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Session Details
Guest Name Dr. Suhaib Hasan  
Profession Secretary of the Islamic Sharia`h Council of UK
Subject Shari`ah Courts in UK: A Muslim Judge's Experience
Date Wednesday,Feb 13 ,2008
Time Makkah
From
... 04:00...To... 16:00
GMT
From
... 01:00...To...13:00
 
Name
Editor    - 
Profession
Question ---
Answer The session has just started and will go on till GMT 13:30.

Please feel free to join submit your questions now.

After the session has ended, you can view the whole dialogue by clicking Recent Sessions, or later on Archive.

For feedback and suggestions, please e-mail European Muslims.

Radwa Khorshid
Euro-Muslims Zone
 
Name
Aafiya    - 
Profession housewife
Question Can I ask for a divorce from my husband of 10 years if he is neglectful of his islamic practices like prayers,zakah and udhiyyah and considering his mom was a hindu and rverted o islam just to marry his father and since his father died she is mingling around with her family,gambling,goes to temple sometimes and my husband never tries to stop her saying she is an adult and this gambling is her past time.My husband and mom in law are very bad influence islamically on my daughters.Please help me to know what will be best for me,as i have tried my best to get on with this marriage.But now its to a point where i hate him and can bear to even look at him at times, I am not able to even give him physical rights because of what I feel and hate in him.My father says he will disown me if i divorce him.What do I do with this?
Answer Islmically Assalam o alaikum warahmatullahi wabarakatuhu

In answer to your question please note that for a Muslim the prayer, zakat, fastings are the primary requirement which in never case should be neglected. If means are available a Muslim is obliged to for a Hajj as well. I understand from your letter that your husband either does not abide by any of these requirements or does it very seldom. In this case, especially when you have developed a strong hatred towards him because of his bad practices you are allowed to ask for a divorce. That could be dome through a competent Islamic body in your country. If not, then through a Civil Court.

Wassalam,
 
Name
Marwan    - France
Profession
Question How can the shariah influence the law in the UK?
Answer Assalam o alaikum warahmatullahi wabarakatuhu

U.K of course got a Civil Law which has already some elements of Shari`ah concerning Muslim personal Law and some financial dealings. For example, the Law about the custody of a child after divorce is very much similar to that of Shari`ah. The welfare of the child is considered super most, though according to Islamic- Shari`ah a woman loses the right of the custody of a Minor if she re-marries, now this element is not considered in the civil Law. In the matter of inheritance if a person dies in-tested his/her assets would be taken in a very great proportion by the state. Any how if he leaves a will Islamically that WILL could be implemented by the Civil Law. Here we are just concerned with these aspects of Shari`ah concerning the Muslim Personal Law to be incorporated in the Civil Law, so that such problems do not arise for the Muslims. We in no way want the larger British society to be governed by these Laws because these would primarily for the Muslims.

Wassalam,
 
Name
Marwan    - France
Profession
Question As of today, what do you think are the limits of inter-religious dialogue?
Answer Assalam o alaikum warahmatullahi wabarakatuhu

The Qur’anic principle of dialogue which is explained in Surah Al-e-Imran which says, “Say O the people of the Book come to common terms as between us and you, that we worship none but Allah, that we associate no partners with HIM, that we erect not from among ourselves Lords and patrons other than Allah. (Verse -64.) So inter-religious dialogues one should always try to find out the common matters between the two parties as a basis for a dialogue. Don’t begin with controversial matters because they lead to more misunderstanding.
And the second principle which is given in the Book is “And don’t argue with the people of the scriptures except in the best way.” So if these two principles are followed then inter-religious dialogues would be beneficial.

Wassalam,
 
Name
Rehana Mortad    - Norway
Profession
Question What is the point in this huge debate over the lecture of Dr. Riwan, isn't it one of our Muslims' rights in UK?
Answer This question is already answered previously.
 
Name
M*    - 
Profession
Question Can you please comment on the concerted and hyper intense reactions to the archbishop's statement on Sharia? aren't they the symbol of a growing islamophobia in this country?
Answer Assalam o alaikum warahmatullahi wabarakatuhu

In my opinion Archbishop statements were not well understood. This what he admitted in his recent speech in the Synod. Because the media itself is very anti-Islamic, they are always looking for an issue to create an Islam phobic approach and hysteria in the country. What he said was very clear that some aspects of Sharia`h are already in practice like Sharia`h compliant mortgages approved by the Finance Act of 2006. So there is nothing wrong is some other aspects relating to Marriages and Divorces are also incorporated in the British Legal system. That was his argument but the Media jumped to a conclusion implying the rule of Sharia`h in its entirety, which is not suggested by him not demanded by the Muslims. The Law of UK has been developed through ages. This is why more and more Acts are passed by the parliament according to the situation prevalent at that time. So with a good Muslim population in this country almost the second largest minority there is nothing wrong if rights are preserved.

Wassalam,
 
Name
Salm a    - United Kingdom
Profession
Question As-salamu 'alykum,
I just wanted to know the aspects of the British Laws which include the Sharia in it? And does the Islamic Law ( Sharia) is meant to be used in the civil issues or the criminal issues or both?
Answer Assalam o alaikum warahmatullahi wabarakatuhu

As per criminal Law or Penal code of Islam is concerned that was never asked for by the Muslims because this is a area that could only be implemented by a Muslim stated which believes it to be a Divine Law. As for the Civil Law there is still a way open for the Muslims to do it Islamically through the mediation process which is allowed by the Law itself. If any mediatory body gives a ruling that can be upheld by the British courts. We are concerned only with some aspects of the Muslim Personal Law which if incorporated in the British Legal System would give a great relief to Muslims.

Wassalam,
 
Name
Ismail Kalash    - United Kingdom
Profession
Question I have read in the daily telegraph that the Queen is anxious over the last declarations of Dr. William, do you think that this anxiety is justified, and don't you think that Shari`ah in UK will solve a lot of problems instead of creating problems that deserve anxiety?
Answer Assalam o alaikum warahmatullahi wabarakatuhu,

A lot of concerns have been expressed in the media only because there is a sheer ignorance of Shari`ah in the minds of the people. I think if any serious attempt is made to understand the Shari`ah by inviting Muslim scholars to the public forums to offer an exhaustive explanation to this issue, provided they are given enough time and not interrupted unnecessarily.

Wassalam,
 
Name
Zaienab El-mahroky    - Belgium
Profession
Question Sheikh Suhaib,
Salmu Alikum,

Can you kindly tell us more about your lengthy experience in the British courts? And when exactly have the British law decided to use some of the shariaa aspects in UK or make some courts for the Muslims?
Answer Assalam o alaikum warahmatullahi wabarakatuhu,

Presently only some financial aspects of Shari’ah like the Shari’ah compliant mortgages are allowed. Not more than that, but the Laws governing Divorces are very much inline with the Islamic teachings for example, the reasons which can help a partner to lodge a case for Divorce. What we are saying that if some aspects of Shari’ah are incorporated in the British Legal System they will give a big relief to the Muslims. For example now they have to go through two processes of Marriage and Divorce, one on the Mosque and the second in the Civil registry or court. Now a Mosque can apply for a place good for Civil marriages under certain conditions. A similar process can be devised for Divorces as well.

Wassalam,
 
Name
Karam Mkawet    - Germany
Profession
Question We would like you to tell us the most obstacle that British Muslims do encounter especially when it comes to martial or inheritance status?

Thanks in Advance,
Karam Mkawet
Answer Assalam o alaikum warahmatullahi wabarakatuhu,

Because polygamous marriages are not allowed, any Muslim does that he can only show his second wife as a mistress, which is a most abhorrent situation.
Then comes the issue of the children parentage and their entitlement to the inheritance.

The issue of a person who dies in-tested most of the property goes to the state. The issue of the settlement of the dower amount after a divorce. The requirements of an Islamic Talaq or KHULA is another issue among the many more of this nature.

Wassalam,
 
Name
Mahmoud    - Australia
Profession
Question Dear Sir,
Being a british Muslim, what was the reaction and effects of the Archbishop's speech on the ground in UK?
Answer Already answered previously.
 
Name
Mosaab Rahman    - United Kingdom
Profession
Question Dr. Suhaib,
Thanks for IOL and for you for this Live Dilaogue.
I am Mohamed, i attend all your lecctures in Masjid Al-Tawhid in London, Thought it is very far from my home.

I am planning to get married soon inshaaAllah, my wife is a british Muslim too, can you please tell IOL visitors and me the procedures needed to get married officially and according to Islam in UK? As I guess this would clarify the issue for all of us inshaaAllah.

Mosaab Rahman
Answer Assalam o alaikum warahmatullahi wabarakatuhu

To secure your rights and that of your spouse a registration of marriage is very vital. Now some Mosques including Masjid Al-Tawhid are registered as a place for Civil registration as well but many people are still reluctant to avail this opportunity and this is due to their ignorance of the benefits they could acquire through a Civil registration.

Wassalam,
 
Name
Muhammad    - Egypt
Profession Student
Question Salamou Alikoum dear Mr. Suhaib. I have a question. Do you think these new events will help in making the position of UK muslims being better or worse? From a legal point of view. How can Islamic laws be integrated in British laws? Jazakoum ALLAHo khayran
Answer Assalam o alaikum warahmatullahi wabarakatuhu

Of course we want the position of the Muslims in the United Kingdom to improve not to deteriorate but matters are not in our hands, they are in the hands of Allah subhanawa taa’la.

Whether we like it or not an event happening somewhere in the world may affect us as well and because like an Arabic saying “The people are enemies to something they are ignorant of.” Any issue concerning Islam and Muslims but seemingly new to the non-Muslims is always exploited by the media to make a mountain out of the mole.

Wassalam,
 
Name
Hany    - 
Profession
Question Salam Alikom,

Do you think the British media has made a mountain out of a hill regarding the Bishop's point of view of Islamic Shariah and the Civil Law?

And how do you assess his views in terms of the interests of the state and also the interests of Muslim community in Uk? Thanks
Answer Thanks for your question.

The previous answers have covered most of the issues raised by your self.

wasssalam,
 
Name
Mohamed Moftah    - Denmark
Profession
Question Would you please pointed out the difference or the significance of applying the Sharia`h law on civil matters not criminal matters in UK? Why don't we ask for a complete applying as long as it will be only on British Muslims?
Answer Assalam o alaikum warahmatullahi wabarakatuhu

Among the Shari`ah Laws some are required by the individuals where ever they are. Some are required by the Muslim community and some are authorized only by the State. For example, matters of worship, construction of the Mosque, giving Zakat could be managed by the individuals or by the community itself. As it is the case with the Muslims where ever they are. But in solving issues concerning the community Muslims face some difficulties for example they have to dual processes of marriages and divorces, One in the Mosque and One in the Court and this is why we ask for some aspects of Muslim Law to be incorporated in the British Legal system. The Penal Code of Islam is specifically left to the state which believes it is a Divine Law. This is why when the prophet Sallaho alai wassalam was in Macca, most of the laws were not given.

Wassalam,
 
Name
Nafisa Semeth    - United States
Profession
Question Don't you think that a duality of legal system problem will be created as a result to accommodating Sharia`h law in British law? And how can we overcome this problem?
Answer Assalam o alaikum warahmatullahi wabarakatuhu,

This question arises due to the ignorance of what we stand for. We are not asking for a parallel system. What we want is to complement the work of the British Legal System. There is such a system which exists like Beth Din of Jews and some Christians courts, so there is nothing wrong if Shari’ah Councils are left operating on the same level without interfering with the work of the Civil courts.

Wassalam,
 
Name
Doria Kareman    - Turkey
Profession
Question What do you think of some Islamic penalties like: cutting off the hands and feet, or flogging the drunkard, cutting off the hands and feet. Do you think if applied in any society, what would be its impact?
Answer
Assalam o alaikum warahmatullahi wabarakatuhu,

The answer is already been given, they are only applicable in a State which believes it to be Divine Law. They only work as a strong Deterrent. That is why the crime rate comes to a very low lever where ever this aspect of Shari’ah is enforced.

Wassalam,
 

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