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Joshua Rozenberg
Thursday 23rd July 2009
Islam in English Law
Today's column in the Law Society Gazette reviews a series of debates at the  Temple Church called Islam in English Law. For once, I think the Ministry of Justice has got it right.
 
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Oliver Wiseman
July 27th, 2009
9:07 AM
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mohamad
July 26th, 2009
6:07 PM
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Anonymous
July 24th, 2009
4:07 PM
We have been told that non-Muslims have begun voluntarily to seek arbitration in Sharia courts. What does this mean? Could a tort taking place in England be made the subject of an action under Sharia law? Suppose a contract is made in England (presumptively under English law). Breach is alleged and the case is taken to the Sharia court. Would it proceed as if the law governing the contract had been Sharia? Or would members of the Sharia court, assuming them to be suitably qualified, apply English law as a conventional arbitration would. In this context, I understand the London Beth Din is staffed by lawyers with English qualifications so perhaps something analogous would be feasible. What weight would attach to the testimony of men, women, Muslims and non-Muslims respectively?

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About Joshua Rozenberg

Joshua Rozenberg is an independent legal commentator who presents Law in Action on BBC Radio 4.

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