There certainly must be questions about quite how deep the desire for any aspects of Shara Law amongst the Muslim community is. I do however have a suspicion that a significant proportion would have a desire to have aspects of their religious law apply in the area of family law, wheteher this would be a majority of course is an other matter.imom1406 said:Thanks for that....my main issues was operating what would be a two teir legal system....the likely cost and which would take precedent in a conflict..Muslim/non-muslim marriages....what would happen there....?Always_a_Civvy said:Before the Reformation this is what happened in the UK and throughout most of Europe, but it was Canon Law applied to the laity. This after all was the basis of the witchcraft trails and the Inquisition - the Church accused and the State punished, financed by the local community and the victims assets, which were confiscated. Today non-Christians in Britain are still subject to Canon Law in a more subtle way, enshrined in domestic law. Christian norms, as Blackstone observed, are the cornerstone of our legal system. Think of the Education Act 1948 or the Christian definition of marriage (grounded in Pagan Roman Law) as between one man and one woman and patriarchy. All there are the legal enforcement of Christian Law upon both Christian and non-believers alike.imom1406 said:...I live in England under English Law. English Law and the legislative process is already over complex and creaking at the seams. How would you legislate and police the law? More resources? A second Tier police force, even worse...more lawyers...it is an utterly ridiculous notion. And there is no mandate for it!! There is more of a mandate for an English parliament (but that is a whole new discussion)...
Those Muslims advocating at applying Sharia jurisprudence in Family Law (& elsewhere) within their community ahve met with opposition within their own community where this idea remains highly controversial and is opposed by the majority. Sadly we focus on the demands of one section of the Muslim community.
As our laws have been built on precedent over 2000 years, and they have changed slowly and organically, i just seem completely unworkable. I would have to be state funded, linked into our appeals system.....or you operate a state within a state...that works....just ask Lebanon!
AAC has a point on the underlying Christian aspects of some of our civil law which will always provide a source of conflict not only with immigrants who are not Christian but also with those of us who are non religious. Various parts of the church make loud noises when changes to family law are proposed, why should not other groups with diffrent views do the same.
I would suggest that in the area of family law there may well be ways of making Sharia Law or at least Sharia based law available for those who want it, and that this would have little or no impact on any one else.
For myself I would far rather see the last vestiges of religious law removed from the legal system entirely, including the various rights and priviledges certain religious organisations have obtained over the years. That of course is yet another problem. In the meantime if the clamour for aspects of Sharia law to be applied in areas of family law is big enough then perhaps we should let those who find these rules desirable use them.