| Formation | 2007 |
|---|---|
| Purpose | to provide a viable alternative for the Muslim community seeking to resolve disputes in accordance with Islamic Law. [1] |
| Headquarters | Hijaz Manor, Watling Street, Nuneaton, CV11 6BE |
Region served | UK |
| Leader | Faiz-ul-Aqtab Siddiqi |
| Website | www |
The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in England. 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]
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 ]
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.
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]
Sharia is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and this referencing is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, practical application side of sharia in a sense, was elaborated over the centuries by legal opinions issued by qualified jurists and sharia has never been the sole valid legal system in Islam historically; it has always been used alongside customary law from the beginning, and applied in courts by ruler-appointed judges, integrated with various economic, criminal and administrative laws issued by Muslim rulers.
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is pursued by India's ruling Bharatiya Janata Party. Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
A qāḍī is the magistrate or judge of a sharīʿa court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and audition of public works.
In Islam, a mahr is the bride wealth obligation, in the form of money, possessions or teaching of verses from the Quran by the groom, to the bride at the time of the Islamic Wedding. While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.
Phyllis Marion Boyd was a Canadian politician in Ontario. She was a New Democratic member of the Legislative Assembly of Ontario from 1990 to 1999 who represented the riding of London Centre. She served as a member of cabinet in the government of Bob Rae.
Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq, khulʿ and faskh. Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory.
Caroline Anne Cox, Baroness Cox, is a cross-bench member of the British House of Lords. She is also the founder of an organisation called Humanitarian Aid Relief Trust (HART). Cox was created a Life Peer in 1982 and was a deputy speaker of the House of Lords from 1985 to 2005, as well as being a minister in government. She was also a Baroness-in-Waiting to Queen Elizabeth II. She was Founder Chancellor of Bournemouth University, Chancellor of Liverpool Hope University from 2006 to 2013, and is an Hon. Vice President of the Royal College of Nursing. She was a founder Trustee of MERLIN Medical Emergency Relief International.
All India Muslim Personal Law Board (AIMPLB) is a non-governmental organization in India that represents the interests of Muslims in matters of personal law. It was formed in 1973 with the objective of protecting and promoting the application of Islamic personal law among Muslims in India. The AIMPLB is primarily concerned with issues related to marriage, divorce, inheritance, and other personal matters governed by Islamic law, known as Shariah. The AIMPLB has been involved in various significant cases and debates, including those related to the Muslim Women Act, the Shah Bano case, and the Triple Talaq issue. It has also played a role in advocating for the preservation of Muslim personal laws and resisting attempts to introduce a uniform civil code in India.
Faiz-ul-Aqtab Siddiqi is a Muslim scholar, principal of the Hijaz College, National Convenor of the Muslim Action Committee (MAC), Secretary General of the International Muslims Organisation, Grand Blessed Guide of the Naqshbandi Hijazi Sufi Order and a barrister at law.
Faisal Kutty is a lawyer, academic, writer, public speaker and human rights activist. He served as an adjunct professor at Osgoode Hall Law School and is an Associate Professor of Law Emeritus at Valparaiso University. He has previously taught at Dwayne O. Andreas School of Law of Barry University and guest lectured at dozens of universities around North America.
The Islamic Sharia Council (ISC) is a British organisation that provides legal rulings and advice to Muslims in accordance with its interpretation of Islamic Sharia based on the four Sunni schools of thought. It primarily handles cases of marriage and divorce and, to a lesser extent, business and finance. Thousands of Muslims have turned to the Council to resolve family and financial issues. The Economist magazine states it has offered rulings to "thousands of troubled families since the 1980s", the council states that it has dealt with an average of between 200 and 300 cases monthly as of January 2012.
Polygamy and civil polygamous marriages are legal in Bangladesh but restricted according to a law of 1961, though the practice is rapidly declining. According to a Pew Research Center study, less than 1% of Bangladeshi men are in polygamous marriage, much lower than the average rate found in other nations that permit polygamy. Certain cities have also placed hefty taxes on the practice of polygamy, with the tax increasing per each new wife the man takes. A Bangladeshi Muslim man can marry up to four wives at the same time but must have permission from existing wives. There is no known limit for the number of wives a Hindu man can take in Bangladesh.
A ban on sharia law is legislation that prohibits the application or implementation of Islamic law (Sharia) in courts in any civil (non-religious) jurisdiction. In the United States for example, various states have "banned Sharia law," or a ballot measure was passed that "prohibits the state’s courts from considering foreign, international or religious law." As of 2014 these include Alabama, Arizona, Kansas, Louisiana, North Carolina, South Dakota and Tennessee. In the Canadian province of Ontario, family law disputes are arbitrated only under Ontario law.
The legal system of Saudi Arabia is based on Sharia, Islamic law derived from the Quran and the Sunnah of the Islamic prophet Muhammad. The sources of Sharia also include Islamic scholarly consensus developed after Muhammad's death. Its interpretation by judges in Saudi Arabia is influenced by the medieval texts of the literalist Hanbali school of Fiqh. Uniquely in the Muslim world, Sharia has been adopted by Saudi Arabia in an uncodified form. This, and the lack of judicial precedent, has resulted in considerable uncertainty in the scope and content of the country's laws. The government therefore announced its intention to codify Sharia in 2010, and, in 2018, a sourcebook of legal principles and precedents was published by the Saudi government. Sharia has also been supplemented by regulations issued by royal decree covering modern issues such as intellectual property and corporate law. Nevertheless, Sharia remains the primary source of law, especially in areas such as criminal, family, commercial and contract law, and the Qur'an and the Sunnah are declared to be the country's constitution. In the areas of land and energy law the extensive proprietorial rights of the Saudi state constitute a significant feature.
The Law of Nigeria consists of courts, offences, and various types of laws. Nigeria has its own constitution which was established on 29 May 1999. The Constitution of Nigeria is the supreme law of the country. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia Law. English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post-colonial independence.
Sharia means Islamic law based on age-old concepts. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.
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Shari'ah or Islamic law is partially implemented in the legal system of the Philippines and is applicable only to Muslims. Shari'ah courts in the country are under the supervision of the Supreme Court of the Philippines.
