By Steve
Doughty
Last updated at 2:12 AM on 04th July 2008
The most senior judge in
Lord Chief Justice Lord Phillips
said that Islamic legal principles could be employed to deal with family and
marital arguments and to regulate finance.
He declared: 'Those entering into
a contractual agreement can agree that the agreement shall be governed by a law
other than English law.'
In his speech at an
But his remarks, which back the
informal sharia courts operated by numerous mosques,
provoked a barrage of criticism.
Lawyers warned that family and
marital disputes settled by sharia could disadvantage
women or the vulnerable.
Tories said that legal equality
must be respected and that rulings incompatible with English law should never
be enforceable.
Lord Phillips spoke five months
after Archbishop of Canterbury Dr Rowan Williams suggested Islamic law could
govern marital law, financial transactions and arbitration in disputes.
The Lord Chief Justice said
yesterday of the Archbishop's views: 'It was not very radical to advocate
embracing sharia law in the context of family
disputes'.
He added there is 'widespread
misunderstanding as to the nature of sharia law'.
Lord Phillips said: 'Those who
are in dispute are free to subject it to mediation or to agree that it shall be
resolved by a chosen arbitrator. There is no reason why principles of sharia law or any other religious code should not be the
basis for mediation or other forms of dispute resolution.'
Lord Phillips said that any
sanctions must be 'drawn from the laws of
Lord Phillips' speech brought
protests from lawyers who fear women could be disadvantaged in supposedly
voluntary sharia deals.
Barrister and human rights
specialist John Cooper said: 'There should be one law by which everyone is held
to account.
'Well-crafted laws in this
country, drawn up to protect both parties including the weak and vulnerable
party in matrimonial break-ups, could be compromised.'
Resolution, the organisation of family law solicitors, said people should
govern their lives in accordance with religious principles 'provided that those
beliefs and traditions do not contradict the fundamental principle of equality
on which
Spokesman Teresa Richardson said
religious law 'must be used to find solutions which are consistent with the
basic principles of family law in this country and people must always have
redress to the civil courts where they so choose.'
Robert Whelan, of the Civitas think tank, said: 'Everybody is governed by English
law and it is not possible to sign away your legal rights. That is why
guarantees on consumer products always have to tell customers their statutory
rights are not affected.
'There is not much doubt that in
traditional Islamic communities women do not enjoy the freedoms that they have
had for 100 years or more in
'It is very easy to put pressure
on young women in a male-dominated household. The English law stands to protect
people from intimidation in such circumstances.'
Shadow Home Secretary Dominic
Grieve said: 'Mediation verdicts which are incompatible with our own legal
principles should never be enforceable. One of the key aspects of our free
society is equality. This should be understood and respected by all.'
The Ministry of Justice said:
'English law takes precedence over any other legal system. The Government has
no intention of changing this position. Alongside this, it is possible to
resolve civil law dispute by other systems.'