The article below (From the Sunday Telegraph) sent to me by a friend. Knowing my legal views and ethics, I think he knew if be splurting my morning coffee all over the place!
The headline would appear to be an attempt to upset & illicit a certain type of reaction and to suggest there will be some form of hybrid Will which to be honest baffles me, as to its need & how such a step (as the article is written in order to provoke) is ever to be valid or legitimate in a Court Of Protection or via Probate in England & Wales without compromise to ensure that the “Sharia” will is compatible with our law relating to Wills & Probate.
It doesn’t follow our legal precedents under probate and the article implies that there is about to be a Sharia legal system which runs parallel to our own.
A devout Muslim can make a Will in which he/she can express their wishes & can allocate shares to named individuals in the form of bequests without the need for this attempt to promote a dual system which is the apparent aim!
Or is it the aim of the writer of the article to inflame tensions & to put about a fear in our society that our Laws, both Common and Legislative, given Royal assent by our Monarch(s) will be only for non Muslims with the Sharia Law for Muslims?
Such a scenario is seen as inevitable by some in our Society and this is likely make matters worse and bring about further division in society.
The fact remains, and is buried in the article, that these Sharia wills are to be drafted in such a way that they conform to our legal system, it’s norms, nuances, precedent, legality etc.
However, if some (yes it is a small minority) see a sign in a Solicitors window saying “Wills – Sharia & Secular get them here” (or words to that effect, not had time to let my morning coffee shake me fully from my slumber) how long do you think that window will remain in tact, in some areas I’d wager not very long because there is always some who want to cause trouble! No I don’t condone such actions, I don’t like racist or racism of any way, shape or form.
As an officer of the Supreme Court of England & Wales I can say with certainty that such wills for the devout Muslim will in its wording may possibly be different in certain places BUT the remainder will have its standard clauses, sound mind, I bequeath, I give the ornaments off the mantelpiece here to listed to (named individual) if they should predecease me then the items are to go to their eldest son/daughter even if that child be in utero at the time of my death.
The thing is the legal system cannot change overnight & a thousand years of precedent swept under the carpet! So before people take to the streets in outrage please send them a copy of my blog & I hope it will explain that Sharia Law has not overnight become legally binding and will not do so now or even in another 1000 yrs!
Yes yes I’m aware of the various mediation services offered via the Imam or Mosque Elders. Again these are BUTcourts in our sense of the word, they are a place where mediation takes place to prevent long court battles regarding divorce, visitation, marriage guidance etc. Think of the Citizens Advice & Mediation Services and use that as your starting point to understanding how any such a process may work.
To call them courts is disingenuous & misleading! In England & Wales (where I’m allowed to practice law) there is only one system that is actually legally binding in all it does and that is the law of England & Wales via Acts of Parliament that have been given Royal Assent and in force on the day of hearing!
So rest easy, put the pitch fork & flaming torches back in the cupboard and rest easy that Law & Justice are not about to be usurped!
Sunday Telegraph – 23 March 2014
wheelsofpoliticalsteel 
Thank you for your explanation. The Daily Mail is now running with this story and whipping up their readers into a frenzy too. IF the system as reported were true, I would also be dusting off the ‘ol trusty pitchfork too, but if it is as you say, more a case that the Law Society has drafted guidelines for how to ensure that Sharia agreements are written to be fully compliant with English Law, then I really see no problem and I am much happier with that situation, than even with parallel systems of English and Sharia laws running equal, side by side. (Let alone Sharia gaining supremacy in English law as the articles infer)
English Common Law has developed over centuries and is the best and most equitable form of law in the world (in my humble opinion)
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Agreed, this is one area of law I’ve had many dealings with so I’m certain of my assessment. I’d not do anything which would mislead or knowingly falsify such sensitive information. Glad I’ve written it in a way that actually does inform people & hopefully will mean others will get it just as you do.
Happy Sunday xxx
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It is not necessarily so simple.
Just as sharia slaughter is permitted, but not compulsory – it is now often impossible to avoid, And in some places (that are still minority muslim) pork has been banned.
The huge curtailment of a womens rights under islamic (and some other) religious marriages isn’t illegal (if the wife ‘chooses’ not to assert their rights), but creates a environment where it is difficult for them to do so.
Any concerted, organised push against established, accepted norms needs to be viewed with great caution.
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Have you seen this? undercover report by Panorama it shows just how these sharia councils are acting like courts of law, in defiance of British law, on child custody and the rights of women suffering terrible abuse
last Government failed to act and present one is glossing over it, this is wrong and these councils are not accountable to anyone
http://www.bbc.co.uk/iplayer/episode/b01rxfjt/Panorama_Secrets_of_Britains_Sharia_Councils/
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Thanks will watch. Nobody should ever stand by and allow any man, woman or child to suffer abuse!
No religion should ever turn a blind to any member of it’s congregation being abused & should actually rally around to help them, hold their hand and support them during the police complaint.
The abuser should be criticised & prosecuted. All should show zero tolerance to domestic violence. Education via the leaders & parents needs to start early!
The examples in the film seem to be bypassing the law, not protecting their flock, not acting to the highest moral standards. How can they sleep at night knowing they are allowing the abusers to continue harming?
No God of any sort should permit such violence. So if these Muslim Councils are acting on behalf of their God then how can they be acting in the will of God? All I’ve learnt from all sorts of religions is that the core beliefs are more or less similar. That being to treat others as you want to be treated yourself!
I’m appalled that if this is a known practise then surely there needs to be some sort of help, advice to prevent it. The police must get involved and should be enforcing the law. Every person living in the UK is to be treated under the law in the same way!
No more hiding such things behind closed doors & no way should any person convicted of any sort of abuse be back on the streets, they should get a 3yr sentence minimum! Only strongly enforced laws will help free people from abuse in their own homes!
That’s my 5p worth – I simply despise violence in the home & there is no reason in our society why abuse should be so prevalent in all demographics. It’s not confined to one group anyone could be a victim, age, sex, religion, wealth, education etc is no guarantee of safety!
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