Sharia Law explained.

What is Sharia law and is it used in the UK?

Sharia law, also known as Islamic law, is a system of principles and rules derived from the Quran (the holy book of Islam) and the Hadith (the sayings and actions of the Prophet Muhammad). It covers various aspects of life, including personal conduct, family matters, business transactions, and criminal justice.

Sharia Law goes further than our own legal system and is split into two sections -

Ibadat – which covers rituals and worship
Mu’amalat – day to day interaction.

Conducting your life in accordance to Sharia law will help you stay true to your faith as a Muslim.

Here are some key points about Sharia law and its application in the United Kingdom:

Application in the UK:

Sharia law does not officially apply in the UK as part of the legal system. The UK operates under English common law and statutory law.
However, there are informal Sharia councils that operate in parallel to the British legal system. These councils handle civil matters, particularly related to family and personal issues within the Muslim community.

Sharia Councils:

Sharia councils consist of religious scholars and experts who provide guidance on matters such as marriage, divorce, inheritance, and family disputes.
Their decisions are not legally binding, but some Muslims voluntarily accept their rulings based on religious beliefs.

Independent Review:

In 2016, an independent review was conducted by Professor Mona Siddiqui and a panel of experts to examine the application of Sharia law in England and Wales.
The review focused on whether the application of Sharia law by these councils might be incompatible with UK law.
The findings emphasized that Sharia law does not replace UK law, but it highlighted areas where improvements could be made in terms of transparency and safeguarding individual rights.

Government Position:

The Ministry of Justice maintains that Sharia law has no jurisdiction in England and Wales, and the government has no intention of changing this position.
However, there is an ongoing debate about whether the principles of Sharia should be recognized within English law in certain contexts.


So how does that work with the UK Legal system?

The British legal system must be followed in Britain, Sharia law is mainly used for guidance, you will find that many solicitors practice Sharia law, and whilst there are no Sharia courts, councils and tribunals can issue guidance in accordance to Sharia law, normally under the Mu’amalat side of the law.

So, decisions can be made in accordance with Sharia law, and these decisions can be legally binding as long as they do not contradict British Laws. This can be a bit tricky in places, for example, if you are married under Sharia law it will not mean you are married under British law - why should that matter? Perhaps it shouldn’t but it can be a concern when it comes to issues such as benefits and finances.

Marriage under Sharia law has been criticised for the ease in which a couple can get divorced, so it is important everyone concerned understands their rights.

Sharia law has been incorporated into British law in a couple of instances, the sale of Halal meat and some financial products.

Sharia Law is very complex and if you need guidance you can get help from some solicitors or Imams.

What happens if Sharia law is breached?

Sharia law once again divides into two areas ‘tazir’ offences where any punishment is up to those judging the crime, and ‘hadd’ offences, which are serious crimes with defined punishments.

The punishments covering ‘hadd’ offences can be viewed as excessive, such as amputating a person’s hand for theft, luckily these punishments are illegal in the UK, and pressure is mounting to abolish some punishments worldwide.

In summary, while Sharia law is not formally integrated into the UK legal system, its influence exists through informal councils. These councils operate independently and deal with civil matters, but their decisions are not legally binding. The UK remains committed to its existing legal framework while respecting religious diversity.

For more information.

Wikipedia - Sharia Law.