THE PARALLEL LAW

On the 24th of June 2016, Europe has woken up to a new reality. In the recent referandum, the British public had voted in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in favor of leavin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing the EU. Followin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing this BREXIT, the goverment had resigned and a new in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">interim government is formed. You are a seasoned politician who had been called to participate in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in this newly formed government. The post that had been given to you is the Min" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inister of Justice although you have no prior legal education or any kin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ind of experience in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the legal profession. But do not be too comfortable with your new acquired title as you are in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">informed of a serious problem that awaits you in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in your first day at Office: Your chief of staff Charles "Buddy" Roberts notifies you of a TV in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">interview that you have to attend. The in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">interviewer is Amal Camapour who is an ardent femin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inist with a Muslim background. Bud tells you that Ms. Camapour is plannin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing to reserve a portion of the in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">interview air time to the issue of the growin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing number of the Sharia Courts and their new 'alarmin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing' position within" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the British legal system. Bud also adds that Ms. Camapour had shown the courtesy to allow you to freely pick 3 questions out of the 5 questions that she is plannin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing to direct to you. The 5 questions that Ms. Camapour is plannin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing to direct to you are: 1- There is a growin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing criticism towards the existence of the Muslim Arbitral Tribunal and the Shariah Courts within" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the British system. It is argued that those tribunals and so-called courts do represent a parallel legal system to the British legal system. Another criticism is about the law applied in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in those courts because certain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in aspects of Shariah is in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">incompatible with English law, euqality and human rights in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in general. It is stressed that in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in a modern society there must be one system and one law governin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing all. How do you respond to this criticisms? Do you agree or not? 2- The defenders of the Muslim Tribunal and the Shariah courts do underlin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ine the voluntary nature of the procedure. The parties consent to the jurisdiction of the courts and in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in most cases they do obey the decisions not because they are forced to but because they choose to. Do you thin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ink the State have the right to override the consent of the parties and in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">interfere with their personal autonomies? And if you believe so how do you justify that right? 3- Another commonly raised poin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">int is that Islam requires its followers to obey Islamic rules in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in a comprehensive way. Most Muslims believe they have to live in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in accordance with Islamic prin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inciples. The right to believe and worship is a basic human right and therefore should not be restricted. They believe havin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing a Muslim tribunal and Shariah courts protect and strenghten that right. What are your thoughts on this matter? Do you agree? Can you explain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in your position to our viewers? 4- Britain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in is undoubtly a multicultural nation. As the Min" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inister of Justice what are your thoughts on the relation between law and culture? What will be your Min" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inistry's action plan regardin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing that relation? The public wants to hear it in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in detail from you. 5- Women rights groups are amongt the fierciest critics of the Muslim Tribunal and Shariah Courts. However, in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the recent years it is observed that official complain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ints from Muslim women regardin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing decisions from such courts are rare. It seems that non-Muslim women are more annoyed than the Muslim women about those courts and decisions. As the Min" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inister of Justice, will you take this fact in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in to consideration? Can it have any bearin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing on your action plan? How do you explain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in yourself? 1- Pick the 3 questions that you are willin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing to answer in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the live Tv in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">interview 2- Then by workin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing with Bud and benefittin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing from all the help he will provide, compose fittin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing answers to those 3 questions It is in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">indeed ironic that you, as the new Min" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inister of Justice, have no idea about the situation in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">involvin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing Sharia courts and their legal relevance in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the British Legal system. However Bud is always here to help you and he does provide you a dossier which in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">includes the followin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing: A memorandum that summarizes the legal status of the Sharia courts and the legal framework that they are to operate within" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in (document-1) A collection of opin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inions given by various experts on the issue in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in hand which will shed light to the pros and cons