Sharia law could play a role in some parts of the legal system, the most senior judge in England and Wales has said.
The Lord Chief Justice, Lord Phillips of Worth Matravers, emphatically ruled out the possibility of sharia courts sitting in this country or deciding penalties.
But in a speech at the East London Muslim Centre in Whitechapel he said there was no reason why sharia principles could not be used in "mediation or other forms of alternative dispute resolution".
Lord Phillips said: "There is no reason why sharia principles, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution.
"It must be recognised, however, that any sanctions for a failure to comply with the agreed terms of mediation would be drawn from the laws of England and Wales."
The Lord Chief Justice told his audience that severe physical punishments such as flogging, stoning and the cutting off of hands would not be acceptable.
He added: "There can be no question of such courts sitting in this country, or such sanctions being applied here. So far as the law is concerned, those who live in this country are governed by English and Welsh law and subject to the jurisdiction of the English and Welsh courts."
I have found myself in disagreement with the Archbishop of Canterbury on several occasions, even before his speech on the accommodation of sharia law into the fabric of this country.
I have had much more to do with the Lord Chief in the course of my job and as a consequence I have, or had being now retired, a high degree of respect for him.
Taking a sentence like “Sharia law could play a role in some parts of the legal system” as a handy soundbite may not be the main tenor of his speech. The rules and regulations of the Football Association have a role in their field, and in the relegation and punishment of Leeds United FC they ruined my husband’s summer last year, but their place is limited and they would not be allowed to be a parallel system.
There will be some that use on this report from the Press Association as proof positive that England and Wales are about to adopt Sharia law wholesale,and that we are all doomed, doomed I tell you. The Telegraph has a little more detail here. However I am going to reserve my opinion until I have read his speech in full on the Judiciary website.
We had a saying in one court where I worked - “read the second paragraph”. I want to read this whole speech.
Update. In The Times this morning the legal editor Frances Gibb has two articles entitled
I have a longer post about these above but as I suspected the Lord Chief has set out a role for sharia which is very limited in extend, and has emphasised the supremacy of the Law of the Land.
