Regulating sharia councils (ie sharia courts) with a state quango is not the way forward
by Archbishop Cranmer:
A government review into the desirability, purpose and functioning of sharia councils (ie sharia courts) has been 18 months in the making. It was instigated by Theresa May when she was Home Secretary, in the context of allegations of the misuse or abuse of sharia codes of law in the treatment of women (particularly in divorce, domestic violence and child arrangement cases). Their rulings in this regard were frequently discriminatory, contrary to equality, oblivious to liberal democracy, and damaging to communities. The review sought to examine best practice in relation to their governance and transparency, while assuring compliance and compatibility with UK law.
‘The independent review into the application of sharia law in England and Wales‘ confirms all the discriminatory practices long suspected (and made known by Baroness Cox), but its key recommendation for dealing with them is troubling on a number of levels:
Since there is evidence that ECHR Article 9 (2) is engaged (the protection of the rights of others) it seems that there is an obligation on the state not only to respond to these issues through imposing and enforcing statutory duties but to do so effectively. In other words, a proportionate response needs to be an effective response.
It is in those circumstances that the panel believes that some degree of regulation is required to achieve that response. This approach is essentially procedural rather than substantive. It is designed to preserve the right of women to seek a religious divorce without risking exposure to discriminatory practices. It is to be noted that in speaking with the sharia councils, none were opposed to some form of regulation and some positively welcomed it.
So they propose is state regulatory body – a quango (they specify “similar to OFSTED”) – to ensure that sharia councils comply with UK law.
This will lead to the inevitable diminution of religious liberty for all.
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