At least 85 Islamic sharia courts are operating in
However, they operate behind
doors that are closed to independent observers and their decisions are likely
to be unfair to women and backed by intimidation, a report by independent
think-tank Civitas said.
Commentators on the influence of
sharia law often count only the five courts in
But the study by academic and Islamic
specialist Denis MacEoin estimates there are at least 85 working tribunals.
The spread of sharia law has
become increasingly controversial since its role was backed last year by
Archbishop of Canterbury Dr Rowan Williams and Lord Phillips, the Lord Chief
Justice who stepped down last October.
Dr Williams said a recognised
role for sharia law seemed 'unavoidable' and Lord Phillips said there was no
reason why decisions made on sharia principles should not be recognised by the
national courts.
But the Civitas report said the
principles on which sharia courts work are indicated by the fatwas - religious
decrees - set out on websites run by British mosques.
Mr MacEoin said: 'Among the
rulings we find some that advise illegal actions and others that transgress
human rights standards as applied by British courts.'
Examples set out in his study
include a ruling that no Muslim woman may marry a non-Muslim man unless he
converts to Islam and that any children of a woman who does should be taken
from her until she marries a Muslim.
Further rulings, according to the
report, approve polygamous marriage and enforce a woman's duty to have sex with
her husband on his demand.
The report added: 'The fact that
so many sharia rulings in Britain relate to cases concerning divorce and
custody of children is of particular concern, as women are not equal in sharia
law, and sharia contains no specific commitment to the best interests of the
child that is fundamental to family law in the UK.
'Under sharia, a male child
belongs to the father after the age of seven, regardless of circumstances.'
It said: 'Sharia courts operating
in Britain may be handing down rulings that are inappropriate to this country
because they are linked to elements in Islamic law that are seriously out of
step with trends in Western legislation.'
The study pointed out that the
House of Lords ruled in a child custody case last year that the sharia rules on
the matter were 'arbitrary and discriminatory'.
And a 2003 judgment of the
European Court of Human Rights in
However last year Justice
Minister Bridget Prentice told MPs that 'if, in a family dispute ...the parties
to a judgment in a sharia council wish to have this recognised by English
authorities, they are at liberty to draft a consent order embodying the terms
of the agreement and submit it to an English court.
'This allows judges to scrutinise
it to ensure it complies with English legal tenets.'
Decisions from sharia tribunals can
be presented to a family court judge for approval with no more detail than is
necessary to complete a two page
form. The sharia courts in the Muslim
Arbitration Tribunal are recognised as courts under the Arbitration Act. This
law, which covers Jewish Beth Din courts, gives legal powers to a tribunal if
all parties involved accept its authority.
The Civitas study said the
Islamic courts should no longer be recognised under British law.
Its director Dr David Green said:
'The reality is that for many Muslims, sharia courts are in practice part of an
institutionalised atmosphere of intimidation, backed by the ultimate sanction
of a death threat.'
The Muslim Council in
A spokesman said: 'Sharia
councils are perfectly legitimate. There is no evidence they are intimidating
or discriminatory against women. The system is purely voluntary so if people
don't like it they can go elsewhere.'
Patrick Mercer, Tory MP for
'If crimes are going unreported to police, this will erode
the authority of those who have to enforce our law. In a sovereign state
there must be one law, and one law only.'
Philip Davies, Tory MP for Shipley, said: 'Everyone should be deeply concerned
about the extent of these courts.
'They do entrench division in society, and do nothing to entrench integration
or community cohesion. It leads to a segregated society.
'There should be one law, and that should be British law. We can't have a
situation where people can choose which system of law they follow and which they
do not.
'We can't have a situation where people choose the system of law which they
feel gives them the best outcome. Everyone should equal under
one law.'
Veteran Tory Lord Tebbit provoked anger among Muslims earlier this month by
comparing Islamic sharia courts to gangsters.
He likened the tribunals to the 'system of arbitration of disputes that was run
by the Kray brothers'.
Lord Tebbit told the Lords: 'Are you not aware that there is extreme pressure
put upon vulnerable women to go through a form of arbitration that results in
them being virtually precluded from access to British law?'
Warning that women could be shut out from the protection of the law, he asked
Justice Minister Lord Bach: 'That is a difficult matter, I know, but how do you
think we can help those who are put in that position?'