{UAH} Sharia courts in Britain 'lock women into marital captivity
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Mayimuna,
Here is a recent study on the mistreatment and severe oppression of
women under Islamic culture. You may dispute whether the Koran
directly lauthorises this very barbaric and cruel treatment of women
in Islamic culture, but the reality is that in the UK, divorce amongst
muslims is now the fastest rising in the country because many women
have woken up and will no longer accept slavery. As this study shows,
the sharia courts are themselves part and parcel of the oppression of
women as they all will go to all extent to keep women in captivity.
Under Islam, women are supposed to live like animals in a zoo. This is
totally intolerable and must end. We are in the 21st Century for god's
sake.
Bobby
Sharia courts in Britain 'lock women into marital captivity and do not
officially report domestic violence' says academic•
Report says Sharia councils are treating women as second-class citizens
•Dutch PhD Candidate Machteld Zee observed 15 hours of hearings in
London and Birmingham
•Sharia councils operate under the 1996 Arbitration Act and are meant
to mediate disputes
By Ian Drury for the Daily Mail
Published: 22:28, 6 December 2015 | Updated: 17:50, 7 December 2015
Dutch academic Machteld Zee observed hearings at Leyton Sharia
Council in east London
Sharia courts operating in the UK are treating women as second-class
citizens, a damning report has revealed.
The secretive Islamic tribunals, working mainly from mosques, settle
financial and family disputes according to religious principles.
But the parallel justice system runs against the law of the land and
is condemning British Muslim women to 'marital captivity' while
failing to protect them from domestic violence, an independent study
found.
In one controversial case, a sharia court refused to intervene even
though a woman said her husband was denying her a divorce unless she
gave him £10,000.
In another instance, a woman who claimed to be married to an abusive
husband was told by a laughing judge: 'Why did you marry such a
person?'
Under Islamic law, men only need to say 'I divorce you' three times to
separate from their wives while women need the sanction of clerics.
According to the report, a judge at an East London court told a couple
who had already obtained a civil divorce that the paper counted for
nothing.
It said the judge – known as a qadi – told the couple: 'Secular judge
does not do religious divorces. We have Islam. Secular courts do not
have Islamic laws. Can a kaffir [non-Muslim] come in and judge Islamic
matters?'
The report was written by Machteld Zee, a Dutch academic who was
granted unprecedented access to Islamic divorce hearings in London and
Birmingham.
She concluded: 'There are, in fact, two separate legal orders
functioning [in the UK], of which one currently operates in the
"shadow of the law".'
Judges in the courts were 'upholding the theory and practice of the
strong hold men have over women', she added.
The PhD candidate said judges were 'not a neutral third party' but
'always in favour of the man'
Her findings will reignite the debate about the rise of sharia law,
the legal system derived from the Koran and the rulings of Islamic
scholars, which are known as fatwas.
It provides a code for living – including prayers, fasting and
donating to the poor – but is also notorious for laying down extreme
punishments such as cutting off a hand or death by stoning for
adultery.
LEGAL STATUS OF SHARIA COUNCILS IN BRITAIN
Arbitration usually takes place behind closed doors and the
arbitrator's decision must remain secret unless the parties agree
otherwise
The Arbitration Act of 1996 allowed non-legal religious bodies
Sharia judges have no power to grant a civil divorce
If individuals do not want to start legal proceedings, they may resort
to secular or religious arbitration
The conclusions of the arbitrator are final and binding, but they
cannot change marital status and are unable to discuss custody
arrangements
The vast majority of cases in front of Sharia councils in the UK
concern marital disputes as women need an Sharia authority to grant a
religious divorce
.Sharia courts cannot overrule regular courts. But they are
responsible for issuing Islamic divorce certificates – although these
must be approved by a law court before they can be recognised in civil
law.
A separate report in 2009 found there were as many as 85 sharia courts
in the UK, which are recognised under the Arbitration Act.
But Miss Zee's study, based on sitting in on 15 hours of hearings at
the Islamic Sharia Council in Leyton, East London, and Birmingham
Central Mosque Sharia, found women were not treated equally. She said
judges were 'not a neutral third party' but 'always in favour of the
man'.
In her book Choosing Sharia, she said: 'In a toxic mix of religious
fundamentalism, culture and tight-knit communities, sharia councils
uphold the theory and practice of the strong hold men have over women.
'Sharia councils may "help" women who want a divorce, but it is a
solution to a problem that they fuel and one that they seek to
preserve.'
She said that the councils 'frustrate women in their requests,
especially if the husband is unwilling to cooperate'.
'One judge said, "Under Islam, we should reconcile marriages, even if
there is violence". They don't care. It was shocking.'
Muslim women wishing to divorce often feel the need to get a religious
divorce for cultural reasons. Also, if a civil divorce is not accepted
by a country that follows sharia and they have remarried, they risk
the death penalty for adultery.
A British Sharia council presides over marital cases at their east
London headquarters
In 2008, then Archbishop of Canterbury Rowan Williams sparked an
outcry by arguing that adopting 'some aspects' of sharia in Britain
could help with social cohesion. However, a report the following year
by the Civitas think-tank warned that the courts operated behind
closed doors and their decisions were likely to be unfair to women.
Examples set out in the study by Islamist specialist Denis MacEoin
included a ruling that no Muslim woman may marry a non-Muslim man
unless he converts to Islam and that any children of a woman who does
should be taken from her until she marries a Muslim.
In 2011, ministers controversially abandoned an inquiry into the rise
of secretive sharia councils – because the Muslim courts refused to
help.
Khola Hasan, a scholar at the Islamic Sharia Council in London,
rejected Miss Zee's allegations.
She said: 'We certainly don't condone domestic violence or force women
to go back: we are there to get women out of religious marriages.' She
described the allegations of bias towards men as 'absolute rubbish'.
--
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Here is a recent study on the mistreatment and severe oppression of
women under Islamic culture. You may dispute whether the Koran
directly lauthorises this very barbaric and cruel treatment of women
in Islamic culture, but the reality is that in the UK, divorce amongst
muslims is now the fastest rising in the country because many women
have woken up and will no longer accept slavery. As this study shows,
the sharia courts are themselves part and parcel of the oppression of
women as they all will go to all extent to keep women in captivity.
Under Islam, women are supposed to live like animals in a zoo. This is
totally intolerable and must end. We are in the 21st Century for god's
sake.
Bobby
Sharia courts in Britain 'lock women into marital captivity and do not
officially report domestic violence' says academic•
Report says Sharia councils are treating women as second-class citizens
•Dutch PhD Candidate Machteld Zee observed 15 hours of hearings in
London and Birmingham
•Sharia councils operate under the 1996 Arbitration Act and are meant
to mediate disputes
By Ian Drury for the Daily Mail
Published: 22:28, 6 December 2015 | Updated: 17:50, 7 December 2015
Dutch academic Machteld Zee observed hearings at Leyton Sharia
Council in east London
Sharia courts operating in the UK are treating women as second-class
citizens, a damning report has revealed.
The secretive Islamic tribunals, working mainly from mosques, settle
financial and family disputes according to religious principles.
But the parallel justice system runs against the law of the land and
is condemning British Muslim women to 'marital captivity' while
failing to protect them from domestic violence, an independent study
found.
In one controversial case, a sharia court refused to intervene even
though a woman said her husband was denying her a divorce unless she
gave him £10,000.
In another instance, a woman who claimed to be married to an abusive
husband was told by a laughing judge: 'Why did you marry such a
person?'
Under Islamic law, men only need to say 'I divorce you' three times to
separate from their wives while women need the sanction of clerics.
According to the report, a judge at an East London court told a couple
who had already obtained a civil divorce that the paper counted for
nothing.
It said the judge – known as a qadi – told the couple: 'Secular judge
does not do religious divorces. We have Islam. Secular courts do not
have Islamic laws. Can a kaffir [non-Muslim] come in and judge Islamic
matters?'
The report was written by Machteld Zee, a Dutch academic who was
granted unprecedented access to Islamic divorce hearings in London and
Birmingham.
She concluded: 'There are, in fact, two separate legal orders
functioning [in the UK], of which one currently operates in the
"shadow of the law".'
Judges in the courts were 'upholding the theory and practice of the
strong hold men have over women', she added.
The PhD candidate said judges were 'not a neutral third party' but
'always in favour of the man'
Her findings will reignite the debate about the rise of sharia law,
the legal system derived from the Koran and the rulings of Islamic
scholars, which are known as fatwas.
It provides a code for living – including prayers, fasting and
donating to the poor – but is also notorious for laying down extreme
punishments such as cutting off a hand or death by stoning for
adultery.
LEGAL STATUS OF SHARIA COUNCILS IN BRITAIN
Arbitration usually takes place behind closed doors and the
arbitrator's decision must remain secret unless the parties agree
otherwise
The Arbitration Act of 1996 allowed non-legal religious bodies
Sharia judges have no power to grant a civil divorce
If individuals do not want to start legal proceedings, they may resort
to secular or religious arbitration
The conclusions of the arbitrator are final and binding, but they
cannot change marital status and are unable to discuss custody
arrangements
The vast majority of cases in front of Sharia councils in the UK
concern marital disputes as women need an Sharia authority to grant a
religious divorce
.Sharia courts cannot overrule regular courts. But they are
responsible for issuing Islamic divorce certificates – although these
must be approved by a law court before they can be recognised in civil
law.
A separate report in 2009 found there were as many as 85 sharia courts
in the UK, which are recognised under the Arbitration Act.
But Miss Zee's study, based on sitting in on 15 hours of hearings at
the Islamic Sharia Council in Leyton, East London, and Birmingham
Central Mosque Sharia, found women were not treated equally. She said
judges were 'not a neutral third party' but 'always in favour of the
man'.
In her book Choosing Sharia, she said: 'In a toxic mix of religious
fundamentalism, culture and tight-knit communities, sharia councils
uphold the theory and practice of the strong hold men have over women.
'Sharia councils may "help" women who want a divorce, but it is a
solution to a problem that they fuel and one that they seek to
preserve.'
She said that the councils 'frustrate women in their requests,
especially if the husband is unwilling to cooperate'.
'One judge said, "Under Islam, we should reconcile marriages, even if
there is violence". They don't care. It was shocking.'
Muslim women wishing to divorce often feel the need to get a religious
divorce for cultural reasons. Also, if a civil divorce is not accepted
by a country that follows sharia and they have remarried, they risk
the death penalty for adultery.
A British Sharia council presides over marital cases at their east
London headquarters
In 2008, then Archbishop of Canterbury Rowan Williams sparked an
outcry by arguing that adopting 'some aspects' of sharia in Britain
could help with social cohesion. However, a report the following year
by the Civitas think-tank warned that the courts operated behind
closed doors and their decisions were likely to be unfair to women.
Examples set out in the study by Islamist specialist Denis MacEoin
included a ruling that no Muslim woman may marry a non-Muslim man
unless he converts to Islam and that any children of a woman who does
should be taken from her until she marries a Muslim.
In 2011, ministers controversially abandoned an inquiry into the rise
of secretive sharia councils – because the Muslim courts refused to
help.
Khola Hasan, a scholar at the Islamic Sharia Council in London,
rejected Miss Zee's allegations.
She said: 'We certainly don't condone domestic violence or force women
to go back: we are there to get women out of religious marriages.' She
described the allegations of bias towards men as 'absolute rubbish'.
--
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com
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