Sharia Law In The Uk: A Complex Relationship

Sharia law is a set of principles that guide how Muslims conduct themselves, covering everything from how to dress to how to manage finances. While it is not part of the law in the United Kingdom, it is used for guidance by some Muslims in the country. There are Sharia councils in the UK that issue guidance according to Sharia law, and their decisions can be legally binding as long as they do not contradict British laws. However, this has led to some confusion, as being married under Sharia law, for example, does not mean the marriage is recognised under British law.

Sharia law is not part of UK law

In the UK, Sharia law is mainly used for guidance. Councils and tribunals can issue guidance in accordance with Sharia law, and these decisions can be legally binding as long as they do not contradict British laws. For example, if a couple is married under Sharia law, they are not considered married under British law.

In 2016, the UK government launched an independent review into the application of Sharia law in England and Wales. The review focused on whether and to what extent the application of Sharia law by Sharia councils may be incompatible with the law in England and Wales. The review concluded that Sharia 'law' has no jurisdiction in England and Wales and that the government had no intention to change this position.

While some countries with Muslim minorities use Sharia-based laws to regulate banking, economics, inheritance, marriage, and other affairs, the UK is not one of them. The UK has a proud tradition of religious tolerance, and individuals are expected to exercise their religious beliefs in a courteous and considerate manner, respecting the rights of others. There can be no question of there being a parallel system of law in the UK.

Sharia councils in the UK have no legal power

Sharia councils, often mislabelled as Sharia courts, are local groups of scholars that provide guidance to Muslims on religious matters, such as divorce and inheritance. They have no legal power in the UK and their rulings are not legally binding.

Sharia councils first appeared in the UK in the 1980s to help Muslim women attain a religious divorce when their husbands do not consent. They are often attached to mosques and, like Jewish Orthodox Beth Din and Catholic tribunals, they exist to issue Islamic divorce certificates. They also provide advice on other aspects of religious law.

Sharia councils have been accused of operating a "parallel legal system" in the UK and of discriminating against women. In 2016, then-Home Secretary Theresa May launched an independent review into the application of Sharia law by Sharia councils in England and Wales. The review found evidence of a problem but concluded that there was an inadequate understanding of all the issues involved.

While Sharia councils have decision-making capacity, their rulings have no legal validity in the UK or abroad, and they have no enforcement powers. Their influence lies in the weight that their religious rulings carry in the Muslim community.

Sharia law is used for guidance in the UK

Sharia law is a set of principles that guide how Muslims conduct themselves. It covers a wide range of topics, including how to dress and manage finances. While it is not part of the law in the United Kingdom, it is used for guidance by some Muslims in the country.

In the UK, Sharia law is not part of the legal system, and there are no Sharia courts with legal jurisdiction. However, councils and tribunals can issue guidance according to Sharia law, and their decisions can be legally binding as long as they do not contradict British laws. It is important to note that these decisions are not enforceable, and national law always takes precedence.

Sharia councils exist in the UK to help Muslim communities resolve civil and family disputes, particularly in matters related to religious marriage and divorce. These councils are voluntary local groups of scholars who offer advice and guidance, but they do not have any legal power.

While Sharia law can be used for guidance in personal and religious matters, it is essential to understand that it does not override British law. Any activity prescribed by Sharia principles must not contravene the law of England and Wales. The British legal system takes precedence, and individuals are expected to respect the rights of others and abide by the country's laws.

In conclusion, while Sharia law is not formally recognised in the UK, it is used by some Muslims for guidance and to resolve personal and religious matters. However, it is important to note that it does not supersede British law, and any decisions made based on Sharia law must be in accordance with the country's legal framework.

Sharia law covers everything from how to dress to how to conduct finances

Sharia law has not been adopted into UK law. However, Sharia law covers a wide range of topics, including dress and finances.

Dress

Sharia law does not require women to wear a burqa. The rule of dress for women is modesty, and the word hijab means "cover", "screen", or "curtain", referring to both a specific form of veil worn by some Muslim women and the modest Islamic style of dress in general. Muslim women are required to observe the hijab in front of any man they could theoretically marry. This means that hijab is not obligatory in front of family members or other Muslim women, but there is debate about what can be revealed to non-Muslim women. Modesty rules are open to a wide range of interpretations. Some Muslim women wear full-body garments that only expose the eyes, while others cover every part of the body except their face and hands, and some do not observe any special dress rules. Ultimately, it is the woman's choice whether she prefers to wear a hijab or not.

Finances

Islamic finance refers to how businesses and individuals raise capital in accordance with Sharia, or Islamic law. It also refers to the types of investments that are permissible under this form of law. Islamic finance can be seen as a unique form of socially responsible investment.

Islamic beliefs limit the types of investments allowed due to the nature of the underlying company or the features of the financial instrument. Islamic banking views lending as a relationship that unfairly favours the lender; as a result, loans must be interest-bearing, and interest cannot be earned. Sharia law also states that investors must not invest in companies that engage in forbidden activities, limiting the scope of public equities an Islamic investor can hold.

The concept of risk-sharing is central to Islamic banking and finance. It is essential to understand the role of risk-sharing in raising capital, while also demanding the avoidance of riba (usury) and gharar (ambiguity or deception). Islamic law views lending with interest payments as a relationship that favours the lender, who charges interest at the borrower's expense. Islamic law considers money as a measuring tool for value and not an asset in itself, and therefore, one should not be able to receive income from money alone. Interest is deemed riba and is prohibited under Islamic law.

Sharia-compliant finance (halal) consists of banking in which the financial institution shares in the profit and loss of the enterprise it underwrites. Of equal importance is the concept of gharar, which refers to the ambiguity and deception that come from the sale of items whose existence is uncertain. Examples of gharar include forms of insurance and derivatives used to hedge against possible outcomes.

The equity financing of companies is permissible, as long as those companies are not engaged in restricted businesses. Prohibited activities include producing alcohol, gambling, and making pornography.

Islamic finance is a centuries-old practice that is gaining recognition worldwide. The ethical and economic principles of Islamic finance are even drawing interest outside the Muslim community. Given the increasing development of Muslim nations, the field of Islamic finance is expected to undergo rapid evolution.

Sharia councils help Muslim communities resolve civil and family disputes

Sharia law is not part of the law in the United Kingdom. While some countries with Muslim minorities use Sharia-based laws to regulate banking, economics, inheritance, marriage and other governmental and personal affairs of their Muslim population, this is not the case in the UK.

However, Sharia councils do exist in the UK, and they have been criticised for discriminating against women. These councils are voluntary local groups of scholars who offer advice to Muslims, usually concerning religious marriage and divorce. The rulings of these councils are not recognised by the UK system, and they have no legal powers.

Sharia councils aim to help resolve family, financial and commercial problems in accordance with Sharia principles. The majority of cases involve women wanting to end their Islamic marriage. There are an estimated 30 established Sharia councils in the UK, according to a 2012 study from the University of Reading. Most councils operate from mosques. The first in the UK was established in Leyton, east London, in 1982.

The Islamic Sharia Council, for example, is the oldest Sharia council in Europe. It was formed in 1982 to solve the matrimonial problems of Muslims living in the United Kingdom in the light of Islamic family law. The council comprises members from all the major schools of Islamic legal thought and is widely accepted as an authoritative body regarding Islamic law.

While the rulings of these councils are not legally binding, they can carry moral and cultural weight by ending the divorce before God. For example, in one case, a woman explained that her ex-husband could not contest the decision because it was made using Sharia law, which both of them believed in.

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