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Geoffrey Alderman

ByGeoffrey Alderman, Geoffrey Alderman

Opinion

Taking liberties with the law

August 22, 2011 08:52
3 min read

In last week's JC, Daniel Greenberg considered a private member's bill currently before the House of Lords that seeks to address concerns emanating from reported practices of certain Sharia courts in the UK.

These concerns focus on three matters: discrimination against women, and the undermining thereby of anti-discrimination legislation; the use of such courts for the resolution of matters of a criminal or family nature (for the hearing of which secular courts already exist); and "jurisdiction by coercion" - meaning that members of the UK's Islamic communities are sometimes persuaded to submit to the jurisdiction of a Sharia tribunal through fear of religious sanctions.

The legal authority upon which Sharia courts operate is the Arbitration Act of 1996, which provides for the legally binding consensual resolution of disputes outside the secular court system.

Mr Greenberg took the opportunity provided by the tabling of the current private member's bill to spotlight certain practices in Jewish religious courts, basing themselves upon the same Act of 1996.