbury and the Lord Chief Justice – all these three parties – were addressing the same topic: how to respond to the challenges posed by increasingly diverse society like the United Kingdom. They were discussing the applicability of Shariah Law in Britain to resolve marital and financial disputes. Sometime back, the Archbishop of Canterbury, Dr. Rowan Williams, in a speech at the Royal Court of Justice, said that the incorporation of certain aspects of Shariah law into the English law had now become “unavoidable.” He had suggested that Shariah could play a role in “aspects of marital law, the regulation of financial transactions and authorized structures of mediation and conflict resolution.” He was misunderstood at that time. Now, the Lord Chief Justice, Lord Phillips of Worth Matravers, while addressing a large audience on “Equality Before the Law” at the East London Muslim Centre, Whitechappel, said that the Shariah law could be used in Britain in the context of family disputes, marriage, financial and commercial transactions. His speech got the following headlines in the media: “British Muslims should be allowed to live by Shariah law”, “Law chief backs the use of Shariah law to solve disputes in UK,” “Shariah law could have UK role” and so on, which caused alarm among a section of people who “wondered” why he spoke at all. “There is no reason why Shariah 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,” said the Lord Chief Justice. Lord Phillips said: “It is possible in this country for those who are entering into a contractual agreement to agree that the agreement shall be governed by law other than English law.” Strongly supporting Dr. Rowan Williams, on his suggestion that aspects of Shariah should be adopted in Britain, the Lord Chief Justice said, “It was not very radical to advocate embracing Shariah 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.” Lord Phillips said that the Archbishop was only saying that “it was possible for individuals to voluntarily conduct their lives in accordance with Shariah principles without this being in conflict with the rights guaranteed by our law.” There is already scope in English law for some communities to use their own religious codes to resolve disputes. Orthodox Jews can use the Beth Din rabbinical courts to decide on matters including divorce. Muslim parliamentarians and community leaders expressed their support and endorsed what the Lord Chief Justice said on the application of Shariah Law and the Archbishop of Canterbury's earlier suggestion on the adoption of certain aspects of Shariah. Lord Ahmed, a Labour peer and practicing Muslim, told this writer in a recent interview, “The Archbishop of Canterbury was making the point that certain aspects of Shariah should become part of the English legal system. The same was also repeated by the Lord Chief Justice, Lord Phillips, who stated that Shariah could be used to resolve some family disputes.” “Muslims are only asking for acceptance of Shariah where Beth Din has been accepted for the Jewish community and they have never asked for a special treatment. No British Muslims is asking for four wives or chopping off of hands but respect for the principles of Shariah in civil disputes and matrimonial cases,” said Lord Ahmed and added, “What Muslims, Lord Chief Justice and the Archbishop of Canterbury are saying is that we need to reflect and adopt certain aspects of Shariah in relation to matrimonial, financial, commercial and other matters which will help to resolve disputes and achieve equality within law bearing in mind the supremacy of the English Common Law in the United Kingdom.” Sir Iqbal Sacranie, former Secretary General of the MCB and presently Chair of the Muslim Aid, said, “The remarks made by the Lord Chief Justice, Lord Phillips, are timely and very positive in light of the confusion that has been deliberately created by certain sections of the media and some politicians on the recent remarks of Archbishop of Canterbury on Shariah. The remarks made by Lord Chief Justice have not only clarified what the Archbishop of Canterbury said but have endorsed and supported the call for understanding and recognition of some aspects of Shariah Law which can be accommodated in the English legal system.” “It is absolutely essential that the noble concepts of Shariah are understood correctly, particularly in the West, where there is so much of deliberate misconception of the teachings of Islam,” said Sacranie. Sir Iqbal also believed “the remarks made by the Lord Chief Justice will be a beginning for a rational discourse amongst the media, the politicians and the judiciary in grasping the reality of how beneficial the recognition of the Muslim Family Law can be for those who wish to practice it.” Dr. Abdul Bari, Secretary General of the Muslim Council of Britain welcomed Lord Phillips' call for Muslims to be allowed to apply elements of Islamic law in regulating personal relationships where this does not conflict with the laws of the land.” __
