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Sharia will 'inevitably' become part of British law, says barrister

Islamic law will "inevitably" become part of the British legal system and work should start immediately on specific changes, according to a leading barrister.

 

The news comes after Lord Phillips of Worth Matravers, the most senior judge in England and Wales, said Islamic or sharia could play a role in some parts of the legal system, such as family mediation.

Stephen Hockman QC, a former chairman of the Bar Council, said: "It is vital and inevitable that sharia will become part of British law in some shape or form.

"Given the world situation and our own substantial Muslim population it is vital that we now look at ways to integrate Muslim culture into our own traditions.

"Otherwise we will find that there is a significant section of our society which is increasingly alienated, with very dangerous results.

"There should be a standing committee comprising of parliamentarians, lawyers and religious leaders to consider how this could be achieved and what specific legal changes might be framed."

Speaking on Thursday night, the Lord Chief Justice had emphatically ruled out the possibility of sharia courts sitting in this country or deciding penalties.

Lord Phillips backed the Archbishop of Canterbury, Dr Rowan Williams, who said in February that the adoption of some aspects of sharia seemed "unavoidable".

Mr Hockman, who as Bar chairman in 2006 represented the views of 17,000 barristers, said: "The virulent reaction by some in politics and the media to the Archbishop of Canterbury's remarks in fact shows how necessary this work is, and equally how necessary it is for those in positions of authority to speak out and be counted in support of it."

As a QC or "silk" Mr Hockman is in the top 10 per cent of barristers, who can command higher fees due to the prestige and seniority denoted by the award.

Lord Phillips said in last night's speech at the East London Muslim Centre that sharia suffered from "widespread misunderstanding" by the rest of the world.

"There is no reason why sharia principles, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution," he said.

"It must be recognised, however, that any sanctions for a failure to comply with the agreed terms of mediation would be drawn from the laws of England and Wales."

The Lord Chief Justice told his audience that severe physical punishments such as flogging, stoning and the cutting off of hands would not be acceptable.

A spokesman for the Ministry of Justice that it was possible to resolve some disputes so "so long as they are not in conflict with the laws of England and Wales and are abided by on a voluntary basis".

He added: "The UK is proud of its diverse society and is committed to ensuring cohesive communities.

"There is nothing in English law that prevents people abiding by Sharia law if they wish to, provided it does not conflict with English law.

The spokesman added that there are a number of Sharia councils in England and Wales that deal with personal and contractual disputes according to Sharia.

However these councils or court were "not part of the established court system".

 
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