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Session Details
Guest Name Asif Iqbal  
Profession A British Expert in the Field of Interfaith Dialogue
Subject Shari`ah Row in UK: Ask a British Muslim
Date Thursday,Jul 3 ,2008
Time Makkah
From
... 04:00...To... 15:30
GMT
From
... 01:00...To...12:30
 
Name
Editor    - 
Profession
Question ---
Answer The session has just started and will go on till 12:30 GMT.

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
Mohamed Moftah    - United Kingdom
Profession
Question I would like to know based on your experience what about the dialogue between Muslims and British Governmenet?
Answer All mosques and religious organisations are supposed to register with the Charity Commission of England and Wales and Office of the Scottish Charity Regulator. The faith based charities form a significant part of the charitable sector of these commissions which run regular workshops to learn more about the way they work and to help strengthen their effectiveness and governance. There is “Faith and Social Cohesion Unit” which is currently running a Project called MINAB (Mosques and Imams National Advisory Board).

Another example,National Health Service (NHS) which is a government institution makes effort in providing facilities to Muslim patients (other faith groups as well) such as prayer area, halal food provision, service of an Imam during birth and near-death rituals (if asked for), etc. Likewise the government provides Imam counselling services for Muslim prison inmates. These efforts are government initiatives making it easy to comply with the observance of personal aspects of Sharia.

A similar effort can also be made to engage all the Sharia Councils to work collaboratively. At moment there is no association or union among these Sharia Councils to improve their standards of governance and accountability.

British government has already incorporated some religious legal considerations. The Treasury has approved Sharia-compliant financial products such as Islamic banking, investments and mortgages governed by UK’s banking regulator, the Financial Services Authority (FSA). British food regulations allow meat to be slaughtered according to Islamic practices.
 
Name
UK Muslim    - United Kingdom
Profession
Question What is your thought on applying Sharia to British Muslim...Do you think it may cause problems or negative impact on British Legal system?
Answer The aspect of Shari`ah which the practicing Muslims in Britain are asking to recognise in British Legal System is the Arbitration Process with mutual consent of the parties involved who desire to have their marital dispute resolved by Sharia family rulings(Muslim Personal Law). Currently any ruling passed by Sharia councils in UK has no legal status leaving the aggrieved parties in legal limbo. Such provision in the law is already accorded to Christians followers by their Ecclesiastical Courts and to Jewish faith followers by their Beth Din. At the moment Muslim couples go through two separate ceremonies for marriage and two separate proceedings for divorce, one religious and other civil courts.

It will have no negative impact on British Legal system because Arbitration Act is already in the law. In personal and even financial disputes, out of court settlements are resolved daily. The only essential stipulation being that all parties to dispute are in agreement without compulsion. In fact it will greatly lessen the burden on family proceedings, many of which are funded by UK Legal Aid Commission. Disputed divorce proceedings are very expensive and messy, especially when children are involved, where legal cost on an average could go up to 15,000 thousand pounds or even more. Such a reform will only streamline procedures, if properly constituted, can only be of benefit, providing relief to the over loaded legal system.
 
Name
Karena Kalaby    - India
Profession
Question Brother Asif,

Salamu Alikum...

Would you please mention some of the Islamic Laws that are applied in London..even the feild of the law...
Answer Walaykum Assalam,

Please review the earlier answer.

 
Name
Mohammed Al-Hindi    - 
Profession
Question Assalamu alaikum,

Dear Brother,
Does the Muslim community educate the public on a continuous basis about Islam and Muslims, so that they do not become unduly concerned about them anytime any such thing comes up?

Jazakallah Khair for the response.
Answer Muslim community has matured and settled in Europe for several decades now. They regularly participate in all walks of life. Interfaith dialogues and social cohesion programmes are organised to educate the general public and to create harmony. Several Muslim organisations conduct educational courses, conferences and seminars to engage with non-Muslims.
 
Name
Amjad Malik    - 
Profession
Question I would like you to highlight the steps taking by British Muslims in an attempt to convince the government to accept the Shariah law?
Answer There has been proposals that members of the Islamic Sharia Council should formally petition on behalf of the UK Muslim community and meet with the Lord Chancellor. In conjunction with the Family Proceedings (Amendment) Rules the provisions of the Divorce Act (Religious Marriages), be extended to the Muslim community in the same manner as it applies to the Jewish community so as to make it legally binding and delaying decree absolute until a religious divorce is pronounced.
 
Name
Abeda    - 
Profession
Question Could you please help me with some courts that are applying sharia law in UK as I am a new convert...Thanks
Answer There are no British Courts applying Sharia law. There is no dichotomy in the British Legal System which is the only statutory law in the country. As the law stands, at the moment if the two parties amicably desire to have a Sharia solution to their problem then under Scottish law the parties can have a Draft Court Order prepared and under English law a Consent Order form.

Number of Sharia councils are advising on matrimonial disputes. To my knowledge there are three each in London and Birmingham, one each in Leicester, Sheffield, Rotherham, Manchester and Dewsbury.

My best advise would be first to involve your family and seek help from mature religious minded married couples. Also to speak to practicing Muslim solicitors.
 
Name
To Dr. Asif    - United States
Profession
Question What are the role of Mosques in UK when it comes to the heritage of a Muslim Dead person...Could I ask an imam or got to Islamic court for this purpose or I have to abide by British Laws??
Answer All major and central mosques have funeral committees and burial facilities to advise in such situations. If the death has occurred in a hospital then health providers also assist in locating the such services through the hospital chaplaincy or spiritual department. In many places there is a contact of an Imam.

Muslims have there own graveyard space allocated to bury their dead. There is no need to go to a Sharia council for such purpose.
 
Name
non-Muslim    - 
Profession
Question Why is it so difficult to accept that Britain is NOT a Muslim country and has its own legal system? If people want to influence lawmaking, they lobby their MP who in turn raises the matter in Parliament. End of story.
Answer Indeed the laws are made through the parliament and British Muslim are campaigning to accommodate Muslim Personal law through the Arbitration Act which is part of the British Legal System. Several group, like Association of Muslim Lawyers have made their recommendations to the Law Commission. Any change will have to be approved through the parliament, first through the House of Commons and then through the House of Lords.
 
Name
Rahim Mansour    - 
Profession
Question How are you brother..I met you before in Scotland and I was glad..
What about Sharia in Scotland...is there any islamic court?

Answer Its a small world. In answer to your question. There are no Sharia Councils in Scotland. If someone needs a religious solution to a matter then there best recourse is through the Mosques in Scotland or approaching any Sharia Council based in England who also have associate members in Scotlands.
 
Name
Mirsaid    - Tajikistan
Profession
Question Asalom alaikum
Dear scholar,
Is it allowed to repray in jomea mosque second cogretion pray under islamic jurictification??
kindly answer me as soon as possible
Answer Your question requires a scholarly answer so please post a question to “Ask the Scholar” section of Islamonline.net or any other Islamic website providing Q&A service. Alternatively approach an Imam in your area.
 
Name
Kamilia Sattour    - 
Profession
Question What are the role that must be played by British Muslims to face trhe challenge of sharia in UK in your opinion?
Answer There is tremendous misunderstanding about the issue of Sharia laws in Britain not only in the general population but also in the Muslim population.

The irresponsible use of terminologies like Sharia “Courts” or Sharia “Judges”, gives the wrong impression of running parallel legal system with separate jurisdiction. Various Sharia Councils are nothing but arbitration or mediation committees who have no legal authority or recognition.

It is the job of Muslim lawyers and renowned scholars who specialize in jurisprudence to work with the law-maker in Britain. Sharia is such an emotive word to non-Muslims and the tabloids really play on that fear. So Nominal Muslims or those who do not understand the problem should best restrain in making irresponsible statements which makes the jobs of interfaith and social community workers difficult.

I have to say with respect that two incidences, the Dr Rowan William’s comment on BBC radio and the Channel Four TV documentary on Sharia style divorce raised very controversial issues in the public domain which requires a lot of compassionate and repetitive debates and dialogues. Radio and TV programmes are edited and display what the media wants to show. It distorts the facts, comments are taken out of context and presented in a way which changes the complete meaning of original statement. While Archbishop William had to confront the barrage of unwarranted criticism from his Church; the Ch4 documentary caused a debate within the Muslim circles. The program aired views of a Sharia Council saying, the quote, “We know that if Sharia laws are implemented then you can change this country(UK) into a haven of peace. Because once a thief’s hand is cut off, nobody is going to steal. If only once an adulterer is stoned, nobody is going to commit this crime at all. There would be no rapist[s] at all. This is why we say that, yes, we want to offer it to the British society. … And if they don’t accept it, they would need more and more prisons.” Such statements generated uproar in the general population because in an already Islamophobic climate where people equate the word Sharia with beheading or stoning, it is bound to cause fear, apprehension and anger in a secular society. Rather than complementing it makes the job of those involved in interfaith work even more difficult.
 
Name
Osama Salam    - France
Profession
Question Do you see the application of shariah law as a symbol of segregation when it comes to the British Muslims trials to get integrated in the society...?
Answer Sharia is not merely a legal code. Sharia governs all aspects of Muslim life, ranging from diet and dress code to social relationships and business transactions. Those Muslims who do not honour Sharia in their lives find themselves in difficulty. Observing Sharia means that the person is aware that he or she is constantly in the presence of Allah and realises that his or her intentions and actions will take them either to the Paradise or to the Hell after death in the next world which awaits all of us. This religious piety or awareness called “taqwa” makes believing Muslims careful about how they conduct their lives and affairs. This is the distinction between a practicing Muslim and others who believe that they are free to do whatever they want.

Integration of Muslim Personal law in Arbitration Act of the British Legal System will help integration. British Muslim are law abiding citizens and it is there duty to live peacefully and in harmony with their fellow non-Muslims. The challenge, in our multi-faith and multi-cultural society is to ensure that diversity is recognised and respected by all.
 
Name
Muslim Women    - 
Profession
Question What if as a Muslim women in UK I would like to make kholu` which is getting divorced??
Answer Women can apply to a Sharia council for divorce (Khul) only if they are able to provide a legitimate reason. Khula is a mutual contract between husband and wife, which secures for the wife a divorce in lieu of a monetary payment. It is purely a voluntary contract and cannot be imposed on any of the spouses. It should be born in mind that the most detestable lawful act in the sight of Allah is divorce.
 
Name
Muslim in UK    - 
Profession
Question I wonder How could I -as a Britsih Muslim- support Dr. William call for accomodating islamic law within British law especially that he has disappeared now?
Answer I am not what you mean by "he has disappeared now". Dr. William is the Archbishop of Canterbury and is still serving in that position.

He only meant to include some aspect of Muslim Personal Law in the British Legal System. His message was misunderstood and there were knee jerk reactions, half baked articles in the media and the issue was blown out of proportion. I personally think it is his inability, or refusal, to say everything in clear terms as most of the media now demand.

He did not call for a separate jurisdiction. Like I said earlier, here is no dichotomy in the British Legal System which is the only statutory law in the country. He merely made a suggestion that each bona fide religious group should be entitled to be governed by the religious rulings in which its members believe. They would then enjoy the same equal right in spite of their cultural diversity as most secularists who are happy to be governed by secular law.
 
Name
Scotland Muslims    - 
Profession
Question Dear Mr. Asif,

Is there anyway to bridge the gap between Muslims and non-Muslims in scotland..What is your advice
Answer The Scottish Muslims are making every possible effort to look into the commonalities between different faith groups. Respecting each others views and having compassionate dialogues gel the difference between different sectors of the communities.
 

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