In Britain, privately organized Shariah tribunals (just like their Jewish counterparts) can now make rulings (limited of course to Muslim families, and cases of domestic violence and financial disputes involving Muslims) and render these rulings enforceable through a creative use of Britains 1996 Arbitration Act, where traditional mediation decisions are enforceable as long as the parties agree, and the decisions are not illegal or contrary to public policy under English law. The Archbishop of Canterbury, Dr Rowan Williams, has claimed publicly that formal recognition of Shariah seemed unavoidable, and Lord Chief Justice Lord Phillips gave his backing to the use of Islamic courts to deal with family, marital and financial disputes (Hickley, Matthew, Islamic Shariah courts in Britain are now legally binding). Just like Philippine sectors who fear the use of Shariah, Britain also has its share of doubters and skeptics, but such fears, doubts and skepticism should not stifle the effective use of legal methods in settling disputes in a way that is familiar and meaningful to the litigants.
Posted on: Sun, 05 Oct 2014 03:52:33 +0000
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