DAR AL HARB-U.K.: SHARI'AH LAW WORKING INSIDE OF BRITAIN

Islamic Law for Family Lawyers
Ahmad Thomson explores the interaction between English Law and Islamic Shari’a Law in the context of Family Law.


Introduction
Family Lawyers are often concerned, to paraphrase Hey Jude, with taking a sad story and making it better. It helps therefore to be able to empathise with your clients in order to help them, which means understanding what they believe in and how they view existence, even if you do not agree with them. Since Islam is a relatively new feature in the English landscape, empathising with Muslim clients may seem a challenge to those who know little about Islam, but in fact even a little elementary knowledge goes a long way and need not be a dangerous thing. If you are in a position not only to understand but also to advise your Muslim client as regards the Shari'a as well as English law, all the better for you and for your client.Contrary to many popular misconceptions and false stereotypes, the Shari'a of Islam, like any system of law, deals with all aspects of life, including marriage, divorce, maintenance, care and custody of children and property rights. Most practising Muslims will wish to marry in accordance with the Shari'a and, should that marriage have all too short a date, divorce in accordance with the Shari'a. In the event of there being children and property as part of the equation, they will want any arrangements to be made or any disputes to be settled in accordance with the Shari'a. Muslims believe that the Shari'a is not in any need of alteration or reformation, because they believe that God got it right first time. Differences of opinion only arise, as with all laws, when it comes to human interpretation. Manmade law is sometimes in harmony with the Shari'a and sometimes at variance with it.

How therefore does English law view Shari'a law and vice versa? Where are they similar and where are they different? When is Shari'a law taken into consideration by English law and when is it ignored? It is not possible to answer these questions in great detail in a short article, but here are some of the most salient features.


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Who is Ahmad Thomson?!?

Ahmad Thomson is a British barrister and writer and also a member of the Murabitun movement. He is the author of several books, including the revised edition of Dajjal: the AntiChrist (1997); Making History (1997); the revised editions of Jesus, Prophet of Islam and Blood on the Cross (in two volumes, For Christ's Sake and Islam in Andalus) with Muhammad Ata Ur-Rahim (1996); The Next World Order (1994); The Difficult Journey and The Way Back (1994).[1] He was called to the Bar of England and Wales in 1979, and is a member of the Association of Muslim Lawyers.[2] He is co-author of The Islamic Will with Hajj Abdalhaqq and Aisha Bewley (1995).[3] He has been described by some in the press as having acted as an informal advisor to 10 Downing Street on matters related to Muslims,[2] although he has never set foot inside No. 10 or met any Prime Minister except Kenneth Kaunda in Zambia, in 1965. He made both written and oral representations to the House of Lords Select Committee on Religious Offences in 2002, arguing that different religious groups including Jews, Christians, Muslims, Hindus, Buddhists and Sikhs should have equal rights and equal protection under English law.

Read more about Ahmad Thomson here.

And now for Wynne Chambers:

Welcome to Wynne Chambers which was established on the 8th April 1994. Perhaps the first chambers to specialise in Islamic Law as well as English Law, Wynne Chambers seeks to assist clients who need practical advice and solutions in the context of both Shari'a law as well as English law.As the number of Muslims in the United Kingdom approaches 2.5 million, and in the European Union 25 million, the need for such advice and solutions - especially in the context of the interaction between Muslim personal and commercial law and English civil law - has grown steadily during the last decade and shows no signs of diminishing in the future.These developments in the transformation of the culture of the British Isles and Europe have in turn highlighted the need for legal reform, since changes in the law inevitably lag behind social change and lawmakers quite understandably prefer to be cautious. Existentially, we now live in a multi-cultural, multi-ethnic, multi-religious society. Legally, we have a predominantly secularised judeo-christian legal system. Tensions and contradictions have arisen between these two realities which need to be resolved in a positive, humane and equitable manner.At present Muslims in the United Kingdom are promised equal rights in theory, but do not always enjoy them in practice. Wynne Chambers has been at the forefront in indicating, in as realistic and as constructive a manner as possible, where legal reform is most required.

Wynne Chambers


Pertinent Links:

1) Islamic Law for Family Lawyers

2) Ahmad Thomson

3) Wynne Chambers