Friday, July 04, 2008

Voluntary Sharia

or voluntary Catholic, or Jew...

Muslims in Britain should be able to live according to Sharia, the country's most senior judge has said.

"The judge did add that only the criminal courts should have the power to decide when a crime has been committed and when to impose punishment.

But his suggestion that different religious groups should run their affairs according to different rules sparked warnings that community cohesion could be undermined.

In a speech at the East London Muslim Centre in east London, Lord Phillips said it was "not very
radical" for Dr Williams to argue that Sharia law can be used to help govern issues like family disputes and the sale of financial products.

Lord Phillips said: "It is possible in this country for those who are entering into a contractual agreement to agree that the agreement shall be governed by law other than English law." Therefore, he said, he could see no reason why Sharia law should not be used to settle disputes in this country.

He said: "There is no reason why principles of Sharia law, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution."

He added: "It must be recognized however that any sanctions for a failure to comply with the agreed terms of the mediation would be drawn from the laws of England and Wales."

Sharia law suffered from "widespread misunderstanding" in Britain, Lord Phillips said. "Part of the misconception about Sharia law is the belief that Sharia is only about mandating sanctions such as flogging, stoning, the cutting off of hands or death for those fail to comply with the law," he said. "2

1 comment:

Anonymous said...

Já hoje é deveras comum empresas estabelecerem, nos contratos que fazem entre si, que quaisquer disputas relativas a esse contrato serão resolvidas por um qualquer árbitro bem definido, e não pelos tribunais comuns.

Portanto, nada há que impeça que cidadãos singulares façam o mesmo, que estabeleçam que quaisquer disputas entre si serão resolvidas por uma painel de, digamos, rabinos, padres ou seja o que fôr, em vez de serem resolvidas pelos tribunais.

Luís Lavoura