Divorce Cases Could Soon Be Settled Under Sharia Law In Britain After Landmark Legal Ruling.
Bangalore
Divorce Cases Could Soon Be Settled Under Sharia Law In Britain After Landmark Legal Ruling
by Bangalore 16 Replies latest social current
-
-
Bangalore
London, Feb. 1 (ANI): Divorce settlements by religious courts including Sharia could soon be allowed under British law after a landmark legal decision.
The move comes after a High Court referred a couple's divorce case for settlement under Beth Din, or Jewish law.
According to the Times, it is the first time in British legal history when an English family judge has agreed to refer a divorce dispute to a religious court.
Experts said that the judgment could have far-reaching consequences and clear the way for other couples to seek a divorce in a religious court, including Sharia, the Telegraph reports.
The decision was welcomed by the Muslim Council of Britain.
A spokesman told the Times that 'if it leads to the eventual acceptance of Sharia court divorces, then Muslims will be very encouraged'.
According to the report, lawyers said it was significant that Justice Baker cited the former Archbishop of Canterbury, Rowan Williams, and his talk on Sharia in 2008 in his ruling.
The latest case involved a couple of observant orthodox Jews in their 20s.
The court heard that they married in 2006 in a Jewish ceremony and initially lived in Israel, returning to London for the birth of their first child.
They had planned to move to Toronto but the marriage began to break down and they separated in 2009, shortly after the birth of their second child.
Disputes over access to the children followed and the father began proceedings under The Hague Convention on child abduction.
But before the case came to court in London, the couple decided to refer their disputes to a senior rabbi in the New York Beth Din and asked if the judge would agree.
According to the report, Justice Baker was persuaded by the couple's arguments that arbitration in their own religious court would be better than litigation, and in line with their beliefs.
Justice Baker said he examined the principles used by the Beth Din and ensured that they were in line with the laws in England and Wales.
The judge did make it clear that the arbitration or ruling by the Beth Din was not binding, the report said.
He said that would have made unlawful, because it would be ousting the jurisdiction of the courts, it added.
The Beth Din published its full ruling on the couple's case in 2011, but further negotiations meant that a final settlement was reached only last year, and the judgment released by the High Court this week, the report added. (ANI)
Bangalore
-
Las Malvinas son Argentinas
If both parties are in complete agreement to handle their private matters in a religious court, I don't see any compelling reason against it. What should happen is that a hearing must follow in a government court where the judge asks both parties if they are willing to abide by the decision of the religious court, and if so, they put the government seal on it. The judge should take pains to make both parties acknowledge that they are willingly abdicating their rights for a trial in a state-run court. It would then be like an uncontested divorce settlement.
-
ÁrbolesdeArabia
You do not know anything about Sharia Law do you Malvinas? You realize your opinion according to Sharia Law is worth 1/2 of a males but less than a donkey? The men are to receive 2 parts of their father's inheritance and the females 1/2. The woman is no allowed to divorce a man, only he has the right to divorce you, he can cheat as much as he enjoys and you must stand by his side!
As I man, I have empathy for women but those who willfully wish Sharia Law to come to a country near you, you will find out!
-
AGuest
The woman is no allowed to divorce a man, only he has the right to divorce you, he can cheat as much as he enjoys and you must stand by his side!
Your avatar name suggests you would know better than I, dear Arabian Trees (peace to you!), and so I could be wrong, but can't a Muslim wife divorce under Khulu? The information on these links seem to suggest she can:
http://en.wikipedia.org/wiki/Divorce_(Islamic)
http://en.wikipedia.org/wiki/Sharia#Divorce
http://www.missionislam.com/family/talaq.htm
http://app.syariahcourt.gov.sg/syariah/front-end/TypeOfDivorce_Khulu_E.aspx
Can you clarify? Thanks!
Again, peace to you!
YOUR servant and a doulos of Christ,
SA
-
besty
Justice Baker said he examined the principles used by the Beth Din and ensured that they were in line with the laws in England and Wales.
The judge did make it clear that the arbitration or ruling by the Beth Din was not binding, the report said
Nothing to see here about Sharia becoming binding in the UK - move along please.
-
GromitSK
It's as las Malvinas says. Simply a contractual agreement and the outcome endorsed by a civil court. Sharia will never become the law in the UK. I think it already works this way for Jews if they choose to be to be bound by Jewish legal regulations.
-
NVR2L8
The same proposal was made in Ontario Canada and it was shot down because in this country women have the same rights as men.
-
Anony Mous
Divorce and custody courts will often refer to non-binding arbitration which in this case seems to be hosted by a (their) religious group. This does not mean Sharia Law will go into effect at all, get away from Fox News and think before spouting such non-sense.
-
cofty
Scare-mongering.