Burning Issue

Yes

Shakti Women's Aid, for black, minority ethnic women, based in Edinburgh

A MAJORITY of our clients are Muslim and currently seek justice in the Scottish court system for the physical, emotional and sexual abuse that they have endured from their partners and husbands.

If these women will have the alternative of seeking final and binding judgment on their domestic abuse cases from a Sharia court then, as newspaper reports have reported, they stand to receive little or no justice.

They will be disadvantaged, disfavoured and possibly forced to stay in abusive relationships as it is extremely likely that they would be presenting themselves for judgment to a room full of men who may have little or no understanding of domestic abuse and are most likely to be prejudiced against women.

Muslim victims who do not present themselves to a sheriff will miss the benefits of a legal system that gives them a right to appeal and uses laws that are designed to protect them through a democratic process.

It is imperative Muslim women, most of whom come from Black minority ethnic (BME) communities, seek justice within the existing legal system as it ensures visibility to the extent of the problem of domestic abuse in minority communities.

If these women, who are already on the periphery of Scottish society for a number of reasons, increasingly cease to use mainstream statutory services they will fall off the radar of policymakers and funders who ensure specialist BME services continue to exist. This could create a further divide in an unequal Scottish society where women, especially BME women, are still fighting for equality.

MUFTI ABDUL BARKATULLA

member of sharia panel of judges, Islamic Sharia Council, London

HARIA is voluntarily practised as governing law throughout the Muslim world in many aspects of personal and social life. Increasingly, Sharia is emerging as choice of law in business and commercial practices as well.

The UK Treasury, Financial Services Authority and English High Courts have shown accommodation to Sharia law in business and finance over the last few years and, as a result, the UK is seen as a model by the rest of the secular world.

Sharia drives its strength from grass-root Muslim individuals who wish to abide by the Sharia law as a matter of choice not coercion. It is in this context that Family Shari courts have come into the limelight on the lines of Jewish Beth Din.

Mostly, both disputing parties come forward and submit on the line of arbitration tribunals to adhere to Sharia.

Sharia courts are very careful not to step over civil courts' domain of jurisdiction. Thus only matters pertaining to religious matters are dealt with. For instance while deciding on matrimonial disputes, Sharia courts do not take a position on child custody and property matters. Based on my 25 years experience as a member of Sharia judges panel, I have always found the court's decision resolving individual, family and group predicaments rather than causing any divisions within the community. Those who choose not to abide by Sharia (and there are large numbers of them) are free to take recourse to the British courts' systems. It is a matter of choice and conviction, rather than coercion and compulsion.