I may have mentioned this before but for historic reasons Scotland has a different legal system to that of England and Wales. Some modern legislation is the same for all three countries and trial by jury is very similar but the Scots follow the Napoleonic code based on Roman law. Which means they are considering the incursion of Sharia Law for themselves separately.
This is from The Times.
Holyrood ministers have denied claims that there are plans to introduce Sharia in Scotland. The Scottish government said that Islamic law had “no jurisdiction” north of the Border, and rejected the prospect of a dual legal system.
The denials came after a report yesterday that the body behind five Sharia courts in England was hoping to establish similar centres in Scotland. The Muslim Arbitration Tribunal (MAT) told The Scotsman that discussions were under way with lawyers and Muslim groups north of the Border. It is thought they intend to set up the courts in Glasgow and Edinburgh.
Such a move would be highly controversial, as critics believe that Sharia discriminates against women. Baron McCluskey, one of Scotland's most senior legal figures, said it would be “daft” for a democratic country to adopt Islamic law.
The MAT runs courts in London, Birmingham, Bradford, Manchester and at their own head office in Nuneaton, Warwickshire.
The courts were invested with legal powers by the Arbitration Act 1996. Under the legislation, which applies to England, Wales and Northern Ireland only, they are classified as arbitration tribunals. The rulings of arbitration tribunals are binding in law, as long as both parties involved agree to be directed by the court.
The Nationalists began their own version of the Act in June, when the Arbitration Bill Scotland was published to modernise and consolidate legislation, and set up a dispute resolution centre. The administration insisted yesterday that the Bill could not implement Sharia by the back door. A spokesman said that Sharia “has no jurisdiction in Scotland, nor is there any intention or plan to introduce it”.
The Scotsman has a piece on the pros and cons here. The Shakti Women's Aid, for black, minority ethnic women, based in Edinburgh thinks it would be an appalling idea.
A MAJORITY of our clients are Muslim and currently seek justice in the Scottish court system for the physical, emotional and sexual abuse that they have endured from their partners and husbands. They will be disadvantaged, disfavoured and possibly forced to stay in abusive relationships as it is extremely likely that they would be presenting themselves for judgment to a room full of men who may have little or no understanding of domestic abuse and are most likely to be prejudiced against women.
Muslim victims who do not present themselves to a sheriff will miss the benefits of a legal system that gives them a right to appeal and uses laws that are designed to protect them through a democratic process.
It is imperative Muslim women, most of whom come from Black minority ethnic (BME) communities, seek justice within the existing legal system as it ensures visibility to the extent of the problem of domestic abuse in minority communities.
But Mufti Abdul Barkatulla member of the sharia panel of judges, Islamic Sharia Council, London thinks it would be a wonderful thing. Well he would wouldn’t he.