Muslim Arbitration Tribunal

Last updated
Muslim Arbitration Tribunal
Formation2007
Purposeto provide a viable alternative for the Muslim community seeking to resolve disputes in accordance with Islamic Law. [1]
HeadquartersHijaz Manor, Watling Street, Nuneaton, CV11 6BE
Region served
UK
LeaderFaiz-ul-Aqtab Siddiqi
Website www.matribunal.com

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. [2] 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. [3]

Contents

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. [4] 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. [4] [ dead link ] As of 2008, the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours. [4] [ dead link ]

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”. [5] 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". [4] [ dead link ]

The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law. [5] [6] A talaq can be granted to recognise divorce. [5] [6] A sharia marriage has no bearing on personal status under UK law. [7] 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." [4] [ dead link ]

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. [8]

See also

References

  1. "Muslim Arbitration Tribunal". matribunal.com. Archived from the original on 2015-09-12. Retrieved 6 September 2015.
  2. "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.
  3. Zee, Machteld (August 17, 2013). "What happens at Sharia councils? Part Three: The Muslim Arbitration Tribunal". Leiden Law Blog. Retrieved 6 September 2015.
  4. 1 2 3 4 5 Taher, Abul (2008-09-14). "Revealed: UK's first official sharia courts". London: Times Online. Archived from the original on May 27, 2015. Retrieved 2010-01-04.
  5. 1 2 3 Rozenberg, Joshua (2008-09-14). "What can sharia courts do in Britain?". London: Telegraph. Archived from the original on 2009-04-27. Retrieved 2010-01-04.
  6. 1 2 "Extra-judicial divorces, which have been granted since 1 January 1974 in this country, are not valid." "Divorce". www.ukba.homeoffice.gov.uk. UK Border Agency. Archived from the original on 2012-10-07. Retrieved 25 April 2013.
  7. "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." "Marriages and civil partnerships in the UK". gov.uk . UK Government Digital Service. Archived from the original on 2013-03-20. Retrieved 25 April 2013.
  8. "Ban all sharia law in the u.k - e-petitions". Archived from the original on 2013-09-14. Retrieved 2013-09-02.