Are Sharia Courts a Real Legal System or Just a Myth?

Sharia courts, also known as Sharia councils, have existed in the UK since the early 1980s. However, these courts play a unique and somewhat misunderstood role in the legal landscape, often being classified as a mix of myth and reality. In this article, we will delve into the nature and function of these courts, clarifying their status within the legal system.

Understanding Sharia Courts

Let's start with a clear distinction: Sharia courts are not the same as the traditional legal system in the UK. Instead, they function as arbitration boards that are designed to provide a forum for individuals who wish to resolve disputes based on Islamic religious law.

In many cases, two parties may choose voluntarily to go to arbitration rather than to traditional court proceedings. This voluntary approach is common in various cultural and religious communities, allowing for a fair and alternate means of resolving disputes. Arbitrators in these cases can be retired judges, specialized legal experts, or even religious individuals, depending on the nature of the dispute. For instance, there are specialized arbitrators handling disputes within the sporting community, and similarly, there are both retired judges and specialized religious arbitrators in the Jewish and Muslim communities.

Sharia Courts in the UK

Sharia councils, or Sharia courts, have been a part of the UK legal landscape since the early 1980s. Despite their longstanding presence, it is crucial to understand that these courts are not part of the UK's official legal system. Sharia councils are based on Islamic religious laws and cannot enforce their decisions in the face of UK court judgments.

Currently, there are around 30 Sharia "councils" in the UK, with the key difference being that these councils do not have the authority provided by the legal system to enforce their rulings. This means that if a party does not comply with the decision of a Sharia council, the matter would need to be referred to a conventional court for resolution.

Recognition and Acceptance

While Sharia courts are not an integral part of the UK's legal system, they have significant recognition and acceptance within certain communities, particularly within Islamic and Jewish communities. These courts are seen as a legitimate and recognized means of resolving disputes based on religious principles.

It is important to note that the framework of a Sharia court is seen as a parallel legal system by religious adherents but is not recognized under American legal systems or the UK's legal code.

Conclusion

Sharia courts, therefore, exist as an alternative and supplementary means of resolving disputes based on religious law. While they are not part of the official legal system and operate under the guidance of religious principles, their existence is recognized and valued by certain communities. It is essential to understand and respect the unique roles that these courts play in providing a culturally sensitive approach to legal and social issues.