Muslim Arbitration Tribunal
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Muslim Arbitration Tribunal
The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in the United Kingdom to Muslims who wish to resolve disputes without recourse to the courts system.[1] The "tribunals" were set up by lawyer Sheikh Faiz-ul-Aqtab and operate in London, Bradford, Manchester, Birmingham and Nuneaton. Two more are planned for Glasgow and Edinburgh.[2] Rulings can be enforced in both the County Courts and the High Court.[1] The media have described a system of Islamic Sharia courts which have the power to rule in civil cases.[2] As of 2008 the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours.[2]
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Legality
The MAT operates under Section 1 of the Arbitration Act which states that: “the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest”.[3] As such it operates within the framework of English law and does not constitute a separate Islamic legal system. Under the Act they are deemed to be "arbitration tribunals".[2]
Powers
The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law.[3] A talaq can be granted to recognize a divorce.[3] The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses.
Criticism
The Daily Mail alleges that women could receive less favourable treatment under this form of dispute resolution.[1]
Political reaction
Dominic Grieve of the Conservative Party has stated: “If it is true that these tribunals are passing binding decisions in the areas of family and criminal law, I would like to know which courts are enforcing them because I would consider such action unlawful. British law is absolute and must remain so."[2]
See also
References
- ^ a b c Matthew Hickley (2008-09-15). "Islamic sharia courts in Britain are now 'legally binding' | Mail Online". Dailymail.co.uk. http://www.dailymail.co.uk/news/article-1055764/Islamic-sharia-courts-Britain-legally-binding.html. Retrieved 2010-01-04.
- ^ a b c d e Taher, Abul (2008-09-14). "Revealed: UK’s first official sharia courts". London: Times Online. http://www.timesonline.co.uk/tol/comment/faith/article4749183.ece. Retrieved 2010-01-04.
- ^ a b c Rozenberg, Joshua (2008-09-14). "What can sharia courts do in Britain?". London: Telegraph. http://www.telegraph.co.uk/news/newstopics/lawreports/joshuarozenberg/2957692/What-can-sharia-courts-do-in-Britain.html. Retrieved 2010-01-04.
External links
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