Muslim Arbitration Tribunal
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The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in England as a Barelvi organization.. It is one of a range of services (Islamic Sharia Council is another) for Muslims who wish to resolve disputes without recourse to the courts system.[1] According to Machteld Zee, the MAT differs from other Sharia councils in that their ‘core business’ is arbitrating commercial disputes under the Arbitration Act 1996.[2]
The tribunals were set up by lawyer Faiz-ul-Aqtab Siddiqi and operate in London, Bradford, Manchester, Birmingham and Nuneaton. Two more were originally planned for Glasgow and Edinburgh.[3] Rulings can be enforced in England and Wales by both the County Courts and the High Court. The media have described a system of Islamic Sharia courts which have the power to rule in civil cases.[3]Script error: No such module "Unsubst". As of 2008, the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours.[3]Script error: No such module "Unsubst".
Legality and powers
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”.[4] 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".[3]Script error: No such module "Unsubst".
The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law.[4][5] A talaq can be granted to recognise divorce.[4][5] A sharia marriage has no bearing on personal status under UK law.[6] The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses.
Criticism and controversy
Former MP Dominic Grieve 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."[3]Script error: No such module "Unsubst".
An e-petition to the UK government to prohibit and criminalise sharia courts received over 15,000 signatures. The government issued a response, stating that sharia rulings are only permitted if legal under UK law.[7]
See also
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References
- ↑ "30 councils were identified [...] certain small councils based in local community Mosques or local organisations had been missed" Bano, Samia.(2002-10-02) "An exploratory study of Shariah councils in England with respect to family law." p15.
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- ↑ a b c d e Script error: No such module "citation/CS1".
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- ↑ a b "Extra-judicial divorces, which have been granted since 1 January 1974 in this country, are not valid." Script error: No such module "citation/CS1".
- ↑ "To get married in an Anglican church, contact your local church [...] For all other marriages or civil partnerships you must give notice at your local register office." Script error: No such module "citation/CS1".
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