The petition filed by academics, calls on the UK government to recognize that Sharia and all related laws are arbitrary and discriminatory mainly against women and children.
What is Sharia Law?
Sharia is Islamic legal system procured from both the Koran, Islam’s central text, and fatwas (the rulings of Islamic Scholars)
Maryam Namazie, the Petition maker made the following points about Sharia Courts:
- Discrimination against women by the Courts, for e.g. the testimony given by a woman carries half worth than that of a man.
- There are only limited circumstances in which a woman has access to divorce.
- If the age of the child is nine and there is a divorce, the custody always goes to the father even in the case of domestic violence or rape.
She also expressed concern that women are forced to go to these courts with lot of pressure and intimidation.
Demand of petition
The petition which has so far touched a mark of 31000 signatories demands: “All Sharia Courts and religious tribunals should be put to end on the core basis that they work against equality and human rights.”
This in a way means that due to the presence of these courts, many Muslim women do not get access to the justice they deserve.
Action by the Government
A Government inquiry which is being headed by Professor Mona Siddiqui, is looking into the matter whether it really discriminates against the women.
Criticism
- Over 200 individuals and human rights groups have signed a letter provoking the Government to pull down the panel chosen to look into the
- One of the signatories to the letter, Gita Saghal, founder of the centre for Secular Space said: “The inquiry should be carried by a judge and not a theologian. This is not the right judge which holds people to account.
- The signatories concern is that the inquiry is seeking out “best practise” among Sharia councils rather than questioning about its existence at all.
- These groups have also written to the inquiry that they would soon be boycotting the review because of its limited range of investigation.
A former Muslim from Iran, Miss Namazie claimed that the people running the Sharia Courts are extremists.
Miss Saghal added: “the Common Law has been threatened by the very existence of Sharia Courts. There are women who feel that they have no other option except to go to Sharia Court and feel like useless bit of paper.”
According to the public knowledge, there are around 85 Sharia Courts, but Miss Saghal believes that in actual this figure would be much higher.
She said: The courts have varying degrees of formality. People in these courts claims themselves as judges and states that whatever they do, it has the force of the law. However, it does not have any force of the law anywhere.
“These Courts are bad for women’s right, they have no value and lead only to pain and suffering.”
She further said that the acceptance of Sharia Courts and their presence in the UK would futher encourage them to be accepted in their home countries.
Comments from Shariah Council
- According to them, Shariah is very flexible and allows circumstances in a varied range for both men and women.
- Islamic Law is discriminatory to increase Islamophobia rather to support a reasoned discussion.
Government’s Reply
- Although the Prime Minister, Mrs May, spoke to the nation in the past stating that they could “benefit from a great deal” from Sharia teachings, She is also concerned on the misuse and exploitation of these courts to discriminate against Muslim women.
- “The Government has commissioned an independent review of Sharia’s application on the evidence that some Sharia councils working in discriminatory and unacceptable way”, a Home Office spokesman said.
- The Panel was carefully selected (including advisors) and brings a wide range of knowledge, expertise along with relevant experience and legal insight in religion and theology.”
- The Home office also said that the Imams are credible experts in religion and theology and their role as advisors will allow the panel to draw expertise.