Most people in the UK have heard of Sharia Law, it gets a rather raw deal in terms of press due to the association the West makes with some of the more extreme interpretations of Sharia in countries like Saudi Arabia or Iran. Many people believe it is prejudiced against women, the LGBT+ community and other minorities. We also see reports of lashings, beheadings and other forms of corporal & capital punishment that, to a westerner, is rather repulsive and somewhat medieval.
Sadly, as with many things in the press, all is not what it seems. Unbeknownst to many westerners is that there are many more liberal interpretations of Sharia Law that never make the headlines.
Sharia Law
Sharia in Arabic means “the way,” and does not refer to a body of law. Sharia is more accurately understood as referring to wide-ranging moral and broad ethical principles drawn from the Qurans teachings and other associated religious texts known as the Hadith. As the law is drawn from religion, it has no international border as it is respected by all the followers of Islam across the world.
Because of this, the British Government has allowed a small number of Muslim Arbitration Tribunals to allow Muslim communities to resolve certain issues in accordance to their faith. It is worth bearing in mind though that despite what certain factions of the political class imply, Muslim Arbitration Tribunals (or Sharia Courts as certain fearmongers like to call them) must act within the realms of English Law, meaning things like lashing and beheading could never occur on British soil.
So how does it work?
Whilst Muslim Arbitration Tribunals can pass judgement on a case, it must also be signed off by the English Courts. Whilst both parties are free to agree how their disputes are resolved, they are only subject to such safeguards as are necessary in the public interest. This means that whilst both parties can grant a sharia court the legal authority in a matter, English courts can still overrule the decision if they feel it does not comply or work within the values of English Law.
Luckily, Muslim Arbitration Tribunals are a regulated body which allows for a better record to be kept of Muslim disputes as well as being able to monitor the decisions made by them. This is certainly more beneficial than the unregulated Muslim Councils or Imams that many turned to before their creation. That’s not to say that all councils or Imams are bad or made bad decisions when they were called upon, it’s just that now we have more transparency which helps prevent the misrepresentation of sharia in the UK from occurring.
But what about all the bad bits?
The legal rulings that come from the interpretation of Sharia Law is generally referred to as Islamic Law or ‘fiqh’. As it is the result of human intellectual activity it has a slight weakness in that the results can be different depending on who is interpreting the law. This goes some way to explaining the more extremes interpretations that can manifest within certain communities and countries, especially when it becomes intertwined with politics.
Sharia ultimately provides guidance on how to live an ethical life. It requires Muslims to be just and fair with everyone. It advises on how to pray and treat others, including those in need. Muslim scholars have said that the laws derived from it must always protect life, intellect, family, property and the honour of human beings. These five points essentially make up what we could consider to be a premodern Islamic Bill of Rights, providing protection for civil liberties.
