Organization:Muslim Arbitration Tribunal
| Formation | 2007 |
|---|---|
| Purpose | to provide a viable alternative for the Muslim community seeking to resolve disputes in accordance with Islamic Law.[1] |
| Headquarters | Hijaz Manor, Watling Street, Nuneaton, CV11 6BE |
Region served | UK |
| Leader | Faiz-ul-Aqtab Siddiqi |
| Website | www |
The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in England . It is one of a range of services (Islamic Sharia Council is another) for Muslims who wish to resolve disputes without recourse to the courts system.[2] According to Machteld Zee, the MAT differs from other Sharia councils in that their ‘core business’ is arbitrating commercial disputes under the Arbitration Act 1996.[3]
The tribunals were set up by lawyer Faiz-ul-Aqtab Siddiqi and operate in London, Bradford, Manchester, Birmingham and Nuneaton. Two more were originally planned for Glasgow and Edinburgh.[4] Rulings can be enforced in England and Wales by both the County Courts and the High Court. The media have described a system of Islamic Sharia courts which have the power to rule in civil cases.[4][|permanent dead link|dead link}}] As of 2008, the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours.[4][|permanent dead link|dead link}}]
Legality and powers
The MAT operates under Section 1 of the Arbitration Act which states that: “the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest”.[5] As such it operates within the framework of English law and does not constitute a separate Islamic legal system. Under the Act they are deemed to be "arbitration tribunals".[4][|permanent dead link|dead link}}]
The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law.[5][6] A talaq can be granted to recognise divorce.[5][6] A sharia marriage has no bearing on personal status under UK law.[7] The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses.
Criticism and controversy
Former MP Dominic Grieve has stated: “If it is true that these tribunals are passing binding decisions in the areas of family and criminal law, I would like to know which courts are enforcing them because I would consider such action unlawful. British law is absolute and must remain so."[4][|permanent dead link|dead link}}]
An e-petition to the UK government to prohibit and criminalise sharia courts received over 15,000 signatures. The government issued a response, stating that sharia rulings are only permitted if legal under UK law.[8]
See also
- Islamic Sharia Council
- Islamic law
- English and Welsh law
References
- ↑ "Muslim Arbitration Tribunal". http://www.matribunal.com. Retrieved 6 September 2015.
- ↑ "30 councils were identified [...] certain small councils based in local community Mosques or local organisations had been missed" Bano, Samia.(2002-10-02) "An exploratory study of Shariah councils in England with respect to family law." p15.
- ↑ Zee, Machteld (August 17, 2013). "What happens at Sharia councils? Part Three: The Muslim Arbitration Tribunal". http://leidenlawblog.nl/articles/what-happens-at-sharia-councils-part-three-the-muslim-arbitration-tribunal. Retrieved 6 September 2015.
- ↑ 4.0 4.1 4.2 4.3 4.4 Taher, Abul (2008-09-14). "Revealed: UK's first official sharia courts". London: Times Online. http://www.thesundaytimes.co.uk/sto/Migration/article235989.ece. Retrieved 2010-01-04.
- ↑ 5.0 5.1 5.2 Rozenberg, Joshua (2008-09-14). "What can sharia courts do in Britain?". London: Telegraph. https://www.telegraph.co.uk/news/newstopics/lawreports/joshuarozenberg/2957692/What-can-sharia-courts-do-in-Britain.html. Retrieved 2010-01-04.
- ↑ 6.0 6.1 "Extra-judicial divorces, which have been granted since 1 January 1974 in this country, are not valid." "Divorce". www.ukba.homeoffice.gov.uk. UK Border Agency. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec2gensec/divorce?view=Binary. Retrieved 25 April 2013.
- ↑ "To get married in an Anglican church, contact your local church [...] For all other marriages or civil partnerships you must give notice at your local register office." "Marriages and civil partnerships in the UK". gov.uk. UK Government Digital Service. https://www.gov.uk/marriages-civil-partnerships. Retrieved 25 April 2013.
- ↑ "Ban all sharia law in the u.k - e-petitions". http://epetitions.direct.gov.uk/petitions/48352.
External links
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